Aerial Electronics LLC

77 20th Street

Wellsburg, WV 26070

aerialelectronicsvs@gmail.com

412-204-6711

October 10, 2015

US Department Of Transportation

Federal Aviation Administration

800 Independence Ave SW

Washington DC 20591

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012(the reform act) and 

CFR Part 11, Aerial Electronics LLC, owner and operator of Small Unmanned Aircraft Systems

(UASs), request to be exempted from the Federal Aviation Regulations (FAR) listed below so

that Aerial Electronics LLC may operate UASs commercially in airspace regulated by the FAA., 

as long as such operations are conducted within and under the conditions outlined herein or as 

maybe established by the FAA as required by Section 333. Aerial Electronics LLC is owned by 

Daniel L. Otto. All operations will be directly overseen and/or operated by Daniel L. Otto who 

holds a private pilot’s certificate #2761492.

All operations will be performed with the public’s safety and right to privacy safe guarded at all 

times. As described below, the requested exception would permit the operation of light weight 

(less than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial use by 

a certified private pilot thereby enhancing safety and fulfilling the Secretary of Transportation’s ( 

the FAA Administrator’s) responsibility to ”establish requirements for safe operation of such 

aircraft systems in national airspace systems.” Section 333(c), of the Reform Act.

Aerial Electronics LLC UAS is a rotorcraft weighing less than 55 pounds including payload. 

(The DJI Phantom 2 Quad Copter) It operates at a speed less than 50 knots and has the capability 

to hover and move in the vertical and horizontal plane simultaneously. It has an auto return 

mode that can be activated from remote control or is automatic when battery power is under 

25%, if signal is lost between remote control and UAS or multiple GPS signals are lost.

The UAS will operate within the line of sight with in a protected flight area as described below 

and at 400 feet AGL or less. These operations will not create a hazard to users of the national

airspace, public nor the environment.

Aerial Electronics LLC respectfully requests the grant of an exception to the following specific 

sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs for 

commercial use.14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 

(b), 91.109, 91.119, 91.121,91.151,(a), 91.203(a) &(b),91.405(a),91.407(a)(1), 91.409(a)&(b).
Aerial Electronics LLC submits this application in accordance with the Reform Act ,112 P.L. 95 

331-334, seeking relief from any currently applicable FAR’S operating to prevent Aerial 

Electronics LLC future commercial use of small UASs to operate in the national airspace system 

as described below. The reform Act section 332 provides for such integration of civil unmanned 

aircraft into our national airspace system as it is in the public’s interest to do so. Aerial 

Electronics LLC UAS meets the definition of “small unmanned aircraft” as defined in Section 

331 and therefor the integration of these UASs are expressly contemplated by the Reform Act. 

Aerial Electronics LLC would like to operate its light weight UAS prior to the time period by

which the Reform Act requires the FAA to promulgate rules governing such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in national airspace before completion of the rule making 

required under Section 332 of the reform Act. In making this determination, the Secretary of 

Transportation is required to determine which UASs do create a hazard to users of the national 

airspace system or the public or pose a threat to national security in light of the following:

• The UASs size, speed, weight and operational capability.

• Operation of the UASs in close proximity to airports and populated areas.

• Operation of the UASs within visual line of sight of the operator.

Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in 

National Airspace System, the secretary shall establish requirements for the safe operation in 

national airspace.

Aerial Electronics LLC will operate rotorcraft weighing less than 55 lbs. and operate at speeds 

less than 50 knots and have the capability to operate in the vertical and horizontal plane 

simultaneously. The UAS will operate only within the line of sight of the operator within a 

protected flight area and at 400 feet AGL or less. These will not present a hazard to the national 

airspace nor the public.

The very small nature of these UASs combined with the safe guards presented

below, will allow for the safe operation greater than that envisioned by Congress for the FAA to 

establish and by exemption allow commercial operations of UASs to commence immediately. 

Also due to the size of UASs and the areas and altitudes they will operate approval of this 

exception presents no national security issues and absolutely minimal safety concerns which 

have been mitigated through our rigorous risk management process. Given the clear direction 

given in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as 

amended, the strong equivalent level of enhanced safety, reduced emissions utilizing UASs 

verses traditional aircraft as well as the economic impact of greatly reducing the cost of aerial 

photography thereby benefiting the greater public’s interest. Accordingly, the applicant requests 

that the FAA grant the requested exemption without delay.

The following will be considered as the binding limitation on operations of Aerial Electronics 

LLC:

1. Flights will be operated in the line of sight of the operator( PIC)
2. Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” 

by manufacturers recommendations.

3. The UAS will weigh less than 55 lbs.

4. Flights will be operated at 400 feet AGL or less.

5. Crew will be at a minimum of operator(PIC) and/or camera operator(VSO).

6. Operator and/or crew will remain in contact during the flight operation.

7. The UAS operator will perform a check of the flight area and make certain of the safety 

of all persons in the area,

8. All required FAA clearances, will be obtained and distances from airports strictly 

observed.

9. All UAS will have the capability to return automatically to the operator in a safe manner 

with the auto return function checked and working.

10. Flights will only operate in VFR conditions.

11. UAS has a function on the control to tell operator the distance away from the operator 

and its battery power remaining.

12. Flight team will communicate by voice and the use of two-way radio if the area is too big 

to hear voice from all team members.

13. When operating over or near a body of water the UAS will be equipped with flotation 

devices so that recovery can be made as to prevent lithium battery exposure to the water 

table.

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of 

operations for Aerial Electronics LLC UAS flights permits exception from Part 21 because they 

meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is 

authorized to exempt aircraft from the airworthiness certificate requirement under both the Act

(49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA 

to exempt UASs from airworthiness certificates in consideration of weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. Aerial 

Electronics LLC meets or exceeds each of these elements. 

As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA for 

flights at or under 200 AGL to any UASs operator with a section 333 exemption.

14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and

registrations. These are inapplicable for the same reasons stated above. Any certifications and 

registration information will be maintained at the corporate

address.

14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness

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

FAR’s this regulation is inapplicable.
14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or 

passengers, and given the size of the UAS this regulation is inapplicable.

The FAA has previously issued exemptions to this regulation in Exemptions No’s

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827.

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It 

allows helicopters to be operated at lower altitudes in certain conditions. Aerial Electronics LLC 

will only operate its UAS at or below 400AGL. It will be operated on a will defined AOR that 

has been carefully reviewed for hazards and minimizes the presence of any persons not essential 

for these operations. Flights will only be over private property that the owner has consented and 

all persons within this video area also give consent for this filming. Compared to flight

operations of conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs., 

operating below 500 AGL with flammable fuel UASs operations present a far smaller risk to the 

public.

Approval of these 333 Exemptions allowing commercial operations of small UASs in the service 

of aerial photography will greatly enhance safety by reducing the overall risk associated with 

traditional aircraft. Traditional aerial photography requires large aircraft with flammable fuel to 

fly in close proximity of populated areas and people in general. With the use of small UASs of 

55 lbs. or less, battery operated and fling below 200 feet AGL the risk of injury of people on the 

ground or the crew has been reduced or almost erased. The granting of the use of these small 

UAS by Aerial Electronics LLC will give the people and business another avenue to express 

themselves and to have a video record to share with clients, family and or friends.

Granting Aerial Electronics LLC the above exemption will allow for the expansion of UAS 

systems into the future for the safe conduct of free enterprise and the enjoyment of the masses.

Aerial Electronics LLC, respectfully requests the FAA grant its exception without delay. The 

FAA has the authority to issue the exemption sought by Aerial Electronics LLC pursuant to the

Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincerely,

Daniel L. Otto

President 

Aerial Electronics LLC

77 20th Street

Wellsburg, WV 26070

aerialelectronicsvs@gmail.com

412-204-6711