LV	Aerial	Imaging 5	May	2015

Attn.: Dewey	Gray

9724	Royal	Lamb	Drive

Las	Vegas,	NV	89145

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

SUBJECT: Exemption Request Section 333 of the FAA	 Reform Act for	 aerial	

imaging	for	commercial	purposes

To	Whom	It	May	Concern:

Pursuant	 to Section 333 of the FAA Modernization and Reform Act of 2012 (the

Reform	Act), and 14 C.F.R. Part 11, LV Aerial	Imaging	(LVAI), hereby	applies	for an	

exemption	 from	 Federal	 Aviation	 Regulations	 (FARs)	 identified	 below,	 to	 allow	

commercial	operation	of	small	unmanned	aerial	systems	(sUAS).

This	 exemption	 will	 permit	 commercial	 operation	 by	 LVAI,	 which	 will	 utilize	 DJI	

Phantom	 series and	 DJI	 Inspire	 series	 sUAS,	 to pursue commercial interests

providing still	 and	 video	 imaging services to clients using advanced sUAS	 for	

commercial	 purposes	 including	 but	 not	 limited	 to: Real Estate,	 Advertising,	

Marketing,	Surveying,	and Special Events

PETITIONERS	DESCRIPTION

LV Aerial	 Imaging,	 headquartered	 in	 Las	 Vegas,	 NV,	 is a	 partnership formed	 by a	

highly experienced	 commercial	 real	 estate	 professional	 and	 a	 highly	 experienced	

career	 pilot	 with	 extensive	 military,	 commercial	 and UAS pilot experience.	 	 	 The	

company	provides	a	wide	range	of	sUAS	still	and	video	imaging	solutions	to	a	broad	

base	of	clients	and	industries	as	well	as	sUAS	flight	training.		

The	 principal	 LVAI operator	 and	 operations	 supervisor	 currently	 possesses an	

Airline	Transport	Pilot	Multi-Engine	Land with	2	type	ratings	and	is	current	in	both	

types,	 Commercial	 Pilot	 Single	 Engine	 Land	 Certificate,	 Class	 I	 Medical,	 extensive	

military	 operations	in	 F-16,	as	well	as	 having	 previously	 held	 CFI/CFII	 certificates	

with	 over	 10,000	 total	 flight	 hours in	manned	and	 unmanned	 systems	including	6	

years	 experience	 providing real-time video	 imaging	 from	 MQ-1	 and	 MQ-9	

unmanned	aircraft.		

sUAS	DESCRIPTION

LVAI is petitioning for an exemption to operate a DJI	Phantom	and DJI Inspire	series	

sUAS.
OPERATIONS	DESCRIPTION

LVAI sUAS operations	are	designed	to	comply	with	FAA	intent expressed	by	the DOT	

in	FAA RIN	 RIN	2120–AJ60 Notice	of	Proposed	Rulemaking for	pending	14	C.F.R	

107	 (NPRN)	and	current	governing	directives.	

• Operator		qualification:

o certificate	

§ possess	a current	airman	certificate	with	current	flight	review	

requirement	for	category	and	class,	OR

§ passed	 a	 Sport Pilot or	 better aeronautical	 knowledge	 test	

within	the	past	24	calendar	months	to	meet	intent	of	NPRN

o possess a	valid	FAA	medical	certificate	

o possess	 a	 valid	 drivers	 license	 or	 other	 state	 or	 federal	 government	

photo	identification

o have	logged	a	minimum	25	hours	UAS	time,	with	at	least	10	hour	with	

an	experienced	UAS	operator

o be	vetted	with	Transportation	Security	Administration

• Operational	limitations

o sUAS	preflight	 and	 operations	 will	 be	 conducted	in	 accordance	 with	

manufacturer	guidance

o sUAS will	not	exceed	500	feet	above	ground	level

o sUAS	will	not	exceed	50	knots	or	25.7	m/s

o Airspace:

§ Operations	will	not	be	conducted	in	class	A	airspace	

§ Operations	will	not	be	conducted	in	class		B,	C,	D	or	E	airspace	

without	 prior	 approval	 from	 controlling	 Air	 Traffic	 Control	

Facility

o Daylight	operations	only	(sunrise	to	sunset)

o Visibility	of	3	statute	miles	or	better	from	the	sUAS	control	station	and	

clear	of	clouds

o sUAS	has	enough	power	 to	operate	 for	its	intended	operational	 time	

and an	 additional	 five	 minutes.	 	 	The	 5-minute	 buffer	 would	 ensure	

that	 the	small	UAS	has sufficient	power	 to	return	 to	 the	operator,	or	

another	location,	and	be	able	to	make	a controlled	landing

o sUAS	will	yield	right-of-way	to	other	aircraft,	manned	or	unmanned

o sUAS will	not	be	operated directly	over	any	person	not	participating	

in	the	operation,	unless	nonparticipants	have previously	consented in	

writing	 to	 the	 operation	 and/or structures	 are	 present	 to	 protect	

nonparticipants	from	UAS	and/or	debris	in	the	event	of	a	mishap

o sUAS	 will	 remain	 within	 Visual	 line-of-sight	 of	 the	 operator	 or	

observer	through	unaided	 vision	by	any	device	 other	 that	corrective	

lenses

o Observers will, as part	of	the	preflight	briefing be	briefed	on

§ role of an observer,
§ communication procedures,

§ safety	of	flight	considerations

• sUAS	Maintenance	

o LVAI will	adhere	to	strict	compliance	on	sUAS	system	components	of	

all	manufacturer:

§ maintenance,	 replacement, inspection	 and	 life	 limit	

requirement	for	the	aircraft and	systems

§ safety	bulletins

§ software	or	firmware	upgrades

REGULATIONS FROM WHICH EXEMPTION IS REQUESTED:

• §	47.3	Registration	required.

• §	61.5	Certificates	and	ratings	issued	under	this	part

• §	 91.205	 Powered	 civil	 aircraft	 with	 standard	 category	 U.S.	 airworthiness	

certificates:	Instrument	and	equipment	requirements.

• § 91.119	:	Minimum	safe	altitudes

• § 91.151	:	Fuel	requirements	for	VFR	flight

§	 47.3	 Registration	 required.	 (a)	 An	 aircraft	 may	 be	 registered	 under	 49	 U.S.C.	

44103	only	when	 the	aircraft	is	not	registered	under	 the	laws	of	a	 foreign	country	

and	is— (1)	 Owned	 by	 a	 citizen	 of	 the	 United	 States;	 (2)	 Owned	 by	 an	individual	

citizen	of	a	foreign	country	lawfully	admitted	for	permanent	residence	in	the	United	

States;	 (3)	 Owned	 by	 a	 corporation	 not	 a	 citizen	 of	 the	 United	 States	 when	 the	

corporation	is	organized	and	doing	business	under	the	laws	of	the	United	States	or	a	

State	within	 the	United	States,	 and	 the	 aircraft	is	 based	 and	 primarily	 used	in the	

United	States

Justification:	 	 From NPRM	 	 “The	 FAA’s	 current	 processes	 for	 issuing	

airworthiness	 and	 airman	 certificates	 were	 designed	 to	 be	 used	 for	 manned	

aircraft	 and	 do	 not	 take	into	 account	 the	 considerations	 associated	with	 civil	

small	UAS.”

DISCUSSION:		As	stated	publically	by	DOT	in	NPRM,	aircraft	registration	and	

marking	 requirements	do	 not currently address	UAS	weighing less	 than	 55	

pounds.	 	 Therefore	 we	 seek	 exemption	 to	 registration	 and	 marking

requirements for	sUAS,	until	such	time	as	applicable	regulations	are	enacted.

§	 61.5	 Certificates	 and	 ratings	 issued	 under	 this	 part.	 (a)	 The	 following	

certificates	 are	 issued	 under	 this	 part	 to	 an	 applicant	 who	 satisfactorily	

accomplishes	 the	 training	and	certification	requirements	 for	 the	certificate	sought:	

(1)	Pilot	certificates— (i)	Student	pilot.	 (ii)	Sport	pilot.	 (iii)	Recreational	pilot.	 (iv)	

Private	pilot.	(v)	Commercial	pilot.	(vi)	Airline	 transport	pilot.	(2)	Flight	instructor	

certificates.	(3)	Ground	instructor	certificates.

Justification:		From NPRM.		
• “A private pilot certificate cannot be used to operate a small UAS for 

compensation or hire unless the flight is only incidental to the operator’s 

business or employment.” 

• “While these airman certification requirements are necessary for manned 

aircraft operations, they impose an unnecessary burden for many small 

UAS operations. This is because a person typically obtains a private or 

commercial pilot certificate by learning how to operate a manned aircraft. 

Much of that knowledge would not be applicable to small UAS operations 

because a small UAS is operated differently than a manned aircraft. In 

addition, the knowledge currently necessary to obtain a private or 

commercial pilot certificate would not equip the certificate holder with the 

tools necessary to safely operate a small UAS. Specifically, applicants for 

a private or commercial pilot certificate currently are not trained in how 

to deal with the “see-and-avoid” and loss-of-positive-control safety issues 

that are unique to small unmanned aircraft. Thus, requiring persons 

wishing to operate a small UAS to obtain a private or commercial pilot 

certificate imposes the cost of certification on those persons, but does not 

result in a significant safety benefit because the process of obtaining the 

certificate does not equip those persons with the tools necessary to 

mitigate the public risk posed by small UAS operations.”

DISCUSSION: As	 stated publically	 by	 DOT	 in	 NPRM current airman 

certification imposes unnecessary burden on sUAS operators. 

• We believe that §	 61	 Subpart	 J—Sport	 Pilots requirements	 and

intention	 of	 sUAS	 operator	 certification	 as	 expressed	 in	 NPRM	 are	

more	 closely	 aligned	 and	 therefore	 Private	 Pilot	 certificates	 are	

excessive.			

• As	 such	 we	 request	 exemption	 from	 §	 61	 on	 the	 ground	 that	 it	

imposes	 unnecessary	 burdens,	 until	 such	 time	 as	 applicable	

regulations	are	enacted.		

• As	an interim	solution,	we	propose	LVAI sUAS	operators not	currently	

in	 possession	 of	 an	 airman	 certificate	 operate	 sUAS	 for	 commercial	

proposes	outlined	above	by	meeting the	qualification requirement	in	

the	 table	 below	 as an	 ad	 hoc	 blend	 of	 	 §	 61	 Subpart	 J	 and	 NPRM	

operator	certification.

NPRM § 61 (Sport Pilot 

requirements)

Our proposed interim 

solution

Pass an initial aeronautical 

knowledge test

at an FAA-approved knowledge 

testing center

§ 61.307 

(a) Knowledge test. You 

must pass a knowledge test 

on the applicable 

aeronautical knowledge 

areas listed in §61.309. 

Before you may take the

knowledge test for a sport 

pilot certificate, you must 

receive a logbook 

Comply with § 61.307
endorsement from the 

authorized instructor who 

trained you or reviewed and

evaluated your home-study 

course on the aeronautical 

knowledge areas listed in § 

61.309 certifying you are 

prepared for the test.

Be vetted by the Transportation 

Security Administration

Currently accomplished via 

submission of Form 8710-1

Be vetted with TSA either 

thru existing Airman 

certification or other 

program such as Global 

Entry

Obtain an unmanned aircraft 

operator certificate with a small 

UAS rating (like existing pilot 

airman certificates, never expires).

Not currently provided for in 

§ 61

Practical experience:

--10 hours of instruction in 

sUAS from an experienced 

sUAS operator.

--25 hours total time in 

sUAS

--experienced operator is 

an individual with 50 hours 

or more UAS time

Pass a recurrent aeronautical 

knowledge test every 24 months

Comply with § 61.307 with 

a 24 month currency

Be at least 17 years old Be at least 17 years old Be at least 17 years old

Medical

Accordingly, the FAA proposes, in 

§ 107.17, to prohibit a person from 

acting as an operator or visual 

observer if he or she knows or has 

reason to know of any physical or

mental condition that would 

interfere with the safe operation of 

a small UAS.

Medical

Medical or U.S. driver's 

license and self-certification

Class III medical or better

Or

Medical or U.S. driver's 

license and self-certification

91.205	 Powered	 civil	 aircraft	 with	 standard	 category U.S.	 airworthiness	

certificates:	 Instrument	 and	 equipment	 requirements.	 	(a)	 General.	 Except	 as	

provided	 in	 paragraphs	 (c)(3)	 and	 (e)	 of	 this	 section,	 no	 person	 may	 operate	 a	

powered	civil	aircraft	with	a	standard	category	U.S.	airworthiness	certificate	in	any	

operation	described	in	paragraphs	(b)	through	(f)	of	this	section	unless	that	aircraft	

contains	 the	 instruments	 and	 equipment	 specified	 in	 those	 paragraphs	 (or	 FAAapproved	equivalents)	 for	 that	 type	of	operation,	and	 those	instruments	and	items	

of	equipment	are	in	operable	condition.	(b)	Visual-flight	rules	(day).	For	VFR	 flight	

during	the	day,	the	following	instruments	and	equipment	are	required:

Justification:		From NPRM.		“The	FAA’s	current	processes	for	issuing	airworthiness	

and	airman	certificates	were	designed	 to	be	used	for	manned	aircraft	and	do	not	

take	into	account	the	considerations	associated	with	civil	small	UAS.		Specifically,	

obtaining	 a	 type	 certificate	 and	 a	 standard	 airworthiness	 certificate,	 which	

permits	the	widest	range	of	aircraft	operation,	currently	takes	about	3	to	5	years.	

Because	 the	 pertinent	 existing	 regulations	 do	 not	 differentiate	 between	 manned	
and	unmanned	aircraft,	a	small	UAS	is	currently	subject	to	the	same	airworthiness	

certification	process	as	a	manned	aircraft.	However,	it	is	not	practically	feasible	for	

many	small	UAS	manufacturers	to	go	through	the	certification	process	required	of	

manned	 aircraft.	This	is	 because	 small	UAS	 technology	is	 rapidly	evolving	 at	 this	

time,	 and	 consequently,	if	 a	 small	 UAS	 manufacturer	 goes	 through	 a	 3-to-5-year	

process	 to	 obtain	 a	 type	 certificate,	 which	 enables	 the	 issuance	 of	 a	 standard	

airworthiness	certificate,	 the	small	UAS	would	be	 technologically	outdated	by	 the	

time	it	completed	the	certification	process.”

DISCUSSION:	 	 As	 stated	 publically	 by	 DOT	 in	 NPRM,	 current	 airworthiness	

certification	 process	is	 not	 feasible	 for	 sUAS.	 	 Therefore	we	 seek	exemption	 to	

current	regulation	related	to	airworthiness	certification	and	aircraft	equipment	

requirements,	 while maintaining	 aircraft	 manufacturer	 recommendations	 of	

sUAS,	until	such	time	as	applicable	regulations	are	enacted.

§	91.119	Minimum	safe	altitudes:	General.

Except	when	necessary	for	takeoff	or	landing,	no	person	may	operate	an	aircraft	

below	the	following	altitudes:	

(a)	Anywhere.	An	altitude	allowing,	if	a	power	unit	fails,	an	emergency	landing	

without	undue	hazard	to	persons	or	property	on	the	surface.	

(b)	Over	congested	areas.	Over	any	congested	area	of	a	city,	town,	or	settlement,	or	

over	any	open	air	assembly	of persons,	an	altitude	of	1,000	feet	above	the	highest	

obstacle	within	a	horizontal	radius	of	2,000	feet	of	the	aircraft.	

(c)	Over	other	than	congested	areas.	An	altitude	of	500	feet	above	the	surface,	

except	over	open	water	or	sparsely	populated	areas.	In those	cases,	the	aircraft	may	

not	be	operated	closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.

Justification:		From	NPRM:		

• “The FAA notes that while most manned aircraft operations fly above the 

500-foot ceiling proposed in this rule, there are some manned-aircraft 

operations that could fly below this altitude. For example, aerial 

applicators, helicopter air ambulance services, and military operations 

conducted on military training routes often fly at an altitude below 500 

feet. However, even though some manned aircraft operations take place at 

an altitude below 500 feet, there is significantly less air traffic at or below 

500 feet than there is above 500 feet altitude. As a result of this difference 

in air-traffic density, the FAA has determined that small UAS operations 

would not pose a significant risk to manned aircraft operations taking 

place below 500 feet altitude if proper precautions are taken by the small 

UAS operator.”

• “In addition, because a small unmanned aircraft is highly maneuverable 

and easy to land, an operator who finds the small unmanned aircraft to be 

difficult to control would still be able to easily land the aircraft”

• Proposed “§ 107.39 Operation over people. No person may operate a 

small unmanned aircraft over a human being who is:(a) Not directly 
participating in the operation of the small unmanned aircraft; or (b) Not 

located under a covered structure that can provide reasonable protection 

from a falling small unmanned aircraft.”

Discussion:		Having	reviewed	NPRM position	on	altitude,	NAS	and	operations	

over	non-participants,	we	find	it	to	be	thoughtful	and	believe	it	to	be a

positive	recommendation.		 We	request	an	exemption	to	§91.119	with	the	

following	equivalent	levels	of	safety.

• Airspace:

o Operation	will	not	be	conducted	in	class	A	airspace

o Operations	will	not	be	conducted	in	class	B,	C,	D,	or	E	airspace	

without	prior	written	permission	from	the	controlling	

authority

• Yield	right-of-way	to	all	other	manned	and	unmanned	activities

• Maximum	altitude	of	500	feet	above	ground	level

• Operation	will	not	be	conducted directly	over	any	person	not	

participating	in	the	operation,	unless	nonparticipants	have previously	

consented in	writing	to	the	operation	and/or structures	are	present	to	

protect	nonparticipants	from	UAS	and/or	debris	in	the	event	of	a	

mishap.

§	91.151	Fuel	requirements	for	flight	in	VFR	conditions. (a)	No	person	may	begin	a	

flight	 in	 an	 airplane	 under	 VFR	 conditions	 unless	 (considering	 wind	 and	 forecast	

weather	conditions)	there	is	enough	fuel	to	fly	to	the first	point	of	intended	landing,	

and	assuming	normal	cruising	speed.		(1)	During	the	day,	to	fly	after	that	for	at	least	

25	minutes;	or	

Justification:	 	 Battery	 life	 on	 the	 DJI	 sUAS	 that	 we	 operate	 limits	 flight	 to	

approximately	18	minutes.		Clearly	 the	existing	directives	in	§ 91.151 were	

not	created	with	sUAS	in	mind.		We	request	an	exemption	 to	§ 91.151 until	

such	time	as	applicable	regulation	is	enacted.			For	equivalent	level	of	safety,	

we	will	terminate	operation		with	5	minutes	of	battery	life	remaining.		

Thank	you	for	your	consideration.		We	look	forward	to	responding	you	any	inquiries	

you	may	have.		

Regards,

Dewey	Gray

LV	Aerial	Imaging

lvai@blueskies.us

(702)	586-8800
File	size	upload	limitations	at	www.regulations.gov prohibit	uploading	users	

manuals	of	some	sUAS.		The	most	up	to	date	Operations,	Safety	and	Maintenance	

Manuals	can	be	reviewed	directly	from	the	manufacture	here:

• DJI	Inspire	1	series

o http://www.dji.com/product/inspire-1/download

• DJI	Phantom	2	series

o http://www.dji.com/product/phantom-2-vision-plus/download

o http://www.dji.com/product/phantom-2/download

• DJI	Phantom	3	series		

o http://www.dji.com/product/phantom-3/download