July 21, 2015

 Exemption No. 11240A

 Regulatory Docket No. FAA-2014-0894

Mr. Kenneth R. Beason 

CEO, Director of Flight Operations 

Aerius Flight, LLC 

11742 Cedarbrook Drive 

South Lyon, MI 48178

Dear Mr. Beason:

This letter is to inform you that we have granted your petition for an amendment. It explains 

the basis for our decision, describes its effect, and lists any changes to the original conditions 

and limitations.

By letters dated April 11 and May 5, 2015 you petitioned the Federal Aviation Administration 

(FAA) on behalf of Aerius Flight, LLC (hereinafter petitioner or operator) for an amendment 

to your current exemption. That exemption from §§ 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) of Title 14, Code of Federal Regulations (14 CFR) 

allows the petitioner to operate a UAS to perform aerial data. You requested an amendment 

to add the DJI Phantom 3, DYS D800-X8, DJI Inspire, and 3DR Solo.

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

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

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the petitioner. The 

unmanned aircraft authorized in the original grant are comparable in type, size, weight, speed 

and operating capabilities to those in this petition.

Airworthiness Certification
2

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 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 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.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11240

remains valid and is in the public interest. Therefore, under the authority contained 

in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, the operator is 

granted an amendment to add new aircraft to its UAS operations.

The operator shall add this amendment to its original exemption.

 

Conditions and Limitations

All conditions and limitations within Grant of Exemption No. 11240 remain in effect except 

as follows. Condition No. 1 has been updated to reflect the additional aircraft. 

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 Walkera Scout X4, 

DJI S900, DJI Phantom 3, DYS D800-X8, DJI Inspire, and 3DR Solo 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.

This exemption terminates on March 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
U.	S.	Department	of	Transportation

Docket	Management	System	

1200	New	Jersey	Ave,	SE	

Washington,	DC	20590	

04/11/15

Re:	Amendment	to	Exemption	11240	issued	pursuant	to	Section	333	of	the	FAA	

Reform	Act	and	Part	11	of	the	Federal	Aviation	Regulations	in	Regulatory	Docket	

No.	FAA-2014-0353-0001.	

Dear	Sir	or	Madam;	

Aerius	Flight	LLC,	was	issued	an	Exemption	numbered	11240	(hereinafter	

the	Exemption)	for	the	purpose	of	commercial	aerial	survey	and	photography	

operations.	Aerius	Flight	LLC,	herby	requests	an	amendment	to	the	Exemption	to	

allow	an	additional	type	of	unmanned	aircraft	system	(UAS)	that	fully	complies	

with	the	conditions	of	the	Exemption.	

Aerius	Flight	LLC, wishes	to	operate	a	DJI	Phantom	3 under	the	same	terms	

and	conditions	contained	in	the	Exemption.	Attached	hereto,	and	submitted	as	a	

confidential	document,	is	the	Flight	Operations	Manual	(FOM)	for	the	additional	

UASs.	All	operations	of	the	additional	UASs	will	be	in	full	compliance	with	the	

terms	of	the	Exemption.	

As	this	is	an	amendment	to	an	existing	exemption	asking	for	only	the	

addition	of	another	type	of	unmanned	aerial	vehicle,	Aerius	Flight	LLC	respectfully	

submits	that	good	cause	exists	so	that	notice	does	not	need	to	be	published	in	the	

Federal	Register	for	the	requested	amendment.	

Please	contact	the	undersigned	should	you	have	any	question	concerning	this	

request	for	an	amendment	to	the	Exemption.	

Sincerely	yours,	

Kenneth	Beason

CEO,	Aerius	Flight	LLC

kbeason@aeriusflight.com

1	(248)	767-9092

CC:

Robert	Pappas	

Jake	Troutman	
U.	S.	Department	of	Transportation

Docket	Management	System	

1200	New	Jersey	Ave,	SE	

Washington,	DC	20590	

05/05/2015

Re:	Amendment	to	Exemption	11240	issued	pursuant	to	Section	333	of	the	FAA	

Reform	Act	and	Part	11	of	the	Federal	Aviation	Regulations	in	Regulatory	Docket	

No.	FAA-2014-0353-0001.	

Dear	Sir	or	Madam;	

Aerius	Flight	LLC,	was	issued	an	Exemption	numbered	11240	(hereinafter	

the	Exemption)	for	the	purpose	of	commercial	aerial	survey	and	photography	

operations.	Aerius	Flight	LLC,	herby	requests	an	amendment	to	the	Exemption	to	

allow	an	additional	type	of	unmanned	aircraft	system	(UAS)	that	fully	complies	

with	the	conditions	of	the	Exemption.	

Aerius	Flight	LLC, wishes	to	operate	a	DYS	D800-X8 under	the	same	terms	

and	conditions	contained	in	the	Exemption.	Attached	hereto,	and	submitted	as	a	

confidential	document,	is	the	Flight	Operations	Manual	(FOM)	for	the	additional	

UASs.	All	operations	of	the	additional	UASs	will	be	in	full	compliance	with	the	

terms	of	the	Exemption.	

As	this	is	an	amendment	to	an	existing	exemption	asking	for	only	the	

addition	of	another	type	of	unmanned	aerial	vehicle,	Aerius	Flight	LLC	respectfully	

submits	that	good	cause	exists	so	that	notice	does	not	need	to	be	published	in	the	

Federal	Register	for	the	requested	amendment.	

Please	contact	the	undersigned	should	you	have	any	question	concerning	this	

request	for	an	amendment	to	the	Exemption.	

Regards,	

Kenneth	Beason

CEO,	Aerius	Flight	LLC

kbeason@aeriusflight.com

1	(248)	767-9092

CC:

James	Williams	

Robert	Pappas	

Jake	Troutman	

John	McGraw	

Jonathan	B.	Hill