AW Aerial Imaging

 31031 Underwood Rd

 Walkerton, IN 46574

 574-276-5469

 allinw@gmail.com

January 20, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave

SE Washington, DC 20590

Dear Sir or Madam:

This application is being submitted on my 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, AW Aerial Imaging, operator of Small Unmanned Aircraft Systems 

(“SUASs”) equipped to conduct aerial photography and videography, hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation 

of its SUASs, 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 333.1.

As described more fully below, the requested exemption would permit the operation of small, 

unmanned,and relatively inexpensive SUAS under controlled conditions in airspace that is 1) 

limited, 2) predetermined, and 3) controlled. The proposed exemption, if granted, would allow 

AW Aerial Imaging to conduct commercial operations of small unmanned aircraft systems 

(“UAS”) meeting or exceeding all of the operational and safety requirements that Congress has 

set forth in Section 333.

AW Aerial Imaging is an image processing company that plans to exploit the capabilities of 

Unmanned Aerial Systems to safely offer a multitude of services, including:

- Aerial surveying

- Event Photography/Videography

- Agriculture purposes

- Real Estate Photography
- Aerial filmmaking and photography

- Educational and research operations

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft 

Systems,”provides a mechanism for seeking expedited FAA authorization of safe civil UAS 

operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned 

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

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance 

required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 

333 provides a mechanism for “expedited operation authorization” if several factors are met. 

Petitioner meets all requirements to permit FAA approval of commercial UAS operations. The 

Petitioner Requests Relief from the Following:

Regulations 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. 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

2

14 C.F.R. 91.151(a)

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

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)
Unmanned Aircraft System SUASs are oftentimes seen as superior to helicopters due to the 

smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much 

smaller environmental impact which promotes public safety. We are petitioning for exemption 

to enable AW Aerial Imaging to operate a DJI Phantom 3 Professional equipped with three-axis 

gimbals and using High-Def. cameras. 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 3 

Professional 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 point and 

will land safely.

The above specifications meet with the Model Aircraft Operating Standards as set below:

• AW Aerial Imaging will only operate its SUAS in line of sight of a pilot and/or observer 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 SUAS will "not create a hazard to 

users of the national airspace system or the public."

• When flying SUAS within 3 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 25 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 25 

minute limit.

• The SUAS will be programmed so that it will not be operated at an altitude of no 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 Visual Observer.

• 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 adhere to the Reform Act's safety requirements.
The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel, it operates at lower altitudes with no people on board and will 

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximum flight time of only 25 

minutes, this offers little or no risk to national security. Low level oblique photos and video 

from several angles are far more effective than ground based imagery for displaying the 

characteristics of large, complex properties with several buildings and large trees. The 

applicants in the past have chartered 2-seat full-sized helicopters for this purpose, which has 

proven more costly than many potential clients have been able to afford. The benefits of 

reduced cost and improved quality of presentation from the UA will be valuable to and benefit 

many buyers and sellers of real estate property. Additionally, we request that we be allowed to 

use our system to benefit first responders nearby who might require assistance, including 

firefighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this 

application as we do so.

a. No flight will be made with a Gross weight exceeding 55 pounds;

b. All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at an airspeed 

of no more than 25 knots and no further than 3/4 NM from the PIC;

c. All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation;

d. Operations will be restricted to flights over private property with the permission of the 

property owner;

e. All required permits will be obtained from state and local government prior to operation;

f. AW Aerial Imaging will not operate over densely populated areas;

g. AW Aerial Imaging will not be operating over any open-air assembly of people;

h. AW Aerial Imaging will not be operating over heavily trafficked roads;

i. AW Aerial Imaging will not be operating within 5 NM of an airport or heliport;

3

We respectfully request exemption under Section 333 to enable AW Aerial Imaging to operate 

efficient, limited, low-risk commercial SAUS operations for the activities stated respecting at all 

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

Sincerely,

Allin Walbert-Owner AW Aerial Imaging