Intuitive Aerial Inc.’s Petition for Exemption

For Purposes of Operating Small Unmanned Aircraft System

FAA Rules Docket: ____________

Name and Address of Petitioner

Intuitive Aerial, Inc.

20058 Ventura Blvd. #255

Woodland Hills, CA 91364

Counsel for Petitioner

Thomas Gemmell

HUSCH BLACKWELL LLP

120 South Riverside Plaza, Suite 2200

Chicago, IL 60606-3912 

(312) 526-1523

tom.gemmell@huschblackwell.com

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A. Summary

Intuitive Aerial, Inc. (hereinafter referred to as “Intuitive Aerial”) seeks exemption from 

the requirements of 14 C.F.R. §§ 45.27(a), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and 

(b), 61.315(a), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b). This exemption will permit Intuitive Aerial to 

operate an unmanned aircraft system (“UAS”) below 400’ above ground level from a ground 

control station by a pilot in command having at least a sport pilot certificate and a valid U.S. 

driver’s license. Furthermore, the exemption will relieve Intuitive Aerial from the requirement to 

have a certificate of airworthiness issued for its UAS. This exemption will also permit Intuitive 

Aerial to operate the UAS with at least a five-minute power reserve and to display any required 

markings as large as practicable on the aircraft’s surface.

B. Introduction

Intuitive Aerial and its parent company, Intuitive Aerial AB, have many years’ of 

experience manufacturing unmanned aircraft used in the motion picture industry and safely 

operating manned and unmanned aircraft in the motion picture industry. Intuitive Aerial desires 

to take this extensive experience and demonstrate Intuitive Aerial’ s Aerigon IAH3 small UAS

(hereinafter referred to as the “Aerigon IAH3”) flight and filming capabilities for use in the 

motion picture industry in the United States. 

Pursuant to 14 C.F.R. § 11.81 (Petition for Exemptions.), Intuitive Aerial provides the

following information in support of its petition:

C. Background

Intuitive Aerial seeks an exemption to operate an Aerigon IAH3 for compensation or hire

within the national airspace system (“NAS”).

1 The Aerigon IAH3 is comprised of a six-arm 

1 Intuitive Aerial will submit an Aircraft Registration Application upon the grant of the 

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dodecacopter unmanned aircraft (the “UA”) and a transportable ground control station/unit (the 

“GCS”). The Aerigon IAH3 has a maximum gross weight of approximately 29 pounds, while

having a diameter of approximately 60 inches. The Aerigon IAH3 unmanned aircraft is equipped

with twelve contra-rotating rotors driven by twelve counter-rotating brushless electric motors 

powered by three rechargeable lithium-ion polymer batteries.

The Aerigon IAH3

D. Basis for Petition

Intuitive Aerial, by and through undersigned counsel, pursuant to Federal Aviation

Regulations (FAR) (14 C.F.R. § 11.61)

2 and the FAA Modernization and Reform Act of 2012

(“FMRA”), Section 333, Special Rules for Certain Unmanned Aircraft Systems (“Section 333”), 

hereby respectfully petitions the Administrator for an exemption from the requirements of 14 

exemptions sought by this petition.

2 14 C.F.R. § 11.61(b) (“Using a petition for exemption, you may ask FAA to grant you relief 

from current regulations in 14 C.F.R.”)

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C.F.R. §§, 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151 (b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 333 

Congress identifies Section 333 as a pathway for “expedited operational authorization” of 

certain UAS in the NAS. Section 332(b)(1) (“expedited operational authorization.”).

3

 Under 

Section 333 Congress mandates that the FAA “shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before completion of the plan and 

rulemaking required by section 332 of this Act or the guidance required by section 334 of this 

Act” (Section 333(a)) upon consideration of its “size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight.” Section 

333(b)(1). If the FAA makes such a determination, the FAA “shall [also] establish requirements 

for the safe operation.” Section 333(c). The FAA further may find that the UAS does not require 

“airworthiness certification under section 44704 of title 49, United States Code.” Section 

333(b)(2).

2. 49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and 

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds 

the exemption is in the public interest.” Section 44701(f) (authorizing the grant of 

exemptions from safety regulations and minimum standards under section 44701(a) and (b) and 

sections 44702-44716).4

3 See also www.faa.gov/uas/legislative_programs/section_333/ (noting that Section 333 grants 

the FAA “the statutory flexibility to expedite requirements for the safe operation of certain 

aircraft systems in the NAS.”).

4 See e.g. 49 USC §44711(a) ((1) prohibiting operations without airworthiness certificate; (2) 

prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations 

in violation of regulations); 49 USC §44704 (issuance of airworthiness certificate); 14 C.F.R.

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For the reasons addressed herein, this Petition qualifies for expedited approval of 

Intuitive Aerial’s request for exemption under both Sections 333 and 44701.

E. Aerigon IAH3 UAS Meets the Statutory Criteria for Exemption Under Section 333

Given its small size, light weight, slow speed, limited load capacity, superior 

operational capabilities, and that the operations will be conducted only during the day, under 

visual meteorological conditions (“VMC”), within visual line of sight (“VLOS”) of the Pilot In 

Command (“PIC”) with the assistance of a visual safety observer (“VO”) and not in the proximity 

of airports or populated centers, the Aerigon IAH3 is the very sort of UAS that qualifies for 

expedited approval under Section 333.

1. Section 333(b)(1) Criteria

a. Size

The Aerigon IAH3 has an overall airframe diameter of 59.5 inches.

b. Weight

The Aerigon IAH3 has a maximum gross weight of 28.6 lbs.

c. Speed

The Aerigon IAH3 has a maximum speed of 14m/s (27 knots). 

d. Operational Capability

The Aerigon IAH3 was specially designed for professional photography and 

videography. Supported by rechargeable lithium-ion polymer batteries, the Aerigon IAH3 has a 

maximum flight time of 15 minutes (*depending upon atmospheric conditions and payload) and 

can carry a variety of cameras or sensors. Other Operational metrics of the Aerigon IAH3 are 

as follows:

§91.203 (a)(1) (carry airworthiness certificate)).

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Unmanned Aircraft System The Aerigon IAH3 is a UAS that is comprised of an unmanned

aircraft and a transportable ground control station.

UA Dimensions Airframe Diameter: 1510 mm (59.5 inches) 

Weight Empty: 5.5kg (11lbs.) 

With Battery: 11kg (24lbs.) 

Engine (Propulsive Unit) Electric-powered

Twelve (12) counter-rotating brushless motors

Internal Temperature Range: –5°C/23°F to 40°C/104°F.

Custom ESC thermal cooling system: Motor temperature 

continuously monitored via telemetry

Propeller/Propeller Limits FAA Propeller Type Certificate: None

Propeller Type: twelve (12) counter rotating-blade, non-hinged,

reinforced plastic-ABS and Glass, fixed pitch, tractor

Battery 3x Lithium-Ion Polymer 22.2 V (nominal) 10000 mAh 

rechargeable batteries

Battery life: Approx. 7-15 minutes, depending on payload

Battery charge time: Approx. 1 hour

Control Flight Controller: DJI A2

2.4 GHz frequency-hopping spread spectrum signal

Pilot Communications: 

 Transmit -Futaba T14SG (2.4 GHz)

 Receive –Dual Futaba R7008SB 2 FASST

Power Distribution: Triple-redundant power distribution system

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Performance Airspeed

 Maximum: 14m/s (27 knots)

 Vertical: 6m/s (12 knots)

Altitude

 Maximum: 2000m (6500ft)

Roll/Pitch Angle

 Maximum: 35o

Hover Accuracy

 Vertical: 0.5 m (20 inches)

 Horizontal: 2m (79 inches)

Endurance: 15 minutes above 32°F (0°C)

Wind Limitation: 8m/s (15.5 knots)

Max. Payload: 13.4kg (28.6lbs.)

Max. Takeoff Weight: 23kg (50lbs.)

Computer Software Custom-developed IA stabilization hardware and software.

Shielding All cabling and electronics mounted inside of carbon fiber 

exoskeleton.

Camera/Capacity Cinema-grade

Power and signal for HD and CVBS broadcast links

Dual 14-16V power outputs for camera and equipment

e. Proximity to Airports

Flight operations will be tightly controlled and will not occur 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 

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letter of agreement with the airport management will be made available to the Administrator or 

any law enforcement official upon request.

f. Visual Line-of-Sight

The Aerigon IAH3 will at all times be flown in the daytime (not at night) under VMC 

within VLOS of the PIC (typically within a range less than 500 feet) with the further assistance 

of a VO with whom the PIC will have the ability for direct and continuous verbal 

communications

5 so as to ensure that the flight operations remain within the PIC’s VLOS and 

prescribed flight boundaries and deconflict with objects in the air and on the ground. Thus, 

pursuant to the FAA’s Interim Operational Approval Guidelines for UAS the proposed 

operations provide an approved method of control and collision avoidance to satisfy the “see and 

avoid” requirement of 14 C.F.R. § 91.113:

While considerable work is ongoing to develop a certifiable “detect, sense, and avoid”

system, no current solution exists. Compliance with the “see and avoid” aspect of 14 

C.F.R. 91.113, Right-of-Way Rules: Except Water Operations, becomes one of the 

primary issues in UAS operational approvals. As a result, alternate methods of 

compliance are required to accomplish the “see and avoid” function. See and avoid risk 

mitigation strategies are normally based on the use of visual observers or other methods 

of segregation.

Interim Operational Approval Guidance 08-01, Unmanned Aircraft Systems Operations in the 

U.S. National Airspace System (March 13, 2008) at 8. Only qualified and current PIC’s and

VOs, as provided in the FOD (as defined below), will be used.

2. Other Factors

a. Aerigon IAH3 Safety Systems 

The Aerigon IAH3 is replete with mechanisms to ensure safe operations and protect 

persons and property on the ground. In addition to having experienced operator/PIC and VO, the 

Aerigon IAH3 has a variety of inherent safety systems, including:

5 VO will at all times be in proximity of PIC so as to allow direct verbal communications. 

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• Redundancy: The Aerigon IAH3 is built on robustness and redundancy To 

endure safe operations. The Aerigon IAH3 has twelve (12) motors and is 

able to handle two (2) simultaneous motor failures without any reduction 

in operational control. The Aerigon IAH3 also has a coaxial motor 

configuration with redundant signals, speed controllers, and power supply. The 

Aerigon IAH3 further has a triple redundant power distribution system.

• Ground Control Station Warnings: The Aerigon IAH3 has many visual 

and auditory operator cues for error conditions such as low battery, 

erroneous system parameters, and many other real time conditions. The 

Aerigon IAH3 GCS provides, among others, voltage feedback with 

vibrational and auditory low voltage warning for the pilot/operator. The 

system also has a battery warning system for connection malfunctions and 

monitor’s motor temperature and provides warning on each arm (critical motor).

• Flight Plan Boundary and Altitude Settings: The Aerigon IAH3 has the 

ability for the operator to set user definable boundaries for maximum 

and minimum flight altitudes and horizontal distance for a specific flight 

‘corridor’ for safe operations. 

• Flight Logic: The Aerigon IAH3 has safety return-to-home logic, which 

executes return-to-home and land, including upon: exceeding a pre-set 

flight parameter; loss of GPS; loss of communications; violation of max 

or min altitude or horizontal boundary; and low voltage. 

b. Flight Operations Documents

To ensure consistent safety operations, Intuitive Aerial has developed a comprehensive and

detailed set of flight operations documents (FOD) for the Aerigon IAH3 UAS based on Intuitive

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Aerial’s extensive use and experience, procedures and notices provided by the UAS manufacturer, 

and guidance the FAA has provided to obtain exemption under Section 333. The FOD is 

comprised of the Intuitive Aerial’s Operations Manual, the Aerigon IAH3 Helicopter User 

Manual and Aerigon IAH3 Helicopter Technical Manual. See Exhibit A (submitted on a 

confidential basis).6

In seeking this exemption, Intuitive Aerial proposes to operate the Aerigon IAH3 pursuant

to the following specific operating limitations, as also addressed in the FOD:

1. The UA will not be flown at an indicated airspeed exceeding 87 knots. In no case will 

the UA be operated at airspeeds greater than the maximum UA operating airspeed 

recommended by the aircraft manufacturer. 

2. The UA will only be operated below 400 feet above ground level (AGL). Altitude will be 

reported in feet AGL.

3. The UA will be operated within visual line of sight (VLOS) of the pilot in command (PIC)

at all times (unaided by a device other than corrective lenses).

4. All operations will use a visual observer (VO). The UA will be operated within the 

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 (electronic messaging or texting will not be 

used during flight operations). The PIC will be designated before the flight and will not 

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.

5. Any time the UA is operating, documents used by the operator to ensure the safe 

6 In the event of any conflict between the FOD and the FAA’s Grant of Exemption pursuant to 

this Petition, the Exemption will control.

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operation and flight of the UAS and any documents required under 14 C.F.R. § 91.9 and 

§ 91.203 will be available to the PIC at the ground control station (GCS). Such 

documents will be made available to the Administrator or any law enforcement official 

upon request. 

6. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in 

a condition for safe flight. 

7. 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 UA will not be operated until 

the necessary maintenance has been performed and the UAS is found to be in a condition 

for safe flight. 

8. Any UAS that has undergone maintenance or alternations that affect its operation or 

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

functional test flight prior to conducting further operations. Functional test flights will 

only be conducted by a PIC with a VO and must 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 or property. 

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

inspection, and life limit requirements for the UA and its components.

10. The UAS will comply with all manufacturer safety bulletins.

11. The UAS shall be maintained in accordance with the FOD, including any amendments or 

updates thereto. All amendments or updates shall be tracked and a record of such 

amendments or updates shall be maintained and made available to the Administrator 

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upon request.

12. Record of the UAS maintenance, preventive maintenance, alternations, status of 

replacement/overhaul component parts, and the total time in service of the UAS shall be 

documented and maintained in accordance with the FOD.

13. The UA will not be operated 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 FAApublished 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.

14. The UA 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.

15. The PIC is required to abort the flight in the event of unprecedented obstacles or 

emergencies.

16. The PIC will not begin a flight unless (considering wind and forecast weather conditions) 

there is enough available power for the UA to conduct the intended operation and to 

operate after that for at least five (5) minutes or with the reserve power recommended by 

the manufacturer if greater.

17. All operations will be conducted in accordance with an ATO-issued Certificate of Waiver 

or Authorization (COA). Operator shall follow the conditions and limitations for the 

FAA’s “blanket” Certificate of Waiver or Authorization (COA) for flights at or below 

200 feet AGL. https://www.faa.gov/news/updates/?newsId=82245. For operations 

outside the blanket parameters, operator will obtain a separate COA specific to the 

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proposed operation. 

18. The UA will be marked with an identification (N-Number) in accordance with 14 C.F.R.

§ 45.23, such markings to be as large as practicable pursuant to 14 C.F.R. § 45.29(f), and 

identified by a serial number registered in accordance with 14 C.F.R. Part 47.

19. The UA will at all times remain clear and yield the right of way to all other manned 

operations and activities.

20. The UAS shall not be operated by the PIC from any moving vehicle or device.

21. Upon loss of communication or GPS signal, the UA will return to a pre-determined 

location with the private or controlled-access property. 

22. All flight operations will be conducted at least 500 feet from all nonparticipating person, 

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA 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 be immediately terminated in a manner 

ensuring the safety of nonparticipating person; 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 person are not considered nonparticipating 

persons.

23. All operations will be conducted over private or controlled-access property with 

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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.

24. UAS operations will not be conducted at 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) will not be performed.

25. The PIC will possess either an airline transport, commercial, private, recreational, or 

sport pilot certificate. The PIC will also hold a current FAA airman 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.

26. 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 

the requested exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles, and structures. 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 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.

27. 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 

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the FAA’s UAS Integration Office within 24 hours. Accidents will also be reported to 

the National Transportation Safety Board (NTSB). Further flight operations shall not be 

conducted until the incident, accident or transgression is reviewed by UAS Integration 

Office and authorization to resume operations is provided.

28. The UAS shall be operated pursuant to the FOD, such materials to be accessible during 

UAS operations and made available to the Administrator upon request. If a discrepancy 

exists between the FOD and the conditions and limitations directed by the Administrator 

in granting the exemption, the conditions and limitation in the exemption take precedence 

and will be followed.

29. For closed-set motion picture and television filming and production operations, the 

operator will adhere to following additional conditions and limitations:

a. The operator will have and operations will be conducted in accordance with a 

motion picture and television operations manual (MPTOM). See Exhibit B 

(submitted on a confidential basis).

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b. At least three (3) days before aerial filming, the operator will submit a written 

Plan of Activities to the local Flight Standards District Office (FSDO) with 

jurisdiction over the area of proposed filming. The 3-day notification may be 

waived with concurrence of the FSDO. The plan of activities will included at 

least the following:

i. Dates and times of all flights;

ii. Name and phone number of the operator for the UAS aerial filming; 

iii. Name and phone number of the person responsible for the on-scene 

7 In the event of any conflict between the MPTOM and the FAA’s Grant of Exemption pursuant 

to this Petition, the Exemption will control.

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operation of the UAS; 

iv. Make, model, and serial number or N-number of the UAS to be used;

v. Name and certificate number of the UAS PICs involved in the aerial 

filming;

vi. A statement that the operator has obtained permission from property 

owners and/or local officials to conduct the filming production event; the 

list of those who gave permission will be made available to the inspector 

upon request;

vii. Signature of operator or its representative;

viii. A description of the flight activity, including maps or diagrams of any 

area, city, town, county, and/or state over which filming will be conducted 

and the altitudes essential to accomplish the operation.

c. Flight operations may be conducted closer than 500 feet from participating person 

consenting to be involved and necessary for the filming production, as specified 

in the exemption holder’s MPTOM.

c. Privacy 

Intuitive Aerial will comply with all federal, state, and/or local privacy regulations that 

may apply in the areas in which Intuitive Aerial will operate the Aerigon IAH3 pursuant to this 

Petition. 

d. Physical Security

In order to ensure its safe and proper use, Intuitive Aerial will be the only operator of the 

UAS and the UAS will at all times remain in Intuitive Aerial’s custody.

3. Intuitive Aerial’s History of Safe Operations Flying the Aerigon IAH3

Intuitive Aerial’s European affiliates have an extensive safety record operating the 

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Aerigon IAH3 in the same environments and conditions for which it seeks exemption through 

this Petition. Intuitive Aerial’s European affiliates flying the Aerigon IAH3 commercially 

have logged hundreds of flight hours without incident. There have been no injuries or 

damage to persons or property on the ground and no collisions with other aircraft or objects 

in the air.

4. Lack of Threat to the NAS, Public, or National Security 

Those reasons addressed, including meeting Section 333(b)(1) criteria, Intuitive Aerial’s

established record of safety, operations pursuant to the FOD, and the other factors discussed, 

demonstrate that the Aerigon IAH3 will be operated safely in the NAS without creating a hazard

to other aircraft or persons or property on the ground or pose a threat to national security. 

For all of these reasons, Intuitive Aerial’s proposed operations using the Aerigon IAH3

qualify for expedited approval of the sought exemption pursuant to Section 333 for the specified 

uses and under the proposed operating requirements and restrictions.

F. Intuitive Aerial’s Operations Pursuant to This Petition Qualify for Exemption 

Under Section 44701. 

Granting Intuitive Aerial’s request for exemption would benefit the public and have no 

adverse effect on safety. Accordingly, Intuitive Aerial’s operations pursuant to this Petition 

also qualify for an exemption from the FAA’s related safety regulations under Section 44701.

1. Public Interest Benefits

The public would greatly benefit from granting Intuitive Aerial’s petition for exemption 

so it can use the Aerigon IAH3. The Aerigon IAH3 is a battery powered UAS that serves as a

safe, efficient, and economical alternative to manned aircraft traditionally use for aerial

photography in the motion picture industry. No pilot or crew need be airborne, thereby providing 

for superior safety to persons and property in the air and on the ground than that provided by 

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manned aircraft performing the same operations. Granting the exemption would also reduce the

number of manned aircraft in the NAS and, as a result, reduce the environmental impact of such 

operations, as well as provide for better aerial imaging and production and, as a result, a more 

robust economy. Using the Aerigon IAH3 also provides the benefit of greater operational

flexibility and reduced cost when compared to manned aircraft.

(a) Increased Aircrew Safety and Reduced Risk to Persons/Property On Ground

Because the Aerigon IAH3 is unmanned, the proposed operations eliminate the risk to pilot 

and crew associated with flying missions at low altitude, in confined airspace. Further, given its 

small size and weight and low airspeed, using the Aerigon IAH3 also reduces the risk of damage or 

injury to persons or property on the ground, and in the air, were there to be a mishap. 

(b) Reduced Environmental Impact

Using the Aerigon IAH3 UAS instead of manned aircraft also benefits the public by 

eliminating or greatly reducing air and noise pollution associated with traditional aerial video 

photography operations. Because it is battery powered (using rechargeable batteries) and uses

electric motors, the Aerigon IAH3 consumes no fuel and generates no air pollution, and creates 

very little noise. As a result, the public is benefited as a result of reduced environmental impact, 

reduced operator and other human exposure, and greater fuel conservation, which serves

additionally to support our government’s specific efforts to reduce the U.S.’s carbon footprint.8

(c) Fewer Manned Aircraft In NAS and Reduced Need for ATC Handling

The Aerigon IAH3 also does not require a runway or helipad to takeoff or land and will 

not be operated within the proximity of any airports. As such, fewer aircraft will need to be

handled by air traffic control during ground, takeoff, departure, arrival, and landing phases. 

8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental

Protection Agency’s regulatory efforts to phase out the use of fossil fuels. 

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Operations pursuant to this Petition (unmanned, VLOS, below 400’ AGL, and not within 

proximity of airports) will further reduce the number of manned aircraft flying or transiting at or 

above 500’ AGL to and from the areas of operations as well as congestion around airports due to 

aircraft arrival and departure.

(d) Superior Aerial Imagery and Increased Benefit to U.S. Economy

Better aerial footage can also be obtained using the small and nimble Aerigon IAH3 than can

be obtained using manned aircraft or other ground-based methods. Due to its small size and superior 

flight performance characteristics, the Aerigon IAH3 allows for images to be taken from certain 

locations and angles and with better precision than using manned aircraft. As a result, less time is 

needed in the air to obtain the desired footage, which in addition to providing the benefit of fewer 

aircraft in the NAS and associated reduced risk to objects and persons and property in the air and on 

the ground, reduced noise, etc., allows for the production of motion pictures, which benefits

consumers. This additionally ensures that companies such as Intuitive Aerial and its customers 

remain competitive and profitable, thereby providing their employees greater job stability, which 

ultimately contributes further to the U.S. economy through increased consumer spending. 

(e) Increased Operational Flexibility and Reduced Cost

Using the Aerigon IAH3 also provides the benefit of greater operational flexibility and 

reduced cost when compared to manned aircraft. Instead of each time having to hire a manned 

aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Intuitive

Aerial an operate the Aerigon IAH3, which it has purchased and outfitted at lower combined cost, 

innumerable times and at the convenience of Intuitive Aerial’s and its customers schedules.

2. No Adverse Safety Effects

Granting Intuitive Aerial’s Petition will also not adversely affect aviation safety or pose 

any undue risks to the public. The operations pursuant to this Petition will be in accordance with 

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Intuitive Aerial’s FOD, MPTOM, and in compliance with all applicable public safety

requirements. Accordingly, and as detailed herein, granting the requested exemption would not 

adversely affect safety. Indeed, as detailed below, operations pursuant to the limitations and 

guidelines addressed herein and in the FOD will provide an equivalent or even higher level of to

those regulations from which Intuitive Aerial seeks exemption. 

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein. See e.g. Exemption Nos. 11062, 11109, 11112, 11213.

For all of these reasons, Intuitive Aerial’s operations pursuant to this Petition also qualify 

for an exemption under Section 44701.

G. Exemptions Sought By Intuitive Aerial And Reasons For The Requested Relief

Pursuant to Section 333, Intuitive Aerial seeks an exemption from the requirements of 14 

C.F.R. §§ 45.27(a), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a) 91.7(a), 

91.105, 91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 91.407(a)(1) and (2), 91.409(a)(1) and 

(2), 91.417(a) and (b).

1. Section 45.27(a). Location of marks; nonfixed-wing aircraft.

Section 45.27, entitled Location of marks; nonfixed-wing aircraft, subsection (a) states 

(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

To the extent subsection 45.27(a) may be deemed to apply to the Aerigon IAH3, Intuitive

Aerial seeks an exemption from the subsection (i.e., that the marks be displayed on both surfaces 

of the cabin, fuselage, boom, or tail) because the Aerigon IAH3 is of insufficient size to 

accommodate any such marking. Thus marking the Aerigon IAH3 as required by this subsection 

would not be possible.

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An equivalent level of safety can be provided instead by marking the Aerigon IAH3, as 

may be applicable, with lettering as large as practicable (14 C.F.R. § 45.29(f)) on its largest 

available surface so as to permit such marking to be displayed to pilot, crew, and others both 

when the Aerigon IAH3 UA is in the air and on the ground. 

2. Section 61.23 (a) and (c). Medical Certificates: Requirements and duration.

Intuitive Aerial seeks and exemption from 14. C.F.R. 61. 23 (a) and (c). Section 61.23 

entitled Medical certificates: Requirements and duration, subsections (a) and (c) state:

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and 

(c) of this section, a person—

(1) Must hold a first-class medical certificate:

(i) When exercising the pilot-in-command privileges of an airline transport pilot 

certificate;

(ii) When exercising the second-in-command privileges of an airline transport pilot 

certificate in a flag or supplemental operation in part 121 of this chapter that requires three or 

more pilots; or

(iii) When serving as a required pilot flightcrew member in an operation conducted under 

part 121 of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

(i) Second-in-command privileges of an airline transport pilot certificate in part 121 of 

this chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or

(ii) Privileges of a commercial pilot certificate; or

(3) Must hold at least a third-class medical certificate—

(i) When exercising the privileges of a private pilot certificate; 

(ii) When exercising the privileges of a recreational pilot certificate; 

(iii) When exercising the privileges of a student pilot certificate;

(iv) When exercising the privileges of a flight instructor certificate and acting as the pilot 

in command;

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(v) When exercising the privileges of a flight instructor certificate and serving as a 

required pilot flight crewmember;

(vi) When taking a practical test in an aircraft for a recreational pilot, private pilot, 

commercial pilot, or airline transport pilot certificate, or for a flight instructor certificate; or

(vii) When performing the duties as an Examiner in an aircraft when administering a 

practical test or proficiency check for an airman certificate, rating, or authorization. . . .

(c) Operations requiring either a medical certificate or U.S. driver's license. (1) A person 

must hold and possess either a medical certificate issued under part 67 of this chapter or a U.S. 

driver's license when—

(i) Exercising the privileges of a student pilot certificate while seeking sport pilot 

privileges in a light-sport aircraft other than a glider or balloon;

(ii) Exercising the privileges of a sport pilot certificate in a light-sport aircraft other than 

a glider or balloon;

(iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating 

while acting as pilot in command or serving as a required flight crewmember of a light-sport 

aircraft other than a glider or balloon; or

(iv) Serving as an Examiner and administering a practical test for the issuance of a sport 

pilot certificate in a light-sport aircraft other than a glider or balloon.

(2) A person using a U.S. driver's license to meet the requirements of this paragraph 

must—

(i) Comply with each restriction and limitation imposed by that person's U.S. driver's 

license and any judicial or administrative order applying to the operation of a motor vehicle;

(ii) Have been found eligible for the issuance of at least a third-class airman medical 

certificate at the time of his or her most recent application (if the person has applied for a 

medical certificate);

(iii) Not have had his or her most recently issued medical certificate (if the person has 

held a medical certificate) suspended or revoked or most recent Authorization for a Special 

Issuance of a Medical Certificate withdrawn; and

(iv) Not know or have reason to know of any medical condition that would make that 

person unable to operate a light-sport aircraft in a safe manner.

In general, subsection 61.113(a) and (c) require that holders of certain classes of pilot’s 

licenses hold medical certificates in order to operate certain aircraft. Intuitive Aerial seeks an 

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exemption from these subsections to allow its PICs to only hold a U.S. issued driver’s license. 

In exemption no. 11213, the FAA previously found that because of the risk mitigations 

established in the conditions and limitations of that exemption (which are substantially similar to 

the conditions and limitations set forth above), a person that holds a U.S. issued driver’s license 

who is operating a UAS will not adversely affect safety.

3. Section 61.101 (e)(4) and (5) Recreational pilot privileges and limitations.

Intuitive Aerial seeks and exemption from 14 C.F.R. 61.101 (e)(4) and (5). Section 

61.101, entitled Recreational pilot privileges and limitations, subsections (e)(4) and (5) state:

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may 

not act as pilot in command of an aircraft—

(4) For compensation or hire; 

(5) In furtherance of a business;

In general, subsections 61.101 (e)(4) and (5) prohibit a recreational pilot from conducting 

commercial operations. Intuitive Aerial seeks exemption from the subsections because the UAS

will not carry a pilot, passengers or property (other than a camera). In exemption no. 11213, the 

FAA previously found that holders of recreational pilot certificates may serve as PIC for UAS 

operations as they have demonstrated aeronautical knowledge relevant to UAS operations, are 

subject to Department of Homeland Security screening, and risk is also mitigated through 

conditions and limitations regarding PIC training.

4. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in 

command.

Intuitive Aerial seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, 

entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) state 

(emphasis added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds 

a private pilot certificate may act as pilot in command of an aircraft that is carrying 

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passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command 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 or hire.

In general, subsections 61.113 (a) and (b) prohibit a private pilot from conducting 

commercial operations. Intuitive Aerial seeks exemption from the subsections because the UAS

will not carry a pilot, passengers or property (other than a camera). As addressed, the Aerigon 

IAH3 is a very light, remotely controlled UAS with no persons or property on board. The area 

of operations is generally remote or sparsely populated. Each flight is planned and fully 

coordinated in advance in accordance with those procedures provided in the FOD. Thus the risk

associated with the proposed operations is so diminished from that associated with commercial 

operations contemplated by Part 61, that allowing a PIC having a private pilot certificate, rather 

than a commercial certificate, the minimum flight hour and qualification criteria, and operating 

according to the limitations and guidelines provided herein, provides a level of safety that 

exceeds that provided by a pilot having a commercial certificate operating a conventional aircraft 

as required under the regulations. Further, the FAA now allows for commercial UAS operations 

under the sought exemption by those who hold a sport or recreational airman certificate. See 

https://www.faa.gov/news/updates/?newsId=82485. As addressed herein, the PIC pursuant to 

this Petition will possess at least a sport pilot certificate. The PIC will also hold a current FAA 

airman 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.

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The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein. See e.g. Exemption Nos. 11062, 11109, 11112, 11213.

5. Section 61.315(a) What are the privileges and limitations of my sport pilot 

certificate?

Intuitive Aerial seeks and exemption from 14 C.F.R. 61.315(a). Section 61.315, entitled 

What are the privileges and limits of my sport pilot certificate, subsections (a) states:

(a) If you hold a sport pilot certificate you may act as pilot in command of a light-sport 

aircraft, except as specified in paragraph (c) of this section.

In general, subsection 61.315(a) prohibits a sport pilot from being a PIC of anything other 

than a light-sport aircraft. Intuitive Aerial seeks exemption from the subsections because the 

UAS will not carry a pilot, passengers or property (other than a camera). In exemption no. 

11213, the FAA previously found that holders of sport pilot certificates may serve as PIC for 

UAS operations as they have demonstrated aeronautical knowledge relevant to UAS operations, 

are subject to Department of Homeland Security screening, and risk is also mitigated through 

conditions and limitations regarding PIC training.

3. Section 91.7(a). Civil Aircraft Airworthiness.

Either finding that Intuitive Aerial meets the Section 333 criteria or exemption from the 

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) 

inapplicable. 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a) states (emphasis added):

“No person may operate a civil aircraft unless it is in an airworthy condition.” There is no FAA 

standard by which such a determination of airworthiness can be made. Nonetheless, given the

limitations and procedures, as contained herein, and in the FOD, for maintaining the aircraft and 

checking it before each flight to ensure that it is in peak operational condition, an equivalent 

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level of safety will be provided.

4. Section 91.105. Flight crewmembers at stations.

Intuitive Aerial seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight 

crewmembers at stations, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight crewmember 

shall—

(1) Be at the crewmember station unless the absence is necessary to perform duties in 

connection with the operation of the aircraft or in connection with physiological needs; 

and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, during 

takeoff and landing, keep his or her shoulder harness fastened while at his or her 

assigned duty station. This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder harness; or

(2) The crewmember would be unable to perform required duties with the shoulder 

harness fastened.

In general, Section 91.105 requires pilot and crew to be at their duty stations and 

harnessed during flight. Intuitive Aerial seeks exemption from the Section 91.105 because the 

Aerigon IAH3 is by definition an unmanned aircraft, having neither pilot nor crew so as to be 

stationed or harnessed as required by the regulation. An equivalent or even higher level of safety

can be provided instead by using an unmanned aircraft controlled by a PIC who at all times is 

located at and controls the UAS from the GCS. 

5. Section 91.119(c). Minimum safe altitudes.

Intuitive Aerial seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled

Minimum safe altitudes: General, subsection (d) states (emphasis added):

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

the following altitudes:

***

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(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.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than 

congested areas. Intuitive Aerial seeks exemption from subsection 91.119(c) because, pursuant to 

this Petition, the Aerigon IAH3 will at all times be operated below 400 feet AGL.

An equivalent or even higher level of safety can be provided instead by, as provided 

herein, operated below 400 feet AGL, so as to deconflict with manned vehicles operating above 

500 feet AGL, within the VLOS of the PIC with the assistance of a VO so as to ensure the safety 

of and deconfliction with any persons or property in the air and on the ground, including 

participating and non-participating personnel, away from who the UA would generally be 

restricted as addressed herein. Further the Aerigon IAH3 flight operations will be monitored at 

all times by both the PIC and VO and will be in compliance with local public safety

requirements, so as to prevent access to the restricted areas of operation. 

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein. See e.g. Exemption Nos. 111062 (Astraeus Aerial), 11063 

(Snaproll Media LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065 

(HeliVideo Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.). See 

also e.g. Exemption Nos. 11109, 11112, 11213.

6. Section 91.121(a)(1)(iii). Altimeter settings. 

Intuitive Aerial seeks an exemption from 14 C.F.R. 91.121(a)(1)(iii). Section 91.121, 

entitled Altimeter settings, states in relevant part (emphasis added):

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

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***

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure

Subsection 91.121(a)(1)(iii) requires persons operating an aircraft to maintain altitude by 

reference to an altimeter set “to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” Intuitive Aerial seeks exemption from subsection 

91.121(a)(1)(iii) because the Aerigon IAH3 does not use or have on board a typical barometric 

altimeter as contemplated by the regulation. Instead, the Aerigon IAH3 continuously downlinks 

GPS altitude information from the UA to the PIC at the GCS to maintain altitude. 

An equivalent level of safety will be provided instead by operating the UA below 400

feet AGL within the VLOS of the PIC (with the assistance of a VO) with GPS altitude 

information downlinked from the UA to the PIC to maintain altitude and ensure safety. Prior to 

each flight, a zero altitude/AGL will be established at the launch site shown on the GPS altitude 

indicator and confirmed for accuracy by the PIC. 

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein. See e.g. Exemption Nos. 111062 (Astraeus Aerial), 11063 

(Snaproll Media LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065 

(HeliVideo Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.). See 

also e.g. Exemption Nos. 11109, 11112, 11213.

7. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Intuitive Aerial seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled

Fuel requirements for flight in VFR conditions, states (emphasis added):

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at 

least 20 minutes.

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Though the Aerigon IAH3 is an unmanned aircraft, and thus would not begin a flight 

with a person in it as the regulation contemplates, to the extent the regulation applies to the 

Aerigon IAH3, Intuitive Aerial seeks an exemption from this subsection because the battery

powering the UAS only provides for approximately 15 minutes of flight, and therefore would 

not meet the 20 minute reserve required by the regulation. 

An equivalent level of safety can be achieved instead by limiting the Aerigon IAH3

flights so there is enough available power for the UA to conduct the intended operation and to 

operate after that for at least five (5) minutes or with the reserve power recommended by the 

manufacturer if greater. 

Given that the Aerigon IAH3, weighing 24 lbs. (with batteries) and flying at less than 27

knots, will be operated within the VLOS of the PIC, within the confines of the particular 

landowner’s property with prior written consent of the landowner and participating and nonparticipating film personnel, this restriction would provide more than enough battery reserve to 

accommodate a safe return to the landing zone from anywhere in the operating area with no 

adverse effect on the safety of persons and property in the air or on the ground. 

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062 (Astraeus Aerial), 11063 

(Snaproll Media LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065 

(HeliVideo Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.). See 

also e.g. Exemption Nos. 2689, 5745, 10650 (granted exemption to manned aircraft to operate at 

less than the minimums prescribed in Section 91.151) and Exemption Nos. 8811, 10808, 10673 

(granted similar relief for UAS for day VFR conditions). See also e.g. Exemption Nos. 11109, 

11112, 11213.

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8. Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b). 

Maintenance inspections and recording.

Section 91.405(a), entitled Maintenance required, states:

Each owner or operator of an aircraft—

(a) 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 of this chapter;

Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding, 

or alteration, states:

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under § 43.7 of this 

chapter;

Section 91.409 (a)(1) and (2), entitled Inspections, states:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter.

No inspection performed under paragraph (b) of this section may be substituted for any 

inspection required by this paragraph unless it is performed by a person authorized to 

perform annual inspections and is entered as an “annual” inspection in the required 

maintenance records.

Section 91.417(a) and (b), entitled Maintenance records, state:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, 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, preventive 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—

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(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 which are required 

to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the 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) of this chapter for each major alteration 

to the airframe and currently installed engines, rotors, propellers, and appliances.

(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 with the aircraft 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.

In general, these regulations require that an airworthy certificated aircraft be inspected as

prescribed in 14 C.F.R. Part 91, Subpart E (Maintenance, Preventive Maintenance, and 

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Alterations), any discrepancies be repaired and the aircraft be approved for return to service as

prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and 

that any work on the aircraft be recorded and such records maintained. 

Intuitive Aerial seeks an exemption because, as addressed, the Aerigon IAH3 will operate 

pursuant to this Petition without airworthiness certification. An equivalent level of safety can be

provided instead by requiring, as provided herein, that inspections and maintenance be

accomplished according to the FOD. Among other things, the UAS will be inspected prior to 

each flight to confirm that it is in good working order, any maintenance or repairs will be 

performed and logged, and, upon any work being performed on the UA, the UA will be checked 

and approved for flight by qualified Intuitive Aerial personnel before being returned to service. 

No pilot or crew need be airborne flying a heavy, fuel-ladened aircraft, thereby providing for 

superior safety to persons and property in the air and on the ground. Further, all flights will be 

conducted during the day below 400 feet AGL within the VLOS of the PIC with the assistance of a 

VO so as to ensure within the boundaries of the consenting landowner’s property and deconfliction 

with objects in the air and on the ground. No flight will be taken without advance notice being 

given to and obtaining the permission of the property owner and all participating and nonparticipating film personnel. Given the Aerigon IAH3’s light weight, slow speed and lowaltitude operations there is little risk of any damage to persons or property in the air or on the 

ground should a maintenance issue present itself when airborne. Accordingly, any risk associated 

with using the Aerigon IAH3 as proposed is significantly reduced when compared to that

presented by using manned aircraft to conduct the same operations.

The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein. See e.g. Exemption Nos. 11062, 11063, 11064, 11065, 

11066, 11066A, 11067, 11067A, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 

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11153, 11156, 11157, 11158, 11159, 11160, 11161.

H. A Summary That Can Be Published In The Federal Register, stating: 

The Rules From Which Intuitive Aerial Seeks Exemption:

Intuitive Aerial, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 45.27(a), 61.23(a) 

and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a), 91.7(a), 91.105, 91.119(c), 

91.121(a)(1)(iii), 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2),and 91.417(a) and (b).

A Brief Description Of The Nature Of The Exemption Intuitive Aerial Seeks:

Approval of the above mentioned exemptions will allow Intuitive Aerial to operate the Aerigon 

IAH3 for compensation in the National Airspace System. In relation to current aerial 

photography operations of manned aircraft operators, such exemptions will increase safety, 

reduce risk to person and property on the ground, decrease carbon emissions, reduce the need 

for Air Traffic Control handling, and provide better aerial surveying footage. The Aerigon 

IAH3 runs on rechargeable batteries and does not carry any persons on-board. Intuitive 

Aerial’s customer’s will also benefit from greater operational flexibility and lower costs as

Intuitive Aerial can operate the Aerigon IAH3 at a lower cost than traditional manned aircraft 

doing the same job.

Specifically, Intuitive Aerial is seeking exemptions to allow:

(1) The Aerigon IAH3 to be marked with its registration number as large as practicable 

on its largest available surface;

(2) At least a sport pilot certificated airman with a valid U.S. driver’s license to operate 

the Aerigon IAH3 as the Pilot in Command;

(3) Operate the Aerigon IAH3 even though it has not been certified as airworthy;

(4) Allow the Pilot in Command to control the Aerigon IAH3 from the controls that are 

located at the ground control station;

(5) Operate the Aerigon IAH3 below 400 feet AGL;

(6) Operate the Aerigon IAH3 with continuous downlinks of GPS altitude information 

from the UA to the PIC at the GCS to maintain altitude instead of a barometric altimeter; 

(7) Conduct operations limited to the greater of the power needed to conduct the 

intended operation plus an additional five minutes or the reserve power recommended by the 

manufacturer; and

(8) Conduct inspections and maintenance in accordance with the Intuitive Aerial’s Flight 

Operations Documents.

I. Conclusion

Accordingly, as set forth above, Intuitive Aerial seeks an exemption pursuant to 14 C.F.R.

§ 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, to permit safe 

operation of the Aerigon IAH3 commercially, without an airworthiness certificate, for the special

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purpose of conducting photography and videography operations. By granting this Petition, the 

FAA Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA 

Modernization and Reform Act of 2012 to expedite approval of operations of certain UAS in the 

NAS, while also advancing the interests of the public.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Intuitive Aerial, Inc. respectfully requests

that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. §§

45.27(a), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a), 91.7(a), 91.105, 

91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2),and 91.417(a) 

and (b).

Dated: August 14, 2015 Respectfully submitted,

Husch Blackwell LLP

/s/ Thomas L. Gemmell

Thomas L. Gemmell

HUSCH BLACKWELL LLP

120 South Riverside Plaza, 22nd Floor

Chicago, Illinois 60606

Tel: (312) 655-1500

Fax: (312) 655-1501

Attorney for Petitioner

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