April14, 2015 

Docket Management Facility 

U.S. Oepa rtment of Transportation 

Docket M anagement System 

1200 New Jersey Ave S.E. 

Washingt on D.C. 20590 

RE: Exemption Request, Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 

C.F. R. 

Dear Sir or Madam: 

Pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 

Part II, Thurman & Thurman, LLC (dba Aerial Check UAVs) is writing to request that we, Anthony 5. Thurman 

and Stephanie J. Thurman, as owners and operators of small unmanned aircrafts (UAS) equipped to conduct 

aerial digit al imagery, respectfully request to be granted exemption as listed below. 

This exemption will permit Aerial Check UAVs to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial inspections and surveys as well as post-disaster aerial support. 

Inspections would include property, land survey and other high structures that currently require fall 

protection gear (i.e. Cellular/RF towers and roofs). Additionally, we shall operate in areas of agriculture and 

search and rescues and will provide digital imaging services for the purpose of developing marketing 

materials. The details of the operation as well as all pertinent information are contained within t his 

document or provided within the attachments. 

AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 77 484 
14 C.F.R 11.81 (a)- Name and address of the Petitioner: 

The name and address of the applicants are: 

Anthony 5 Thurman 

Stephanie J Thurman 

PO Box 1813 

W aller, TX 77484 

Phone: {832} 928-9594 

Email: stephanie.thurman@outlook.com 

14 C.F.R (b)- Exemptions Requested: 

Regulations from which the exemption is requested include: 

Private Pilot Privileges 

Aircraft Airworthiness 

Preflight Action 

Minimum Safe Altitudes 

Altimeter Settings 

Fuel Requirements 

Maintenance Required 

Operation after Maintenance 

Inspections 

Maintenance Records 

14 C.F.R § 61.113 (a) 

14 C.F.R § 91.7 (a) 

14. C.F.R. §91.103 (b) 

14. C.F.R § 91.119 (c) 

14. C.F.R § 91.121 

14 C.F.R.§ 91.151 (a) 

14 C.F.R § 91.405 (a) 

14 C.F.R § 91.407 (a) (1) 

14 C.F.R § 91.409 (a) (1} & (2) 

14 C.F.R. § 91.417 (a) & (b) 

Private Pilot Privileges -14 C.F.R. § 61.113 (a)- Because a UAS does not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have a private pilot's license rather than a commercial pilot's license to operate 

small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based operator. 

The operational area is controlled and restricted and all flights are planned and. coordinated in advance. The 

level of safety exceeds that provided by a piloted helicopter or aircraft. The risks associated with the 

operations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceed the present level of 

safety sought by 14 C.F.R. §61.113 (a) and (b) 

Aircraft Airworthiness 14 C.F.R § 91.7 {a)- states that no person may operate a civil aircraft unless it is in 

airworthy condition. Currently, no Administration regulatory standard exists for determining the 

airworthiness of a UAS. Therefore, if the exemption is granted, Aerial Check UAVs will follow and maintain 

the UASs as indicated by the manufacturer and conduct all safety checks recommended prior to each flight. 

AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 77 484 

2 
3 

Preflight Action 14. C.F.R. §91.103 (b)- states that a pilot in command (PIC) become familiar with specific 

information before each ffight, including information contained in the Administration approved Flight Manual 

on board the aircraft. As no such manual currently exists, Aerial Check UAVs requests an exemption from 

this requirement. If the exemption is granted, the PIC will take all actions including review of the flight 

requirements, landing and takeoff distances, weather prior to the commencement of the flight. 

Minimum Safe Altitudes 14. C.F.R § 91.119 (c) establishes safe altitudes for operation of civil aircraft. As set 

forth herein, the UAS would never operate above 400AGL, except under very limited and restricted 

circumstances as referenced by the User Manual. Further, the low-altitude operations of an UAS will ensure 

separation between these small UAS operation and the operations of conventional aircraft that must 

company with Section 91.119. 

Altimeter Settings 14. C.F.R § 91.121- This regulation requires each person operating an aircraft to maintain 

a cruising altitude by reference to an altimeter that is "set to the elevation of the departure airport or an 

appropriate altimeter setting available before departure". As the UAS may have a barometric altimeter, this 

device is calibrated via onboard electronic calibration and cannot be set or reset by the PIC, an exemption is 

requested. An equivalent of safety will be achieved by the operation, pursuant to the Manual and Safety 

Check list, confirming the altitude of the launch site as shown on the qnscreen display altitude indicator 

before flight. 

Fuel Requirements 14 C.F.R.§ 91.151 (a}- outlines fuel requirements for beginning a flight in VFR conditions. 

The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 minute 

reserve requirement, UAS flights would be limited to approximately 5 minutes. Given the limitations on the 

UASs proposed flight area and the location of its proposed operations within a predetermined area, a longer 

time frame for flight in daylight or night VHR conditions is reasonable. 

Operating the small UAS, in a controlled area, where only people and property owners or official 

represent atives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that Section 91.151(a) was intended to alleviate give the size and speed of the 

small UAS. Additionally, limiting UASs flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. Aerial Check UAVs submits that safety will not be affected by terminating flights 

of t he battery powered 51000 and Phantom 2 UASs after 15 to 20 minutes of continuous flight, which allows 

for five minutes of battery power remaining. Standard flights operated by Aerial Check UAVs would last 

between 10 and 20 minutes. 

AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 77484 
Maintenance Required 14 C.F.R § 91.405 (a) 

Operation after Maintenance 14 C.F.R § 91.407 (a) (1) 

Inspections 14 C.F.R § 91.409 (a) (1) & (2) 

Maintenance Records 14 C.F.R. § 91.417 (a) & (b) 

Since Sections 91.405(a), 91.407(a)(l), 91.40(a) (1) & (2) and 1.417 (a) & (b) only apply to aircraft with an 

airworthiness certificate, we respectfully request exemption from these Sections because the S1000 and 

Phantom 2 do not require airworthiness certificates. 

Should the exemption be granted, Aerial Check UAVs will use approved operators to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, techniques, and practices as 

prescribed in the DJI users/maintenance manual. A maintenance manual for each UAS will record all 

maintenance performed on each UAS and a pre-flight check list will be following prior to the inception of 

each flight. 

14 C.F.R (c)- The extent of relief petitioner seeks, and the reasons petitioner seeks the relief: 

4 

Aerial Check UAVs seeks relief pursuant to this exemption from the identified sections ofthe Federal Aviation 

Regulations to the extent necessary to perform commercial flight operations within the national airspace. 

Aerial Check UAVs seeks authorization to conduct small UAS flight operations within the perimeters of this 

exemption request. 

14 C.F.R. Part 11.81(d}-The reasons why granting petitioners request would be in the public interest; that 

is, how it would benefit the public as a whole: 

Should Aerial Check UAV be granted an exemption, it would allow the company to safely and efficiently 

conduct UAS flight operations, commercially, to collect valuable information for our clients in the form of 

High-Definition Aerial Imaging while realizing the scales of economy. Using UASs as a means to capture aerial 

data will decrease congestion of the NAS, reduce pollution (no dependence on fossil fuels), thereby reducing 

the carbon footprint and reduce inherent risks associated with the operation of an aircraft carrying pilots and 

fuel. During and immediately following emergency situations (i.e., Natural disasters, fires, search and rescue) 

data can be fed to the client in real-time, thereby allowing them to provide information to the public in a 

timely manner. 

14 C.F.R Part 11.81 (e)- The reasons why granting the exemption would not adversely affect safety, or 

how the exemption would provide a level of safety at least equal to that provided by the rule from which 

petitioner seeks the exemption: 

Using UAS technology to collect photographic/videography data is beneficial to the public as a whole as it 

significantly risks to workers who must scale heights to collect information (risk of fall), it reduces risks to the 

public as a whole due to the reduction of helicopters and small aircraft as the UASs carry no combustible 

AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 77 484 
5 

materials on board. Battery Powered UASs serve as a safe, efficient and economical alternative to manned 

aircraft traditionally used for capturing aerial images. They provide high levels of safety to person and 

property since no pilot or crew need to be airborne. UASs provide greater operational flexibility and reduced 

costs. Better aerial imagery can be obtained by using UASs due to their small size, maneuverability and flight 

performance characteristics. Less time is needed in the air to obtain the footage, thereby reducing the 

number of aircraft in the NAS. Reduction of noise will benefit the public as well. Finally, the UAS industry is 

expected to grow to $11.5B by 2024 (military and civilian), which ultimately will contribute to the US 

economy by creating jobs and increasing consumer spending. 

The use of UASs can significantly reduce the risk to workers of falls while inspecting, surveying, or monitoring 

sites. UASs can inspect, photograph, and collect data on hard to access areas that otherwise would require 

worker inspection. Falls are a leading source of workplace fatality and injury on 

construction sites and reducing falls through UASs use for site imaging could save workers lives. 

Additionally, UASs could replace the use of helicopters and small aircraft to monitor sites. The UASs we 

propose to fly in this application are less than 25 pounds, and carry no combustible material on board, as 

opposed to the much larger conventionally powered small aircraft. Shifting to UASs from helicopters presents 

a marked safety increase for our workers and the public. Lastly, UASs reduce the environmental impact by 

dramatically decreasing the energy used for aerial imaging and data collection over a construction site. Our 

UASs use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft 

that are many hundreds of times heavier. 

The operating limitations proposed by Aerial Check UAVs provide for at least an equivalent or higher level of 

safety because the operations further enhance the safety of aerial digital imaging over using conventional 

aircraft. In addition to following all instructions as provided by the manufacturer, Aerial Check UAVs shall 

include the following conditions and limitations in all operations: 

1} Flights will be operated within line of sight of a pilot and/or observer. 

2) Flights will be terminated at 20% battery power reserve. 

3) Flights will be operated at an altitude of no more than 400ft AGI, and not more than 200 feet 

above an elevated platform. 

4} Flights will only be operated in reasonably safe environments that are strictly controlled, are away 

from airports, power lines, elevated lights, and/or actively populated areas. 

4) Minimum crews will consist of the UAS Pilot, the Visual Observer and the Camera Operator. 

5) A briefing will be conducted for planned UAS operations prior to each flight. 

6) Consent will be obtained from all persons involved in the operation and only authorized personnel 

will be allowed within 500 feet ofthe flight operation. 

7) Written permission will be obtained from the relevant property owners 

8) If the UAS loses communications or loses its GPS signal, the UAS will be placed in "Return to 

Home" mode and will return to its point of takeoff. 

9) The UAS flight will be aborted should circumstances arise that created a potential hazard to person 

or place. 

AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 77484 
Aircraft Description 

Aerial Check UAVs proposes the use of two UASs, the DJI S1000 and the DJI Phantom II. Aerial Check UAVs 

will choose which unit to use based on a review of the proposal of work, taking into consideration many 

factors including weather, wind, altitude necessary to complete the job and the complexity of the site 

location. 

6 

Important safety features of the DJI S1000 and the DJI Phantom II include Airport vicinity no-fly features, 

restricted altitude features, return home capability and GPS Navigation. With an on-board OSD (Onscreen 

Display Transmitting Device), the PIC has the ability to monitor altitude, distance, and battery level, as well as 

real time camera imagery. Although the units can be programe~ to fly at a maximum of 400 feet, typical 

applications require altitudes between 50 and 250 feet. 

Both the SJI S100 and the DJI Phantom II will operate with the DJI Ground Station Software. One of the 

unique functions ofthe DJI Ground Station software is that users will not be able to build waypoints or home 

points in designated restricted areas and any waypoint routines that attempt to go through these special 

areas will be rendered invalid. 

The DJI Ground Station enables 3-D Map Waypoints Editing, Flight Path Planning, Real-time Flight State 

Feedback and Auto Takeoff and Landing. This product is specially designed for the purpose of aircraft 

operation, flying in applications such as land surveillance, aerial photography, etc. Working with OJI flight 

control system, DJI Ground Station not only ensures stable performance and safety of the aircraft, easy 

operation for the pilot, but also allows the aircraft to fly along the flight path set before or modified during 

the flight mission in the Ground Station software autonomously. 

Although the UAS can be operated by one person, flight operations carried on by Aerial Check UAVs involve 

at least two people: a pilot-in-command ("PIC") and an observer. The PIC is responsible for flying the UAS, 

monitoring its status and flight dynamics whi le maintaining visual line of sight and keeping the flight within 

the manufacturer's specified limits in terms of wind, flight range, battery life, etc., for safe operation of the 

UAS. Observers will be responsible for monitoring the airspace for other aircraft and hazards, advising the 

operator before and during flight of all such observed risks, and monitoring the controlled operating area. 

AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 77 484 
Summary for Publication in the Federal Register 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is necessary. 

Aerial Check UAVs, operators of a DJI s1000 and DJI Phantom 2, both weighing less than 25 pounds, seeks an 

exemption for the following rules: 

14 C.F.R § 61.113 (a); 14 C.F.R § 91.7 (a); 14. C.F.R. §91.103 (b); 14. C.F.R § 91.119 (c); 14. C.F.R § 91.121; 

14 C.F.R.§ 91.151 (a); 14 C.F.R § 91.405 (a);14 C.F.R § 91.407 (a) (1); 14 C.F.R § 91.409 (a) (1) & (2); 

14 C.F.R. § 91.417 (a) & (b); 

Granting this exemption will allow for the commercial operation of small UASs for the purpose of conducting 

aerial inspections and surveys as well as post-disaster aerial support. Inspections would include property, 

land survey and other high structures that currently require fall protection gear ( i.e. Cellular/RF towers and 

roofs). Additionally, operations shall be conducted in areas of agriculture and search and rescues and will 

provide digital imaging services for the purpose of developing marketing, materials, so long as such 

operations will provide an equivalent level of safety and will be conducted within and under the conditions 

outlined in the exemption request, the supporting documents, or as may be established by the FAA as 

required by Section 333. 

The factors as directed by Congress to consider, in accordance with Section 333(b) of P.L. 112 95 states, in 

part: "In making the determination under subsection (a), the Secretary shall determine, at a minimum-- (1) 

which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational 

ca pability, proximity to airports and populated areas, and operation within visual line of sight do not create a 

hazard to users of the national airspace system or the public or pose a threat to national security are each 

supported in this request. UASs are small, and will operate at slow speeds in order to more safely and 

efficiently conduct inspections of all types that would otherwise involve a risk to inspectors. This increase in 

safety and decrease in human injuries weighs heavily in favor of granting the requested exemption. 

The requested exemption would permit the operation of small, unmanned UASs under controlled conditions 

that will not create a hazard to other users of the NAS or the public or pose a threat to national security. The 

controlled operations of small, low altitude UASs will provide safety enhancements to the existing methods 

of inspection and videography. 

AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 77484 

7 
8 

Conclusion 

As for the reasons set forth herein, Aerial Check UAVs seeks an exemption pursuant to 14 C.F.R. §11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit the safe operation 

of the DJI S1000 and DJI Phantom 2 UASs commercially, without an airworthiness certification, for the 

purposed of conducting aerial digital imaging and photography over certain areas of the United States. By 

granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing the UASs 

to be flown safely, efficiently, and economically within the NAS. 

Wherefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act 

of 2012, Section 333, Aerial Check UAVs respectfully requests that the Administrator grant this Petition for an 

Exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.(a), 91.121, 91.151(b), 91.405(a), 

91.407 (a) (1), 91409(a) (1) & (a)(2) and 91417 (a) & (b), and permit Aerial Check UAVs to operate the DJI 

S1000 and DJI Phantom 2 commercially for the purpose of conducting aerial digital imaging and photography 

over certain areas of the United States. 

Dated: April 14, 2015 

Respectfully submitted 

MA~ SThurman 

AERIAL CHECK UAVs P.O. Box 1813, WALLER, TEXAS 77 484