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June 30, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE. Washington, DC 20590

Luke D. Wylie

US Aerial Video Inc

185 Reibold Rd.

Renfrew, PA 16053

lukewylie@usaerialvideo.com

(724) 321-9828

RE: Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11 

Dear Sir or Madam: 

US Aerial Video Inc. (USAV) located at 185 Reibold Rd. Renfrew, PA 16053 and Pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012 ("FAA Reform Act") and 14 C.F.R. Part 11, 

respectfully requests exemptions from several provisions of the Federal Aviation Regulations ("FAR"), 

specifically Section 333 which authorizes the FAA to determine: 

1. If certain unmanned aircraft systems, if any, as a result of their size, weight, speed, operational 

capability, 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; 

and 

2. Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 

44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1). 

We request that USAV, an owner and operator of small unmanned aircraft, be exempted from the Federal 

Aviation Regulations ("FARs") listed below so that USAV, may operate its small unmanned aircraft 

systems ("UAS") commercially in airspace regulated by the Federal Aviation Administration 

USAV is owned and operated by Mr. Luke D. Wylie and he oversees all flight operations conducted at 

USAV. Mr. Wylie is an ATP rated commercial pilot with over 10,000 hours of flight time. Mr. Wylie also 

has been heavily involved in RC aircraft for over 20 years and multirotor systems for over 5 years. Mr. 

Wylie is currently enrolled in an FAA approved AQP airline training program. 

The substance of this request is essentially the same as that granted to CLOUD9DRONES Regulatory 

Docket No. FAA-2015-0591 and HAWAII COMMERCIAL DRONE OPERATONS LLP Regulatory 

Docket No FAA-2015-0846 in that USAV is engaged in aerial photography of structures and property

using similar lightweight, remote controlled UAS's. 

USAV requests the exemption to allow the operation of filming of towers and structures, real estate and 

construction sites below 400’ AGL.
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USAV’s exemption would permit its operation of lightweight, unmanned (remotely controlled in line of 

sight) UAS's in tightly controlled and limited airspace. Predetermined, specifically marked areas of 

operation, sectioned off locations will allow USAV to operate within current safety parameters and new 

ones being implemented. Similar lightweight, remote controlled UAS's are legally operated by amateurs 

with no flight experience, safety plan or controls in place to prevent mishaps.

USAV operates a fleet of multicopter platforms including the 3D Robotics X8+, 3D Robotics IRIS+, DJI 

Phantom 3 and DJI S1000+. All of these platforms are currently being operated under section 333 

exemptions. USAV is very familiar with the 3D Robotics and DJI platforms and operating systems.

USAV’s operation of its fleet of small unmanned aircraft will not create a hazard to users of the national 

airspace system or the public. Given the small size and weight of USAV UAS's, combined with their 

operation in cordoned off and well-controlled areas, USAV fleet falls within Congress's contemplated 

safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into 

the national airspace system. Indeed, USAV UAS's have a demonstrable safety record and do not pose 

any threat to the general public or national security.

Granting USAV an exemption substantially furthers the public's interest in ways known and currently 

unknown. USAV aims to provide services that will further many industries and help improve safety.

USAV provides a level of safety at least equal to existing rules, and will operate under the following 

conditions as set forth in previously issued exemptions:

1. Operations will be limited to the 3D Robotics X8+, 3D Robotics Iris+, DJI Phantom 3 and DJI S1000+

when weighing less than 55 pounds including payload. 

2. There will be no operations for the purpose of closed-set motion picture and television 

3. The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour) and no case will the 

UAS be operated at airspeeds greater than the maximum UAS operating airspeed recommended by the 

aircraft manufacturer. 

4. The UAS will not be operated at an altitude of more than 400 feet above ground level (AGL). 

5. The UAS will be operated within visual line of sight (VLOS) of the PIC at all times. 

6. All operations will utilize a visual observer (VO). The UAS will be operated within the visual line of 

sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as 

long as the PIC always maintains VLOS capability. The VO and PIC will be able to communicate 

verbally at all times. The PIC will be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform the duties required 

of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance 

with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the 

operating documents. The operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, the conditions and 

limitations herein take precedence and will be followed. Otherwise, the operator will follow the 

procedures as outlined in its operating documents. 
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8. We understand it is the operator’s responsibility to track revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The operator will also 

present updated and revised documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would affect the basis upon which the 

FAA granted this exemption, then the operator will petition for an amendment to its grant of exemption. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g., replacement of a flight critical component, will undergo a functional test flight prior 

to conducting further operations under this exemption. Functional test flights will only be conducted by a 

PIC with a VO and will remain at least 500 feet from other people. The functional test flight will be 

conducted in such a manner so as to not pose an undue hazard to persons and property. 

9. The operator will be responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation. 

10. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. The pre-flight inspection will account for all potential discrepancies, e.g., 

inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe 

operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. 

11. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, 

and life limit requirements for the aircraft and aircraft components. 

12. Each UAS operated under this exemption will comply with all manufacturer safety bulletins. 

13. Under this grant of exemption, a PIC will hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or 

a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a 

possession, or the Federal government. The PIC will also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

14. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. 

The PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 

61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and 

experience-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent 

with how the UAS will be operated under this exemption are permitted under the terms of this exemption. 

However, training operations will only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC will operate the UA with appropriate distance from nonparticipants in 

accordance with 14 CFR § 91.119. 

15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will 

be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules 

(SVFR) are not authorized. 
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16. The UAS will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the 

current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the 

airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement 

with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management will be made available to the Administrator 

or any law enforcement official upon request. 

17. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the UAS will return to a pre-determined 

location within the private or controlled-access property. 

19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough available power for the UAS to conduct the intended operation and to operate 

after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. 

21. All operations will be conducted in accordance with an ATO-issued COA. 

22. All aircraft operated in accordance with this exemption will be identified by serial number, registered 

in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 

CFR part 45, Subpart C. Markings will be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control 

Station of the UAS any time the aircraft is operating. These documents will be made available to the 

Administrator or any law enforcement official upon request. 

24. The UAS will remain clear and give way to all manned aviation operations and activities at all times. 

25. The UAS will not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UAS and/or debris in the event of an accident. The operator will 

ensure that nonparticipating persons remain under such protection. 

If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the 

UA, flight operations will cease immediately in a manner ensuring the safety of nonparticipating persons; 

and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating 

closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this 

exemption. 

27. All operations will be conducted over private or controlled-access property with permission from the 

property owner/controller or authorized representative. Permission from property owner/controller or 

authorized representative will be obtained for each flight to be conducted. 
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28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office 

(AFS−80) within 24 hours. Accidents will be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 

Regulations from which exemption is requested: 

14 CFR Part 21, 14 C.F.R. 45.23(b), 14 CFR 61.113 (a) & (b), 14 C.F.R. 91.7 (a), 14 CFR 91.9 (b) (2), 14 

C.F.R. 91.103, 14 C.F.R. 91.109, 14 C.F. R. 91.119, 14 C.F.R. 91.121, 14 CFR 91.151 (a), 14 CFR 

91.203 (a) & (b), 14 CFR 91.405 (a), 14 CFR 407 (a) (1), 14 CFR 409 (a) (2), 14 CFR 417 (a) & (b)

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

The UAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the 

Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and observer, pursuant to the Manual’s policies, and under and in 

compliance with local public safety requirements, to provide security for the area of operation as is now 

done with conventional infrastructure and construction inspections and business operations. The FAA will 

have advance notice of all operations. These safety enhancements, which already apply to civil aircraft 

operated in connection with infrastructure and construction inspections and business operations, provide a 

greater degree of safety to the public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, 

speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will have no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be placed. 

Given the size of the UAS, two-inch lettering will be impossible. The word “Experimental” will be placed 

on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the 

UAS as “Experimental.” 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 

USAV will require all operators to possess at least a recreational pilot’s license and possess at least a 3rd 

class medical. All operators at USAV are personally trained by Luke D. Wylie to a level proficient with a 

pilot that has years of experience operating under Part. 121 and Part 135 training programs. 
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14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

All USAV UAS will only be operated when in an airworthy condition. Given the size of the aircraft and 

the requirements contained in the Manual for maintenance and use of safety checklists prior to each flight, 

as set forth, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such 

an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point 

where the pilot flying the UAS will have immediate access to it. 

14 C.F.R. § 91.103: Preflight action 

The operator will take all actions including reviewing weather, flight battery requirements, landing and 

takeoff distances, and aircraft performance data before initiation of flight. 

14 C.F.R. §91.109: Flight instruction 

All flight instruction will be accomplished by the use of a dual control setup know as a “buddy box”. This 

allows a dual control setup similar to dual controls on a conventional training aircraft. The trainer can take 

over the controls at any time during a training event. The equivalent level of safety is provided by the fact 

that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

The UAS will never operate higher than 400 AGL. It will, however, be operated in a restricted area with a 

security perimeter, where buildings and people will not be exposed to operations without their preobtained consent. 

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and participants in the mission, all affected 

individuals will be aware of the planned flight operations. 

14 C.F.R. §91.121 Altimeter Settings 

USAV UAS’s do not have a conventional altimeters but a GPS altitude reporting system. An equivalent 

level of safety will be achieved by the operator, pursuant to the Manual and safety checklist, confirming 

the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

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

minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 20 

minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR 

conditions is reasonable. 
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USAV believes that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 25% 

of battery power whichever happens first. This restriction would be more than adequate to return the UAS 

to its planned landing zone from anywhere in its limited operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the 

UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to 

the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

Maintenance will be accomplished by USAV pursuant to the flight manual. An equivalent level of safety 

will be achieved because these small UAS’s are very limited in size and will carry a small payload and 

operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. 

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 needed: 

USAV seeks an exemption from the following regulations:

14 CFR Part 21, 14 C.F.R. 45.23(b), 14 CFR 61.113 (a) & (b), 14 C.F.R. 91.7 (a), 14 CFR 91.9 (b) (2), 14 

C.F.R. 91.103, 14 C.F.R. 91.109, 14 C.F. R. 91.119, 14 C.F.R. 91.121, 14 CFR 91.151 (a), 14 CFR 

91.203 (a) & (b), 14 CFR 91.405 (a), 14 CFR 407 (a) (1), 14 CFR 409 (a) (2), 14 CFR 417 (a) & (b)

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, 

including exempting USAV from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a 

result, are very safe to operate. 

Respectfully submitted,

Luke D. Wylie

US Aerial Video Inc.

185 Reibold Rd.

Renfrew, PA 16053

lukewylie@usaerialvideo.com

Attachments note: For the sake of brevity I have withheld the consumer user manual PDFs for the above 

mentioned multicopters as I am sure you have many copies and attachments of said manuals. 
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