LJCAI Section 333 Exemption Page 1 9/23/2015

September 10, 2015

Lawrence Chestnut - CEO

LJC Aerial Imagery LLC.

107 Bennett’s Creek Landing Road

Suffolk, VA 23435

+1 (868) 767-8227

ljcai@ljcaerialimagery.com

www.ljcaerialimagery.com

Mr. James Williams

Manager, Flight Standards Service

Unmanned Aircraft Systems Integration Office

Federal Aviation Administration

800 Independence Avenue, SW Washington, DC 20591

U.S. Department of Transportation, Docket Operation

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Request for exemption from multiple regulatory provisions to allow the use of small 

unmanned aerial systems (sUAS) for aerial data collection for US-based and international clients

Dear Mr. Williams:

LJC Aerial Imagery LLC (LJCAI) respectfully requests an exemption from several provisions of 

Title 14 of the Code of Federal Regulations (C.F.R.) for the commercial use of small UASs 

under Section 333 for aerial data collection. 

LJCAI recognize the leadership role the FAA plays in aeronautic regulations around the world. It 

is the company’s goal to share the processes and regulations that has placed the FAA in this 

leadership role with countries throughout the Caribbean, Africa, Central and South America. 

Initially, LJCAI will be conducting business in the United States, Trinidad & Tobago, and other 

Caribbean countries. 

The aircrafts LJCAI will employ initially include:

1. DJI Phantom 3 (company own)

2. DJI Inspire 1 (company own)

3. DJI Matrice 100 (company in process of buying)

4. SenseFly eXom (new and future purchase)

5. SenseFly eBee RTK (new and future purchase)
LJCAI Section 333 Exemption Page 2 9/23/2015

All data collection sUAVs that may be used in the future are listed in Appendix B. 

BACKGROUND ON LJC AERIAL IMAGERY LLC (LJCAI)

LJCAI strives to be a leader in the use of drones as a service tool. Our Drone Smart Service® 

processes and methodology strive to introduce the use of drones within a myriad of areas. These 

areas include, but are not limited to:

1. Telecom and Utility Infrastructure Inspections

2. Damage Assessment 

3. Disaster Relief 

4. Emergency Response Search and Rescue

5. Surveying and Mapping

6. Residential and Commercial Real Estate Services

7. Entertainment and International Flight Training and Drone Registration (

8. UAV Training and Drone Registration*

 Like many countries with a high count of drones and few regulations on the books to help 

manage the safety of the inhabitants, Trinidad & Tobago is looking to have all sUAS’s in 

the country registered. LJCAI looks help the government not only register all drones in 

the country but also provide a training initiative as well.

LJCAI with provides turnkey solutions utilizing UAS to deliver specific, low risk, and cost 

effective collection of aerial data. Though we will work with local and international companies 

who are developing their own UAS departments, LJCAI will work to help clients avoid the 

capital expense and operating risks of establishing their own drone programs. 

Working within the national (or in the case of The Republic of Trinidad & Tobago demands an 

analytical approach to providing drone smart services®. LJCAI believes in providing a fully

integrated solution, rather than one based on individual components.

Whether working with clients in the United States or the Caribbean, our business process 

requires the following:

 Clearly identifying requirements

 Developing business case(s)

 Demonstrating the Return on Investment (ROI) to our clients from the utilization of 

sUAS 
LJCAI Section 333 Exemption Page 3 9/23/2015

Regulatory Provisions from which LJCAI seeks an Exemption

LJCAI believes it may need an exemption from the following provisions to conduct the 

contemplated operations. In some instances, relief is needed because relief from another 

provision renders compliance with the regulation at hand infeasible.

333 Aircraft Exemption Status

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113(a) & (b) 14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b) 14 CFR 91.405(a)

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

AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

including UAS, from the requirement that all civil aircraft must have a current airworthiness 

certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections §44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 49 USC §44701(f). See also 49

USC §44711(a); 49 USC §44704; 14 CFR 91.203(a)(1).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may operate

in the national airspace system without creating a hazard to the user, the public, or a threat to 

national security. In making this determination, the Secretary must consider:

 The UAS’ size, weight, speed and operational capability;

 Whether the UAS operates within the visual line of sight of the operator;

 Whether the UAS operates outside of highly populated areas and away from close 

proximity to airports.

Reform Act 333(a). If the Secretary determines that a UAS “may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft 

in the national airspace system.” Id. 333(c).
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UAS AND OPERATIONAL DESCRIPTION

With the United States FAA (and international aeronautic controlling entities) LJCAI will seeks 

to operate commercially a variety of UAS weighing less than 55 pounds including payload in

the United States for the purpose of acquiring aerial data collection. The Appendix attached to 

this exemption petition lists the aircraft that LJCAI may use in the execution of its business. 

LJCAI requests that it be granted permission to operate those aircraft already approved in 

previous Section 333 exemption petitions.

As the operator of these aircraft, LJCAI is committed to the following conditions and limitations 

on its operations. LJCAI understands that failure to comply will be grounds for the immediate 

suspension or rescission any exemption granted.

1. Operations are limited to the sUAS listed in the Appendix and those sUAS 

previously approved by the Secretary when weighing less than 55 pounds including 

payload.

2. Operations for the purpose of closed-set motion picture and television filming are not 

contemplated.

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

In no case will the aircraft be operated at airspeeds greater than the maximum aircraft 

operating airspeed recommended by the aircraft manufacturer.

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

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

5. The aircraft will be operated within visual line of sight (VLOS) of the Pilot in Command 

(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 U.S. driver’s license.

6. All operations will utilize a visual observer (VO). The aircraft will be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times.

7. All operating documents needed to operate the UAS and will be accessible during UAS 

operations and made available to the Administrator upon request. The operator will also 

present updated and revised documents if it petitions for extension or amendment.

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

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

functional test flight prior to conducting further operations.

9. LJCAI is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation.
LJCAI Section 333 Exemption Page 5 9/23/2015

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

is in a condition for safe flight.

11. LJCAI will follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

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

bulletins.

13. The PIC will hold a UAS flight training certificate, in some cases training directly from 

the aircraft manufacturer, and 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.

14. LJCAI 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

to acquire aerial data, 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). LJCAI will operate flights for the purposes of training LJCAI PICs and 

VOs (training, proficiency, and experience- building) and determining the PIC’s 

ability to safely operate the UAS.

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

operations will be conducted under visual meteorological conditions (VMC).

16. The aircraft will not operate within 5 nautical miles of an airport reference point 

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports 

not denoted with an ARP, the center of the airport symbol as denoted on the current

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA.

17. The aircraft will not be operated less than 500 feet below or less than 2,000 feet 

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

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

pre-determined location.

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

20. The PIC will be prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough available power or fuel for the 

aircraft to conduct the intended operation and to operate after that for at least five 

minutes or with the reserve power or fuel recommended by the manufacturer if greater.

21. All operations shall be conducted in accordance with an ATO-issued COA if the 

blanket COA does not cover the intended operation.
LJCAI Section 333 Exemption Page 6 9/23/2015

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

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

with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

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

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

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

24. The aircraft will remain clear and give way to all manned aviation operations and 

activities at all times.

25. The UAS may be operated by the PIC from a moving device or vehicle; however, 

specific requests will be made via subsequent COA.

26. All flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the aircraft or debris in the event of an accident; or

b. The owner/controller/operator of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made an assessment of 

the risk of operating closer to those objects and determined that it does not present an 

undue hazard.

27. The PIC, VO, operator trainees or essential persons will not be considered 

nonparticipating persons under this exemption.

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

conducted with the 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.

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

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

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

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

on the NTSB Web site: www.ntsb.gov.
LJCAI Section 333 Exemption Page 7 9/23/2015

DESCRIPTION OF SPECIFIC REGULATIONS

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 LJCAI, 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 UAS. In all cases, an analysis of these criteria demonstrates that the UAS 

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(b): Marking of the aircraft

This regulation requires that certain experimental, provisionally certified aircraft, or light- sport 

category aircraft to be marked with letters between 2 inches and 6 inches high “limited”, 

“restricted,” “light-sport,” “experimental,” or “provisional,” near each entrance to a cabin, 

cockpit or pilot station. Even though the UAS will have no airworthiness certificate, an 

exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station

on which the word “Experimental” can be placed. Given the size of the UAS, 2 inch lettering

may be impossible. LJCAI will mark the UAS as practicable.

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the pilot operating the aircraft to have completed

a UAS flight-training course. Unlike a conventional aircraft that carries the pilot and 

passengers, the UAS is remotely controlled. The area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance. The risks associated with the 

operation of the UAS are so diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing operations of the UAS as 

requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).
LJCAI Section 333 Exemption Page 8 9/23/2015

14 CFR 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft LJCAI

contemplates operating, should this exemption be granted, no FAA regulatory standard will 

exist for determining airworthiness. Given the size of the aircraft and the operational restrictions 

put on the aircraft, an equivalent level of safety will be provided.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

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

on the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained 

by keeping the Operating Manuals at the ground control point where the pilot flying the UAS 

will have immediate access to it.

14 CFR 91.103: Preflight action

This regulation requires each pilot in command take certain actions before flight to 

ensure the safety of flight. An exemption is needed from this requirement, as the pilot will 

take separate preflight actions, including checking for weather conditions, checking flight 

battery or fuel requirements, checking takeoff and landing distances, and all other actions in the 

Operating Manuak and safety checklists. These actions will provide an equivalent level of 

safety.

14 CFR 91.109: Flight instruction

Section 91.103 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. By design, UAS 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 equivalent level of safety is provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft, the ability to control the UAS via radio signals from 

the controller and by the size and speed of the aircraft.

14 CFR 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The UAS will never 

operate at altitude higher than 400 AGL and all operations will occur during daylight hours 

under Visual Meteorological Conditions (VMC) only.

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

UAS as well as the location where it is operated. No flight will be taken without the
LJCAI Section 333 Exemption Page 9 9/23/2015

permission of the property owner. Because advance notice to the property owner and any onsite

personnel, as well as the precautions outlined below, all affected individuals will be aware of 

the planned flight operations.

Flight operations will be conducted at least 500 feet from all non-participating persons (persons 

other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and 

structures, unless operations do not present an undue hazard.

The UAS will remain within visual line of sight of the PIC or VO. Flight operations will be 

conducted at least 5 miles from an airport. The PIC or VO will provide notification to the local 

Flight Standards District Office and airport controller of all operations within 5 miles of an 

airport. The FAA will have advance notice of all operations through the filing of notices-toairmen.

Compared to flight operations with aircraft or rotorcraft weighing far more than the UAS 

proposed herein, any risk associated with our operations is far less than those presently 

presented with helicopters and other conventional aircraft operating at or below 500 feet AGL.

In addition, the low-altitude operations of the UAS will ensure separation between these UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings

This regulation requires each person operating the 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.” As the UAS may not have a barometric altimeter,

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of 

safety will be achieved by the PIC confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Relief 

from Section 91.151(a)(1) is requested to the extent required to allow flights of a variety of UAS 

during daylight hours in visual flight rules (VFR) conditions to continue until 90 percent of 

remaining battery power or fuel reserves remain. LJCAI seeks the requested relief because 

without an exemption from Section 91.151(a)(1), the flight time duration of the selected aircraft 

will be reduced and severely constrain the practicality of any aerial acquisition of data that 

LJCAI proposes to conduct pursuant to this Petition.

The technical specifications of the proposed UAS, their Operations Manuals, and

LJCAI’s proposed operating limitations, ensure that LJCAI will safely operate the selected

aircraft during daylight hours in VFR conditions until 90 percent of remaining battery

power or fuel reserves remain.
LJCAI Section 333 Exemption Page 10 9/23/2015

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration

The UAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. 

Therefore, there is no ability or place to carry certification and registration documents or to 

display them on the UAS. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the UAS will have immediate 

access to them, to the extent they are applicable to the UAS.

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (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 to LJCAI. Maintenance will be accomplished pursuant to the User 

Guide or Operating Manual. An equivalent level of safety will be achieved because these UASs 

are limited in size and will carry a small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise, the UAS can land immediately and will be operating 

from no higher than 400 feet AGL. The PIC will ensure that the UAS is in working order

prior to initiating flight, perform required maintenance and keep a log of any maintenance

performed. Moreover, the PIC is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of UASs for aerial acquisition of

data enhances safety while reducing risk. Manned aircraft in certain application such as 

pipeline monitoring create a greater risk because the aircraft are much larger and carry an

onboard human pilot. In contrast, a UAS weighing 55 pounds or less will carry no passengers or 

crew and, therefore, will not expose them to the risks associated with manned aircraft flights. In 

addition, additional streams of aerial data will allow large commercial entities to make decisions 

about how to best deploy ground resources and ensure the safety and cost-effectiveness of their 

operations.
LJCAI Section 333 Exemption Page 11 9/23/2015

EQUIVALENT LEVEL OF SAFETY

LJCAI proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate within the limitations listed herein. These limitations provide for 

at least an equivalent or even higher level of safety to operations under the current and proposed 

regulatory structure.

PRIVACY

All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Images or video taken of individuals will have consented to being 

filmed or otherwise they will be made anonymous.

NATIONAL SECURITY

Given the small size of the UAS involved and the restricted environment within which they

will operate, our petition presents no national security issue.

FEDERAL REGISTER SUMMARY

Docket No.: No. FAA-2015-

Petitioner: LJC Aerial Imagery LLC

Part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119,

91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 

14, Code of the Federal Regulations (14 CFR).

Description of Relief Sought: LJCAI is seeking an exemption to conduct commercial

acquisition of aerial data using unmanned aircraft systems.

Based upon the foregoing, LJCAI requests that the FAA grant it the necessary exemptions under 

Section 333 of the FAA Reform Act as requested herein to allow for commercial operations of 

UAS within the United States.
LJCAI Section 333 Exemption Page 12 9/23/2015

Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, LJCAI provides the 

following information:

Contact Information:

Lawrence Chestnut, CEO

LJC Aerial Imagery LLC

Someplace, Wyoming 90291 

(868) 767.8227

ljcai@ljcaerialimagery.com

Skype: ljchetsnut1 

Regulatory Provisions from which LJCAI seeks an Exemption

LJCAI believes it may need an exemption from the following provisions to conduct 

the contemplated operations. In some instances, relief is needed because relief from another 

provision renders compliance with the regulation at hand infeasible.

333 Aircraft Exemption Status

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113(a) & (b) 14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b) 14 CFR 91.405(a)

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

LJCAI believes an exemption is only needed from the above-listed regulatory

provisions. To the extent that the FAA believes that additional relief is required for LJCAI to 

conduct the operations described here, we request an exemption from any such regulatory

provisions as well.

The Extent of Requested Relief and the Reasons Relief is Needed

Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the 

requirement for an airworthiness certificate based on a consideration of the size, weight, 

speed, operational capability of the particular UAS, as well as its proximity to airports and 

populated areas. An analysis of these criteria demonstrates that the sUAS operated without

an airworthiness certificate in the areas and under the conditions contemplated by LJCAI

will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft)
LJCAI Section 333 Exemption Page 13 9/23/2015

operating with an airworthiness certificate without the conditions proposed in this request.

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates 

exclusively within a secured area. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and monitored by the operator and observer. Operations

will be conducted in compliance with the FAA and with local public safety requirements to

provide security for the area of operation as is now done with conventional equipment,

infrastructure, bridge and out building evaluation. These safety enhancements provide an

expanded degree of safety to the inspectors over conventional operations. Lastly, application

of these same criteria demonstrates that there is no credible threat to national security posed

by the sUAS, due to its size, speed of operation, location of operation, lack of explosive

materials and inability to carry a substantial external load.

Given the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, this meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§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 UAS 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 (fixed

wing or rotorcraft) operating with an airworthiness certificate without the restrictions and

conditions proposed.

14 C.F.R. §61.113(a) and (b) §61.113 Private pilot privileges and limitations: Pilot in 

command.

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

sUAV pilot certification may act as pilot in command of an aircraft that is carrying 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.

*****

LJCAI anticipates initially using a cadre of specially trained staff to conduct the sUAS 

operations. These individuals will not hold commercial pilot licenses. The sUAS will not carry

property for compensation or hire since they will be used solely to assist in evaluation of the 

infrastructure, equipment, right-of-way, assets, bridges, tunnels and out-buildings in furtherance 

of LJCAI’s client’s primary business, the successful operation of a infrastructure. The sUAVs 

will also be used for Damage Assessment, Infrastructure Maintenance, Disaster Relief, and 

Emergency Services Search and Rescue. The employees’ operation of the sUAS will not be 

incidental to their employment with LJCAI, and they will be compensated for such work. 

Without an exemption, the pilot would be required to hold a commercial pilot certificate under 
LJCAI Section 333 Exemption Page 14 9/23/2015

§61.133. However, the risk associated with the contemplated operations is less than the risk

posed by a traditional aircraft. The sUAS will fly at altitudes well below the permissible limits 

for other civil aircraft, eliminating the risk to other aircraft, and within

a geographical envelope under the sole control of LJCAI clients. Accordingly, the risk

would be limited to LJCAI personnel, who will be appropriately outfitted in safety gear, and 

LJCAI client’s property on the ground. Requiring a commercial pilot certificate would provide 

no appreciable safety benefit and would needlessly impose additional cost on LJCAI. Because 

the contemplated operations would not comply with §61.113(b)(1) and none of the other 

exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b).
LJCAI Section 333 Exemption Page 15 9/23/2015

14 C.F.R. 91.119(c)

§91.119 Minimum safe altitudes: General.

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

below the following altitudes:

***

(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.

*****

LJCAI submits that the only relief it requires from §91.119 is from the minimum altitudes listed 

in paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset 

evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since 

operations at this altitude also pose a heightened risk of collision with another aircraft, safety can 

only be assured through the grant of an exemption. The anticipated rotorcraft operations should 

be adequately addressed by paragraph (d) (1). Additionally, relief should not be needed from 

paragraph (a) because an emergency landing of the aircraft due to a power failure will not create 

an undue hazard to persons or property on the surface. As noted in the explanation of why an 

exemption will not adversely affect safety, LJCAI clients has exclusive use of the land over 

which the sUAS will be operated, and public access is restricted. It also has exclusive use of 

significant portions of land adjacent to the infrastructure and structures that will be the objects of 

evaluation and analysis. LJCAI’s Clients tightly control access to land and have the ability to 

assure that no individuals unassociated with the planned operations are on the affected land. As 

such, the risk of injury is minimal. LJCAI does not contemplate conducting operations over 

congested areas, so relief is not requested from paragraph (b).

14 C.F.R. 91.121

14 C.F.R. §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.”

*****

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on 

the GPS altitude indicator before flight. Altitude information will be provided to the sUAS

pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a

ground-based on-screen display. This altitude information will be generated by equipment

installed on board the aircraft, using GPS triangulation, or digitally encoded barometric

altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude

initiation point will be established and confirmed for accuracy by the pilot.
LJCAI Section 333 Exemption Page 16 9/23/2015

14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin 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.

(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.

*****

Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not raise 

the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the event it 

has to be flown to an alternate airport or circle the planned airport in the event of unanticipated 

conditions. LJCAI does not intend to use the sUAS for point-to-point flights and will not operate 

the sUAS beyond visual line of sight. Nor will the sUAS require an airport in order to land. 

Rather, LJCAI will operate the sUAS using pre-planned flight paths (taking into account weather 

conditions) designed to allow the sUAS to fly to the point of intended landing. As such, there is 

no need for a time- based excess fuel requirement. Rather it should be sufficient to require only 

as much additional excess flight capacity as necessary to safely land the sUAS. We believe that a

25% battery reserve is more than sufficient to meet this objective.

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) &

(b)

§91.405 Maintenance required.

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;

*****

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone maintenance, rebuilding, or alteration 

unless –

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

*****

§91.409 Inspections.

(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.

*****

§91.417 (a) & (b)

*****
LJCAI Section 333 Exemption Page 17 9/23/2015

LJCAI believes that an exemption from these three maintenance requirements is appropriate 

because the FAA has not developed maintenance standards that would allow an operator to 

meet the part 91 maintenance requirements. In particular, there are no individuals authorized 

by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the initial 

airworthiness and annual return to service inspections required by §91.409(a). LJCAI will 

maintain the aircraft as instructed in the owner’s manual and ASTM F2909, where applicable, 

and will not operate the aircraft until it has reasonably determined that any needed repairs have 

been made. However, because of the technical impossibility of meeting the requirements of 

§§91.405(a), 407(a), 409(a) and

417(a)&(b), we believe an exemption from these provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e-mail address 

provided above should you have any questions or concerns.

Respectfully submitted,

Lawrence Chestnut

CEO, ljc Aerial Imagery llc
LJCAI Section 333 Exemption Page 18 9/23/2015

Appendix A

Summary for Federal Register Publication

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

Federal Register should the FAA determine that publication is needed.

Petitioner: LJC Aerial Imagery LLC. (LJCAI) Sections of 14 C.F.R. 

Affected:

333 Aircraft Exemption Status

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113(a) & (b) 14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b) 14 CFR 91.405(a)

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

Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14

C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and

91.417(a)&(b) to conduct sUAS operations over LJCAI Client’s owned or controlled land, 

solely during daylight hours, to assist in the safe evaluation and analysis of infrastructure and 

operations. In general, sUAS operations are intended to be conducted in areas remote from both 

congested areas and airports. The nature of operations anticipated by LJCAI requires that the 

sUAS be flown at relatively low altitudes. LJCAI expects that in most instances, the sUAS will 

be flown less than 75 feet from the highest structure along the path of the sUAS and in no 

instances will be flown higher than 400

feet above the ground. Accordingly, the risk of interference with other aircraft is minimal.
LJCAI Section 333 Exemption Page 19 9/23/2015

Appendix B

1 3D Robotics Aero-M

2 3D Robotics Iris

3 3D Robotics Iris+

4 3D Robotics X8

5 3DRobotics Fixed Wing

6 3DRobotics Multirotor

7 3DRobotics Quadrotor

8 3DR Solo

9 3DR Spektre

10 3DRobotics Spektre Industrial Multi-Rotor Aerial Vehicle

11 3D Robotics Solo

12 3DRobotics X8+

13 3D Robotics X8-M

14 3D Robotics Y6

15 DJI Flame Wheel F450

16 DJI Flame Wheel F550

17 DAx8

18 DJI Inspire

19 DJI Inspire 1

20 DJI Inspire 2

21 DJI M P330z

22 DJI Phantom

23 DJI Phantom 2+

24 DJI Phantom 2 Vision

25 DJI Phantom 2 Vision+

26 DJI Phantom Vision +

27 DJI Phantom 3

28 DJI Phantom FC40

29 DJI Spreading Wings S900

30 DJI Spreading Wings S1000

31 DJI Spreading Wings S1000+

32 DJI S800

33 DJI S800 EVO

34 DJI T600

35 Draganflyer Guardian

36 Draganflyer X4ES

37 Draganflyer X4P

38 Draganflyer X6

39 Parrot Bebop drone
LJCAI Section 333 Exemption Page 20 9/23/2015

40 Parrot PF 725100 Bebop Drone 14MP

41 Parrot Skycontroller

42 Patriot X4

43 Patriot X8

44 Precision Drone Pacesetter

45 PrecisionHawk

46 PrecisionHawk Hawkeye Mk-III

47 PrecisionHawk Lancaster

48 Precision Lancaster MK3

49 SenseFly eBee

50 SenseFly eBee RTK

51 SenseFly eXom

52 Tarot FY690S Hexacopter

53 Tarot quadcopter

54 Tarot 680pro

55 Tarot 690

56 Tarot 900

57 Tarot 960

58 Tarot T-15

59 Tarot T15 C/F Folding Octocopter

60 Tarot T18 UAV

61 Tarot T690

62 Tarot T810

63 Tarot T960

64 VA03-v1

65 VA04-v1

66 VA07-v1

67 Viking UAS Multicopter (VTOL)

68 Viking UAS FF-X4/X8

69 VK-Patriot X4/X8

70 Viking UAS Patriot X4/X8 Multirotor

71 Viking UAS X6 Model 800

72 Viking UAS Viking ONE

73 VK-450

74 Viking Unmanned Aerial Systems, LLC AgriView VK Ranger EX

75 Viking VK-FF-X4

76 VK- Ranger EX- SAR Fixed Wing UAS

77 Vulcan frame controlled by a DJI A2 flight controller

78 Vulcan Mantis

79 Vulcan Octocopter

80 Vulcan Raven
LJCAI Section 333 Exemption Page 21 9/23/2015

81 Vulcan UAV
LJCAI Section 333 Exemption Page 22 9/23/2015