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Aerobotic Imaging Services, LLC

4918 Seabrook Court

Wilmington, NC 28403

September 26, 2015

U.S. Department of Transportation

West Building, Ground Floor

Room w12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Subject: Request for Issuance of Exemption under Title 14 CFR, Section 333 

To Whom It May Concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR 

Part 11, Aerobotic Imaging Services, LLC hereby applies for exemption from certain 

Federal Aviation Regulations (FARs) to allow for the commercial operation of small 

Unmanned Aircraft Systems (sUAS) so long as the proposed operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as 

required in accordance with Section 333.

If granted it is our intention to engage in the commercial operation of sUAS in order to 

offer services to multiple industries including:

 Aerial Photography & Survey

 Cell Tower Inspections

 Energy Systems Inspections

 Pipeline Inspections

 Aerial Data Collection

 Residential Real Estate 

 Public Safety Support Operations

 Flight Instruction

The requested exemption would permit the operations of sUAS by the applicant under 

controlled conditions in airspace that is limited, predetermined, and controlled as to 

access. Also, this exemption would provide safety and environmental enhancements 

not possible with larger manned aircraft, and would mitigate the inherent risk 
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associated with the deployment of men and women in climbing and /or rappelling 

operations as may often times be required.

The principal owners of Aerobotic Imaging Services, LLC possess Airline Transport Pilot 

(ATP) certificates, have extensive flight instructing experience (“Gold Seal” instructors),

have more than 10,000 hours of PIC time in both single and multi-engine aircraft, and 

hold several type ratings. Consequently, both individuals are well versed in navigating 

the National Airspace System, working with ATC, and working within the framework of 

the FARs. In addition, the owners have backgrounds in Parts 135 and 121 and intend 

to adopt the safety policies and procedures learned in those environments. 

Finally, Aerobotic Imaging Services, LLC will ensure that all flights will be operated in 

class G airspace within visual line of sight (VLOS) of the pilot and visual observer (VO) 

under daytime VFR flight conditions as defined in FAR 91.155. For flights in other than

class G airspace, the necessary permission will be obtained. The sUAS will be limited 

to a maximum altitude of 400 feet above ground level (AGL). The applicant will keep 

the sUAS clear of and yield the right of way to all manned operations and activities at all 

times including but not limited to ultra-light craft, skydiving activities, parasailing 

activities, hang gliders, and hot air balloons.

Name and address of the applicant:

Aerobotic Imaging Services, LLC

Stephen G. Dixon, member

Paul W. Jones, member

4918 Seabrook Court

Wilmington, NC 28403

(910) 520-3502

sgdixon2@gmail.com

Regulations from which this exemption is requested:

-14 CFR Part 61.113(a) and (b): Private pilot privileges and limitations: PIC

-14 CFR Part 91.7(a): Civil aircraft airworthiness 

-14 CFR Part 91.9(b) (2): Civil aircraft flight manual, marking, and placards 

-14 CFR Part 91.103: Preflight action 

-14 CFR Part 91.109: Flight instruction

-14 CFR Part 91.119(b) and (c): Minimum safe altitudes

-14 CFR Part 91.121: Altimeter settings

-14 CFR Part 91.151(a) (1): Fuel requirements for VFR flight

-14 CFR Part 91.203 (a) and (b): Carrying civil aircraft certification and registration

-14 CFR Part 91.405(a): Maintenance inspections

-14 CFR Part 91.407(a) (1): Maintenance inspections

-14 CFR Part 91.409(a) (1) and (2): Maintenance inspections

-14 CFR Part 91.417(a) and (b): Maintenance inspections
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Description of proposed sUAS

The applicant proposes to utilize the Phantom 3 and Inspire 1 as manufactured by DJI. 

The Phantom 3 weighs 2.9 pounds including the payload that consists of a Sony 

camera sensor. Its maximum airspeed is 31 knots. The Inspire 1 has a maximum 

gross weight of 6 pounds, 7.5 ounces, and a maximum speed of 42 knots. Both aircraft 

have the ability to hover and move in a vertical and horizontal plane simultaneously. 

They are operated from the ground utilizing a remote controller which displays flight and

camera data on an electronic tablet or smartphone. Both aircraft are equipped with four 

main rotors driven by lithium polymer battery powered motors. Please see the 

manufacturer’s specifications attached in the appendices.

The above mentioned aircraft that will be operated by Aerobotic Imaging Services, LLC 

will be identified by serial number and registered in accordance with 14 CFR part 47, 

and have N-number markings in accordance with 14 CFR part 45, subpart C. 

Safety

The following operating procedures will apply during sUAS operations under this 

exemption request:

1. Any and all required permissions and permits will be obtained from appropriate 

state, county, or city jurisdictions, including local law enforcement, fire, or other 

appropriate governmental agencies.

2. Approval will be obtained from relevant property owners prior to an operation.

3. The sUAS pilot in command (PIC) will be trained in advance for the safe 

operation of the sUAS to be operated. This will include operation of the sUAS in 

both normal and failsafe modes of operation, and will include familiarization with 

the operation manual as published by the manufacturer attached in the 

appendices. 

4. All operations will be conducted:

i. Within visual line of sight of the PIC.

ii. Utilizing a visual observer (VO). 

iii. At less than 400 feet AGL. 

iv. Within class G airspace unless permission is received at least 24 hrs. in 

advance of the planned flight.

v. Under daytime VFR conditions as defined by FAR 91.155.

vi. At least 5 miles from any airport, heliport, or seaplane base.

vii. Verbal communication between the VO and PIC will be maintained at all 

times.
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5. The flight area of the sUAS will be observed for the best takeoff and landing 

locations. Desired conditions include flat and level surfaces clear of debris, at 

least 15’ from power lines and structures, and a minimum of 12’ from PIC and 

VO.

6. The sUAS will be equipped with safety bumpers, sold by the manufacturer, 

installed around the propellers to protect the propellers, structures, and persons 

from damage and injury.

7. All batteries will be fully charged before each flight and each flight will be 

terminated when the battery has 20% power level remaining.

8. A visual safety inspection will be conducted before each flight to ensure the 

airworthiness of the sUAS is in accordance with the manufacturer’s operating 

instructions and the pilot preflight checklist. This will include checking the 

propeller tightness, the security of the bumper guards, and remote controls.

9. A preflight briefing will be issued by the PIC to all personnel included in the 

operation prior to launch. All personnel who will be performing duties for the 

operation will be present for the briefing.

10.If appropriate for the operation, the sUAS will utilize GPS navigation, failsafe, and 

return-to-home (RTH) and/or flight abort safety features.

Relief requested

Section 61.113(a) and (b) prescribes that –

(a) No person who holds a private pilot certificate may act as a pilot in 

command (PIC) of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act 

as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if (1) the flight is only 

incidental to that business or employment, and (2) the aircraft does not 

carry passengers or property for compensation.

 

We seek exemption from this regulation due in part because the FAA has 

determined that holders of recreational and sport pilot certificates have 

adequate knowledge to commercially pilot sUASs. Current FAA issued grants 

of exemption indicate that these certificates are considered adequate. Also, 

considering the fact that sUASs are incapable of carrying a pilot or passengers, 

it follows that the level and type of risk associated with commercial operations 

contemplated when 61.113 was drafted are not present with sUAS operations. 

In addition, our proposed operation will follow restrictions and controls outlined 

by the FAA and our pilot training will follow the contents of the attached 
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manufacturer’s training guides. We therefore believe the risks associated with 

the operation of sUASs are significantly less than that associated with 

operations utilizing a manned conventional aircraft operating under 61.113. 

 Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an 

airworthy condition.

 Given that if this exemption is granted, there will be no airworthiness certificate, 

and no standard exists for an aircraft of this type. We propose to utilize the 

manufacturer’s operating and maintenance manual in conjunction with the pilot 

preflight checklist attached in the appendices as to assess the airworthiness of 

the sUAS. 

 Section 91.9(b)(2) prescribes, in pertinent part, that no person may operate a U.S. 

registered civil aircraft unless there is available in the aircraft a current approved 

airplane or rotorcraft flight manual, approved manual material, markings, and 

placards, or any combination thereof. 

 Due to the size and configuration of the sUAS, there is no room or capacity to 

carry such an item on the aircraft. We propose maintaining an equivalent level 

of safety by keeping the manual at the ground control point where the pilot 

flying the sUAS will have immediate access to it.

 Section 91.103 prescribes that each PIC shall, before beginning a flight, become 

familiar with all available information concerning that flight, to include –

(a) For a flight under instrument flight rules (IFR) or a flight not in the vicinity of an 

airport, weather reports and forecasts, fuel requirements, alternatives available 

if the planned flight cannot be completed, and any known traffic delays of which 

the PIC has been advised by air traffic control (ATC).

(b) For any flight, runway lengths at airports of intended use, and the following 

takeoff and landing distance information: (1) For civil aircraft for which an 

approved airplane or rotorcraft flight manual containing takeoff and landing 

distance data is required, the takeoff and landing distance data contained 

therein; (2) and for civil aircraft other that those specified in paragraph (b)(1) of 

this section, other reliable information appropriate to the aircraft, relating to 

aircraft performance under expected values of airport elevation and runway 

slope, aircraft gross weight, wind, and temperature.

 We request an exemption from 14 CFR 91.103 as FAA approved flight manuals 

will not be used. Instead, operating manuals and checklists provided by the 

manufacturer will be referenced by the PIC. In addition, the PIC will take all preflight actions including but not limited to reviewing weather, flight battery 

requirements, launch and landing area assessments, and aircraft performance 

data before commencing a flight.
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 Section 91.109 prescribes, in pertinent part, that no person may operate a civil aircraft 

(except a manned free balloon) that is being used for flight instruction unless that 

aircraft has fully functioning dual controls.

 By design, sUAS do not have fully functioning dual controls. Flight control is 

accomplished through the use of a control box that communicates with the 

aircraft via radio. The equivalent level of safety is provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft, and control of the 

sUAS is via radio. 

 Section 91.119 prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below the following altitudes: 

(b)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.

We request an exemption from 14 CFR 91.119 as we believe an equivalent level 

of safety will be achieved given the size, weight, and speed of the sUAS. No 

flights will be taken without proper notices being given and permission 

received from property owners and any individuals that may be affected by the 

operation. Additionally, since there is no flammable fuel load, any potential 

risk associated with these operations is far less than those presently presented 

utilizing conventional aircraft at low altitude.

Section 91.121 prescribes, in pertinent part, that each person operating an aircraft 

shall maintain the cruising altitude by reference to an altimeter that is set when 

operating below 18,000 feet MSL to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.

We request an exemption from 14 CFR 91.121 as the sUAS is not equipped with 

a barometric altimeter, but instead outputs GPS altitude data. An equivalent 

level of safety will be achieved by the PIC verifying the altitude at the launch 

site prior to and during the flight.
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Section 91.151(a) prescribes that no person may begin a flight in an airplane under 

Visual Flight Rules (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 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes.

 

We seek an exemption from 14 CFR 151 as we believe we can achieve an

equivalent level of safety by requiring an operation to be terminated when the 

indicated battery power reaches 20%. This would provide more than sufficient 

time for the sUAS to return to its planned landing zone from anywhere in the 

limited operating area.

Section 91.203(a) prescribes, in pertinent part, that no person may operate a civil 

aircraft unless it has within it –

(1) An appropriate and current airworthiness certificate; and

(2) An effective U.S. registration certificate issued to its owner, or for operations

within the United States, the second copy of the Aircraft Registration 

Application as provided for in 47.31(c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil 

aircraft unless the airworthiness certificate or a special flight authorization issued 

under 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

We request an exemption from 14 CFR 203(a) and (b) since the sUAS weighs 

less than 3 pounds, carries no pilot or crew, and has no cockpit or cabin. We 

propose to keep these documents at the ground control point where the PIC 

will have immediate access to them to the extent they are applicable to the 

sUAS.

Section 91.405(a) prescribes, in pertinent part, that each owner of an aircraft shall 

have that aircraft inspected as prescribed in subpart E of this part and shall, between 

required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43, Maintenance, Preventative 

Maintenance, Rebuilding, and Alteration.

Section 91.407(a)(1) prescribes that no person may operate any aircraft that has 

undergone maintenance, preventative maintenance, rebuilding, or alteration unless 
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it has been approved for return to service by a person authorized under part 43.7 of 

this chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had an inspection for 

the issuance of an airworthiness certificate in accordance with part 21.

Section 91.417(a) and (b) prescribe, in pertinent part, that –

(a) Each registered owner or operator shall keep the following records for the 

periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventative maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include –

(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature and certificate number of the person approving 

the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each 

propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, 

engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the 

aircraft that are required to be overhauled on a special time 

basis.

(iv) The current inspection status of the aircraft, including the time 

since last inspection required by the inspection program 

under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) 

and safety directives including, for each, the method of 

compliance, the AD or safety directive number and revision 

date. If the AD or safety directive involves recurring action, 

the time and date when the next action is required.

(vi) Copies of the forms prescribed by 43.9(d) for each major 

alteration to the airframe and currently installed engines, 

rotors, propellers, and appliances.
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(b) The owner or operator shall retain the following records for the periods 

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained 

until the work is repeated or superseded by other work, or for 1 year after 

the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained 

and transferred at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft 

is approved for return to service.

We request an exemption from 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), and 

91.417(a) and (b) as we believe these sections apply only to aircraft with an 

airworthiness certificate. The applicant will meet all maintenance requirements as 

prescribed by the manufacturer in accordance with the operating manual. This will 

provide an equivalent level of safety given the small size or the sUAS, the proximity 

to the PIC during flight, the short duration of flights, and the low altitude. In the 

event of a mechanical issue, the sUAS can land immediately. The PIC will ensure 

the sUAS is in proper working order prior to initiating flight, perform all required 

maintenance, and keep a log of any maintenance performed.

Public Interest:

Given the small size of the sUAS involved and the limited environment within which it will 

operate, its proposed operation “falls squarely within that zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption allow 

commercial operations of sUAS to commence immediately.” Also, because of the size of 

the sUAS and the restricted areas in which the sUAS will operate, the petitioner asserts 

approval of the application presents no national security issue. Additionally, the ability to 

conduct the types of missions outlined in Aerobotic Imaging Services’ petition by a craft 

significantly smaller than a manned aircraft and carrying no passengers, crew, or 

flammable fuel significantly enhances safety to the general public as well as those 

involved in the mission.

Granting the requested exemption is in the public interest because of (1) the clear 

direction set in section 333 of Public Law 112-95, (2) the strong equivalent level of safety 

surrounding the proposed operations, (3) and the significant public benefit, including 

enhanced safety and reduction in environmental impacts such as reduced emissions 

associated with allowing sUAS for photography and inspection operations.

Additional Considerations:
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The FAA has set precedence in granting petitions to other entities that propose to engage 

in the same or similar types of activities under essentially the same operating parameters.

Sincerely,

Stephen G. Dixon, member

Aerobotic Imaging Services, LLC

Attachments:

Appendix “A” DJI Phantom 3 manual

Appendix “B” DJI Inspire 1 manual

Appendix “C” DJI Phantom 3 checklist

Appendix “D” DJI Inspire 1 checklist