July 27, 2015

Exemption No. 12166

Regulatory Docket No. FAA–2015–1688

Mr. Bart S. Ferguson

Partner

Chesapeake Aerial Solutions, LLC

3951 Main Street

Trappe, MD 21673

Dear Mr. Ferguson:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 29, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Chesapeake Aerial Solutions, LLC (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial data capture.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
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consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Chesapeake Aerial Solutions, LLC is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Chesapeake Aerial Solutions, LLC is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

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

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must 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 must be able to communicate verbally at all times;

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must 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 must 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, 
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the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

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

operator must 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 must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

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, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

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

9. The operator is 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 must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must 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 must 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 must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must 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 must 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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14. The operator may 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. PIC 

qualification flight hours and currency must 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 may 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 must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

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

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may 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 must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may 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 UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must 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 UA 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. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must 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 must 

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 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must 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 UA and/or debris in the event of an accident. The operator must 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 must 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 shall 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.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must 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 the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

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

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. 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 must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. 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.

31. Flight operations may be conducted closer than 500 feet from participating persons 

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

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Chesapeake Aerial Solutions, LLC 

April 29, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re:

Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam

This petition is being submitted on our own behalf without legal counsel 

or consulting services.

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

(the Reform Act), and 14 C.F.R. Part 11, Chesapeake Aerial Solutions, LLC 

(CAS) which has filed an Article of Organization as an aerial photography 

and mapping company for various industries, hereby applies for an 

exemption from the Federal Aviation Regulations (FARs) listed below to 

allow operation of our sUAS commercially in airspace regulated by the 

Federal Aviation Administration (FAA) so long as such operations are 

conducted with and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.

The requested exemption would permit Chesapeake Aerial Solutions, LLC to 

pursue its commercial interests in providing services to consumers 

interested in aerial data capture using a small advanced sUAS in the 

following areas:

 Agriculture (monitoring of CREP Easement strips)

 Surveying 

 Marsh Surveys (vegetation in-fill and wildlife habitat)

 Real Estate Photography

 Landscape Architecture

Chesapeake Aerial Solutions, LLC states that all sUAS flights that will 

occur over private or controlled access property will do so with the 

property owner's prior consent and knowledge and that only people who have 

consented or otherwise have agreed to be in the area where filming will 

take place will be filmed.

 

 

 
Chesapeake Aerial Solutions, LLC Pilot in Command Biographies: 

Eric Wheatley 

Eric is 44 years old and has been building and flying radio controlled 

(RC) model aircraft for 10 years. He is a current member of the Academy of 

Model Aeronautics (AMA), with a valid open membership card No. 895693. He 

has experience with RC boats, cars, helicopters, quadcopters, and 

propeller driven airplanes and jets, all powered by fuel, gas, or 

electric. The majority of his flight time has been dedicated to precision 

aerobatic airplanes including giant scale aerobatic, 2-meter pattern, and 

.60 size antique pattern airplanes. He has extensive building and 

maintenance knowledge of all RC interests that he is active in. Eric has 

also been a RC flight instructor to beginner pilots at his regular flying 

club.

Along with his RC skills, Eric also has a background in basic machinist 

skills, design, and research and development practices.

Bart Ferguson 

Bart is 41 years old and has been building and flying radio controlled 

(RC) model aircraft for 16 years. He is a current member of the Academy of 

Model Aeronautics (AMA), with a valid open membership card No. 675305. He 

has experience with RC boats, cars, quadcopters, and airplanes, all 

powered by fuel, gas, or electric. The majority of his flight time has 

been dedicated to giant scale gas airplanes and .60 size antique pattern 

airplanes. The vast majority of his airplanes have been built by him from 

kits or plans. Bart has also been an RC flight insrtuctor to beginner 

pilots both at his regular flying club and at nearby clubs and private 

flying fields in the area.

Bart was raised in an aviation centered home, with his father having a 

Commercial Pilot Certificate with a multi-engine rating and a Flight 

Instructor Certificate. His father logged thousands of hours flight time 

over his career. Although Bart did not follow in his father’s footsteps of 

becoming a pilot, he still grew up with a love of aviation and spent many 

hours as a boy in the right seat riding next to his father, or just 

hanging around the local airports trying to stay out of trouble, of 

course.

Additionally both of these RC pilots have logged many hours flying 

together and spotting for each other over the years, and communicate 

effectively with each other. Both are well versed in pre-flight 

inspections, maintenance of aircraft and support systems, and planned 

operations within airspace. Both pilots are very knowledgeable about the 

general rules and risks of aviation and take flying and the safety of 

themselves and others seriously.
Unmanned Aircraft System:

sUASs are oftentimes seen as superior to full scale aircraft due to the 

much smaller size and light weight, advanced use of GPS technology, low 

operating costs, and reduced noise and as such, a much smaller 

environmental footprint which promotes public safety and comfort.

We are petitioning for exemption to enable Chesapeake Aerial Solutions, 

LLC to operate a DJI Phantom 2 equipped with a two-axis Walkera G-2D

Gimbal and Turnigy SJ4000 Camera. The standard gross take-off weight for 

this sUAV is 2.7 lbs. This sUAS has a built-in capability to limit the

height it flies above the ground, to limit the radius of the distance it 

flies from the operator and to exclude it from Class B, C and D airspace 

including a no fly zone feature. The Phantom 2 also has the failsafe 

function of the Naza-M autopilot system which means when the communication 

between the Main Controller and the transmitter is disconnected, the

outputs of all command sticks from controller will go to the center 

position. If the GPS signal is good enough, the system will automatically 

trigger Return to Home and will land safely.

Chesapeake Aerial Solutions, LLC will also uphold the Model Aircraft 

Operating Standards as set by the Academy of Model Aeronautics National 

Safety Code, §A & §B, Effective January 1, 2014:

A. GENERAL: A model aircraft is a non-human-carrying aircraft capable of 

sustained flight in the atmosphere. It may not exceed limitations of 

this code and is intended exclusively for sport, recreation, education 

and/or competition. All model flights must be conducted in accordance 

with this safety code and any additional rules specific to the flying 

site. 

1. Model aircraft will not be flown: 

(a) In a careless or reckless manner. 

(b) At a location where model aircraft activities are 

prohibited. 

2. Model aircraft pilots will: 

(a) Yield the right of way to all human-carrying aircraft. 

(b) See and avoid all aircraft and a spotter must be used when 

appropriate. (AMA Document #540-D.) 

(c) Not fly higher than approximately 400 feet above ground 

level within three (3) miles of an airport without 

notifying the airport operator. 

(d) Not interfere with operations and traffic patterns at any 

airport, heliport or seaplane base except where there is a 

mixed use agreement. 
(e) Not exceed a takeoff weight, including fuel, of 55 pounds 

unless in compliance with the AMA Large Model Airplane 

program. (AMA Document 520-A.) 

(f) Ensure the aircraft is identified with the name and 

address or AMA number of the owner on the inside or 

affixed to the outside of the model aircraft. (This does 

not apply to model aircraft flown indoors.) 

(g) Not operate aircraft with metal-blade propellers or with 

gaseous boosts except for helicopters operated under the 

provisions of AMA Document #555. 

(h) Not operate model aircraft while under the influence of 

alcohol or while using any drug that could adversely 

affect the pilot’s ability to safely control the model. 

(i) Not operate model aircraft carrying pyrotechnic devices 

that explode or burn, or any device which propels a 

projectile or drops any object that creates a hazard to 

persons or property. 

Exceptions: 

• Free Flight fuses or devices that burn producing smoke 

and are securely attached to the model aircraft during 

flight. 

• Rocket motors (using solid propellant) up to a G-series 

size may be used provided they remain attached to the 

model during flight. Model rockets may be flown in 

accordance with the National Model Rocketry Safety Code 

but may not be launched from model aircraft. 

• Officially designated AMA Air Show Teams (AST) are 

authorized to use devices and practices as defined 

within the Team AMA Program Document. (AMA Document 

#718.) 

(j) Not operate a turbine-powered aircraft, unless in 

compliance with the AMA turbine regulations. (AMA Document 

#510-A.) 

3. Model aircraft will not be flown in AMA sanctioned events, air 

shows or model demonstrations unless: 

(a) The aircraft, control system and pilot skills have 

successfully demonstrated all maneuvers intended or 

anticipated prior to the specific event. 

(b) An inexperienced pilot is assisted by an experienced 

pilot. 

4. When and where required by rule, helmets must be properly 

worn and fastened. They must be OSHA, DOT, ANSI, SNELL or 

NOCSAE approved or comply with comparable standards. 

B. RADIO CONTROL (RC) 
1. All pilots shall avoid flying directly over unprotected people, 

vessels, vehicles or structures and shall avoid endangerment of 

life and property of others. 

2. A successful radio equipment ground-range check in accordance 

with manufacturer’s recommendations will be completed before the 

first flight of a new or repaired model aircraft. 

3. At all flying sites a safety line(s) must be established in front 

of which all flying takes place. (AMA Document #706.) 

(a) Only personnel associated with flying the model aircraft 

are allowed at or in front of the safety line. 

(b) At air shows or demonstrations, a straight safety line 

must be established. 

(c) An area away from the safety line must be maintained for 

spectators. 

(d) Intentional flying behind the safety line is prohibited.

4. RC model aircraft must use the radio-control frequencies 

currently allowed by the Federal Communications Commission (FCC). 

Only individuals properly licensed by the FCC are authorized to 

operate equipment on Amateur Band frequencies. 

5. RC model aircraft will not knowingly operate within three (3) 

miles of any pre-existing flying site without a frequencymanagement agreement. (AMA Documents #922 and #923.) 

6. With the exception of events flown under official AMA Competition 

Regulations, excluding takeoff and landing, no powered model may 

be flown outdoors closer than 25 feet to any individual, except 

for the pilot and the pilot's helper(s) located at the 

flightline. 

7. Under no circumstances may a pilot or other person touch an 

outdoor model aircraft in flight while it is still under power, 

except to divert it from striking an individual. 

8. RC night flying requires a lighting system providing the pilot 

with a clear view of the model’s attitude and orientation at all 

times. Hand-held illumination systems are inadequate for night 

flying operations.

9. The pilot of an RC model aircraft shall: 

(a) Maintain control during the entire flight, maintaining 

visual contact without enhancement other than by 

corrective lenses prescribed for the pilot. 

(b) Fly using the assistance of a camera or First-Person View 

(FPV) only in accordance with the procedures outlined in 

AMA Document #550. 

(c) Fly using the assistance of autopilot or stabilization 

system only in accordance with the procedures outlined in 

AMA Document #560.
Additionally Chesapeake Aerial Solutions, LLC will only operate its sUAS

 Within line of sight of a pilot and/or observer where both are 

within clear communication and will operate at sites that are a 

'sufficient distance' from populated areas within the sterile area 

described in the FOPM. Such operations will insure that the sUAV

will "not create a hazard to users of the national airspace system 

or the public."

 When flying sUAV within 5 miles of an airport, airport operators 

will be notified and the operator will give the right of way to 

avoid flying in the proximity of full-scale aircraft.

 Maximum flight time for each operational flight will be ~20

minutes. Flights will be terminated at 25% battery power reserve 

should that occur prior to the 20 minute limit.

 The sUAS will be programmed so that it will not be operated at an 

altitude of more than 400 feet AGL, and not more than 200 feet 

above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the sUAS Pilot and 

a Visual Observer

 The sUAS PIC’s (Pilot in Command) will always be an experienced AMA 

membership holding RC pilot

 The sUAS operated by the petitioner weighs less than 55 pounds, 

including the payload (i.e. camera, lens, and gimbal).

 The sUAS will operate at speeds of no more than 50 knots, can 

hover, and can simultaneously move vertically and horizontally.

 Given the small size of the sUAS and the restricted sterile 

environment within which they will operate, our sUAS operations 

will adhere to the Reform Act's safety requirements.

 If a loss of precise control or mechanical failure is ever to 

happen, the sUAV is to be forcibly landed in the farthest and/or 

safest possible location from persons or personal property so as to 

preserve the safety of life. This is the same measure instituted 

(sometimes unwritten) at RC Flying fields to protect fellow RC 

pilots and spectators alike.

 
Standard flight checklist:

CHESAPEAKE AERIAL SOLUTIONS, LLC

DJI PANTOM 2 V2.0 

Software V 3.08 Walkera G2D Gimbal. / Turnigy SJ4000 Action Cam. 

FLIGHT LOG/CHECKLIST: MM__DD__YY__JOB#_____ 

LOCATION_______________________FLIGHT No._____CONDITIONS_______TEMP______ 

□ 1. Permission Granted For Flight. 

□ 2. Flight Battery Charged. Voltage. % ___

□ 3. Transmitter Batteries Checked. No. Of Flights.___

□ 4. All Props Secure.

□ 5. Compass Calibrated.

□ 6. G.P.S. Locked On All Satellites.

□ 7. Camera And Gimbal Secure.

□ 8. Gimbal Angle Set.

□ 9. Camera ON.

□ 10. Camera Record ON.

□ 11. Clear Line Of Sight.

□ 12. Wind Direction/Speed. N. NE. E. SE. S. SW. W. NW. (Circle.) M.P.H.____

□ 13. Take Off Time__:__ Landing Time__:__= Flight Duration: ____Min.

Address.____________________________________________

City.____________________________ State.____ Zip.______

Lat.___________ Lon.___________Elv.____Ft./Meters. (Circle one.)

Pilot. X__________________ Observer. X__________________ Property. Owner. X_________________ 

 
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EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Chesapeake Aerial Solutions, LLC requests an exemption from the following 

listed Federal Aviation Regulations (FARs) as well as any additional 

regulations that may technically apply to the operation of the sUAS, so 

long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 

333.

List of FAR’s from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 61.23

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. (91.401 - 91.417)
14 CFR Part 21, Subpart H 

Airworthiness Certificates 

Subpart H establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR 91.203 (a) (1).

Given the size and limited operating area associated with the aircraft to 

be utilized by Chesapeake Aerial Solutions, LLC, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of safety under 

Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

USC 44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, 

upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular sUAS. In all 

cases, an analysis of these criteria demonstrates that the sUAS operated 

without an airworthiness certificate, in the restricted environment and 

under the conditions proposed, will be at least as safe, or safer, than a 

conventional aircraft operating with an airworthiness certificate without 

the restrictions and conditions proposed.

14 CFR 45.23 & 14 CFR 45.29 

Display of Marks: General & Size of Marks 

These regulations provide that each aircraft must display "N" and the 

aircraft's registration number in letters at least 3 inches high. 

Additionally, the aircraft must display the word "EXPERIMENTAL" in letters 

at least 2 inches high near the entrance to the cabin, cockpit, or pilot 

station. The sUAS does not have an entrance in which the word 

"EXPERIMENTAL" can be placed, and may not have a registration number 

assigned to it by the FAA.

The word "EXPERIMENTAL” will be affixed to the top of the sUAV, where the 

Pilot in Command, Visual Observer and others in the vicinity of the 

aircraft while it is preparing for launch will be able to see the 

designation. We will also be placing a decal noting Chesapeake Aerial 

Solutions, LLC’s name and address. The command station of the aircraft is 

to be as openly visible as possible, so that anyone that enters near the 

area of sUAS operations can easily find the Pilot in Command and the 

Visual Observer.
14 CFR 61.113 (a) and (b) 

Private pilot privileges and limitations: Pilot in Command 

These regulations limit private pilots to non-commercial operations.

Because the sUAV cannot carry a pilot or passengers and all the 

operational flights are carefully preplanned and adjusted to each 

individual locations’ possible complications, we strongly feel that our 

experience we have with RC model aviation and full scale aviation that our 

flights will be carried out in a very structured and professional 

methodology, that will meet or exceed a commercial pilot that has limited 

RC aviation experience.

Furthermore, there are no standards for either private or commercial sUAS 

pilot certificates, knowledge of airspace regulations and dexterity in the 

control and operation of the sUAS acquired from actual operation of the 

aircraft will be the most important factors in establishing an equivalent 

level of safety. It cannot be assumed that a commercial pilot, approved to 

operate a manned helicopter or fixed wing aircraft, has the skill or 

ability to safely operate an unmanned aerial vehicle, operating at 400 

feet AGL or lower, within controlled airspace.

14 CFR 61.23 

Medical Certificates 

This regulation requires pilots of manned aircraft to hold a medical

certificate.

Since risks associated with the operation of the proposed sUAS are so

diminished from the level of risk associated with any manned aircraft;

the sUAS is of a size, weight, speed, and operational capabilities which

makes it much safer than any manned aircraft; since operations will occur

in tightly controlled and limited airspace; and considering that all

operations will be on private property that is clear of all people, 

obtaining and maintaining a medical certificate would not improve the

safety of the operation. In the very rare case of a mishap, the sUAS

being flown will pose significantly less of a threat than manned

helicopters and fixed wing aircraft because the sUAS’s are a fraction of

the size, a fraction of the weight, will be flown at a fraction of the

speed, carry no flammable fuel, and carry no crew or passengers. In the 

case that the Pilot in Command should suffer from a medical emergency, the 

sUAS will either come to a stop and hover, or continue its pre-programmed 

course if the control inputs are released, as they are programmed to remain 

in flight autonomously.
14 CFR 91.7 (a) 

Civil Aircraft Airworthiness Certificate 

Prohibits the operation of an aircraft without an airworthiness 

certificate.

As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable. It will be the Pilot in Command of 

the sUAS that will make the final determination and accept responsibility 

of Airworthiness on a per flight basis. 

 

 

14 CFR 91.9

Civil aircraft flight manual, marking, and placard requirements 

This regulation provides that no person may operate an aircraft unless a 

current, approved flight manual is in the aircraft.

We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the 

aircraft. We request an exemption to this requirement since the aircraft 

is not only too small to carry documentation, the documentation would not 

be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a 

current, approved sUAS Flight Manual (product information manual) must be 

available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight.

14 CFR 91.109 

Flight Instruction 

This regulation provides that no person may operate a civil aircraft 

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

unless that aircraft has fully functioning dual controls.

sUAS’s and remotely piloted aircraft, by their design do not have fully 

functional dual controls. Flight control is accomplished through the use 

of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for 

flight instruction in experimental aircraft. An equivalent level of safety 

is provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft and the size and speed of the aircraft is such 

that the likelihood of severe damage to personal property or severe injury 

to persons is unlikely in the event of a loss of control, as compared to a 

full scale aircraft.
14 CFR 91.119 

Minimum safe altitudes: General 

The regulation states that over sparsely populated areas the aircraft

cannot be operated closer than 500 feet to any person, vessel, vehicle, 

or structure.

Since the typical mission of the sUAV would be photography or survey of 

persons or property it will be necessary to operate within the 500 feet 

safety envelope. Operations will only be flown over property or persons

where permission has been obtained, people involved in the photography, 

filming, or surveying operations are within communication and understand 

typical pilot distress calls, and careful pre-planning has been

performed. The aircraft will be operated at a low altitude allowing,

if a power unit fails, an emergency landing without undue hazard to 

persons or property on the surface. Therefore we maintain that due to the

physical size and weight of the sUAV, the hazard to persons, vehicles

and structures is minimal compared to manned aircraft, which should be

considered in granting the exemption.

14 CFR 91.121 

Altimeter settings 

This regulation requires each person operating an aircraft to maintain 

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.”

The sUAS does not have a barometric altimeter with a read out, using GPS 

coordinate solutions instead. The GPS information is provided via 

electronic downlink to a ground station or cellular phone connection 

broadcasting, among other details, the altitude of the sUAV. To maintain a 

margin of safety by not accidentally flying above the 400’ AGL threshold, 

it will be part of the Pilot in Command and sometimes a qualified visual 

observer to confirm the altitude before and during a flight.
14 CFR 91.151 

Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning “a flight in an 

airplane under VFR conditions unless (considering wind and forecast 

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

intended landing, and, assuming normal cruising speed – (1) During the 

day, to fly after that for at least 30 minutes; or (2) At night, to fly 

after that for at least 45 minutes.”

The battery powering the sUAS provides approximately a total of 25-30

minutes of powered flight. That would make it impossible to meet the 30 

minute reserve requirement. Given the limitations on the sUAS’s proposed 

flight area and the location of its proposed operations within a 

predetermined area, 30 minutes of flight time of reserved battery power 

(fuel) is unnecessary for safe operation of the sUAS.

An equivalent level of safety can be achieved by limiting flights to 20 

minutes or 25% of battery power (whichever occurs first). This restriction 

would be more than adequate to return the sUAS to its planned landing zone 

from anywhere in its limited operating range.

14 CFR 91.203 (a) & (b) 

Civil Aircraft: Certifications required 

The regulation provides that an airworthiness certificate, with the 

registration number assigned to the aircraft and a registration 

certificate must be aboard the aircraft. Additionally, subparagraph (b) 

provides that the airworthiness certificate be "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew."

At a maximum gross weight of 2.7 pounds, the sUAV is too small to carry 

documentation, does not have an entrance or hatch, and it is not capable 

of carrying passengers or crew. To obtain an equivalent level of safety 

and meet the intent of 91.203, we propose that documents deemed 

appropriate for this aircraft by the FAA will be co-located with the crew 

at the ground control station and available for inspection upon request. 

In order to identify the aircraft, we propose that the information found 

on airworthiness and registration certificates be permanently affixed to 

the aircraft via placard containing the pilot names, company name, 

telephone number, address, and. The word "EXPERIMENTAL" will be added to 

satisfy the requirement of 14 CFR 45.23, if deemed necessary.
14 CFR 91.401; 

14 CFR 91.405 (a); 

14 CFR 91.407 (a)(1); 

14 CFR 91.409 (a)(1); 

14 CFR 91.409 (a)(2); 

14 CFR 91.417 (a) and (b) 

Maintenance Inspections 

These regulations require that an aircraft operator or owner “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...,” and others shall inspect or maintain the aircraft in 

compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply. Maintenance will 

be accomplished by the Pilot in Command; pursuant to the DJI Phantom 2 

User Manual v1.4, Quick Start Guide, and Smart Flight Battery Safety 

Guidelines manual; as provided by DJI. An equivalent level of safety will 

be achieved because these small sUAVs are very limited in size, will carry 

a small payload, and operate only in controlled areas for limited periods 

of time. If mechanical issues arise, the sUAV can land immediately and 

will be operating less than 400 feet AGL. As outlined in the Chesapeake 

Aerial Solutions, LLC Checklist, the Pilot in Command will ensure that the 

sUAS is in working order prior to initiating flight and perform 

maintenance as required. Moreover, the Pilot in Command is the person most 

familiar with the aircraft and it will be his ultimate responsibility that

the aircraft in an airworthy condition to provide the highest level of 

safety.

We respectfully request exemption under Section 333 to enable Chesapeake 

Aerial Solutions, LLC to operate efficient, limited, low-risk commercial 

sUAS operations for the activities stated respecting at all times the 

space and privacy of citizens and property whilst keeping our skies safe.

Sincerely

Bart S. Ferguson

Partner

Chesapeake Aerial Solutions, LLC

3951 Main St

P.O.Box 443

Trappe, MD 21673