June 30, 2015

Exemption No. 11939

Regulatory Docket No. FAA–2015–1398

Mr. Luis Robles

CEO

AerialZeus, LLC 

1325 Howe Avenue, Suite 213

Sacramento, CA 95825

Dear Mr. Robles:

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 28, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of AerialZeus, LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to collect remote sensing 

data and conduct near- infrared, infrared, and high resolution aerial imagery to the California 

Department of Transportation.

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 an Event E384.
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 

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, AerialZeus, 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 

 

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.
3

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.

Conditions and Limitations

In this grant of exemption, AerialZeus, 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 Event E384 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 
4

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

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.
5

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.
6

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.
7

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.
8

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

AerialZeus, LLC’s Petition for Exemption for the Event 38

E384

Unmanned Aerial System

FAA Rules Docket:

Submitted on April 28, 2015

Luis Robles, CEO

AerialZeus, LLC

1325 Howe Avenue, Suite 213

Sacramento, California 95825

Phone: 916-768-4109

Email: luis.robles@AerialZeus.com
2

Table of Contents

Petition Summary....................................................................................................3

Background .........................................................................................................3,4

Statutory Authority .............................................................................................7-12

Basis for Petition.................................................................................................13-24

CONFIDENTIAL INFORMATION 

Team Profile .........................................................................................Appendix A

AerialZeus-Organizational Chart..................................................... Appendix B

Whitepaper-Multispectral Analysis..................................................Appendix C

E384 Operations Manual ..................................................................... Appendix D

E834 Maintenance Manual ................................................................... Appendix E

Event 38 Training Syllabus ...................................................................Appendix F

Event 38 Certification for Luis Robles..............................................Appendix G

Pilot Log for Luis Robles..................................................................Appendix H

George Mason University.................................................................Appendix I

University of Minnesota...................................................................Appendix J

Tetracam Training.............................................................................Appendix K
3

A. Petition Summary

Pursuant with Section 333 of the FAA Modernization and Reform Act of 2012, 

AerialZeus, LLC (AerialZeus) requests exemption from the following Federal Aviation 

Regulations that are found under Title 14 of the Code of Federal Regulations (CFR): Part 21 

Subpart H, 45.23 (b), 91.7 (a),

91.9 (b), 91.103, 91.109, 91.119, 91.121, 91.151 (a), 91.203 (a) (b), Part 91 Subpart E (91.401-

91.417). AerialZeus seeks expedited approval and exemption from the CFRs listed above in

order to operate the E384 Unmanned Aircraft System (UAS) for the purpose of providing

Near Infrared (NIR), Infrared and high resolution aerial imagery to the California 

Department of Transportation (Caltrans), a state agency in charge of highway, bridge and rail 

transportation planning, construction and maintenance. Moreover, AerialZeus will provide 

remote-sensing data to other state agencies, federal entities, private contractors and 

subcontractors with the intent of assisting with Mitigation and Monitoring of Environmental 

Projects throughout the State of California. The operation of the E384 by AerialZeus will

follow strict operational limitations, and adhere to the highest standards of security and 

privacy, as outlined in this document and all recommendations by the FAA.

B. Background

1. AerialZeus, LLC

AerialZeus is an Engineering Consulting company located in Sacramento, 

CA that provides Engineering-analysis, by collecting, monitoring, and reporting of

geographic data captured via remote sensing payloads aboard unmanned, fixed wing

aircraft.

Our organization is composed of highly experienced and skilled Scientists and 
4

Engineers that understand technology well. (Appendix A- Team Profile & Appendix 

B-Organizational Chart) Our diverse team has extensive experience on 

photogrammetric-analysis, and remote sensing, as we have performed pro-bono-aerial 

Infrared data to the University of California at Davis (UC-Davis) and the United 

States Department of Agriculture (USDA). The information collected has been 

processed by our team via AerialZeus' proprietary software (Appendix CWhitepaper-Multispectral Analysis). UC-Davis and the USDA have later used this 

information to provide concise advice to vineyard growers in Amador County in 

California for precise fertilizer, pesticide, herbicide and water applications. 

Therefore through this unique experience, our team at AerialZeus has logged 

100's of hours collecting, processing and reporting our findings. 
5

2. E384

The E384 UAS is manufactured by Event 38 located in Akron, Ohio. The

system consists of a lightweight battery operated aircraft, ground control station, and 

associated data link equipment. The E384 airframe is constructed of EPO foam with a 

carbon fiber tail and weighs 5.9 lbs. with a wingspan of 6.2 ft. and total length of 4.3

ft. The E384 is powered by two lithium polymer batteries that drive an electric 

propeller. It is hand launched, has maximum flight time of 100 minutes, and operates 

at a cruising speed of 27 mph. The ground control station consist of a Turnigy 9XR 

remote and PC computer which have a maximum data link range of 5.4 NM. If the 

E384 loses link with the ground control station or detects a low battery state at any

time it will initiate a return-to-launch sequence.

The E384 has extensive flight experience and a history of operational success 

overseas, including flights by over one hundred professional operators on 6 continents. It 

has been used in Uganda to survey potential land for the construction of a hydroelectric 

power plant. It has also been used in Greece by the National Technical University of 

Athens to study open-pit mining. In Belize the Fishery Department started routine flights 

with the E384 to track illegal fishing in protected waters. More recently in the United 

States the E384 was flown over three days at the Cleveland Air show, demonstrating its 

ability to safely integrate and operate in the NAS.

(please see picture below) 
6

For additional information on the E384, reference Appendix D (E384 

Operations Manual) and Appendix E (E384 Maintenance Manual), which specify

manufacturing information, aircraft performance, operating limits, normal and 

emergency procedures, fail-safe features, and maintenance and inspection

procedures.
7

C. Statutory Authority

1. FAA Modernization and Reform Act of 2012, Section 333

Section 333 (a) states that the FAA “shall determine if certain unmanned aircraft 

systems may operate safety in the national airspace system before completion of the plan 

and rulemaking required by Section 332”. Section 333 (b) then lists several factors that 

should be considered in determining which UAS’ would be eligible for expedited 

integration into the National Airspace System (NAS). Specifically UAS’ that “as a result 

of their size, weight, speed, operational capability, proximity to airports and populated 

areas, and operation within visual line of sight do not create a hazard to the users of the 

national airspace system or the public, or pose a threat to national security”. If a UAS 

meets the criteria laid forth in Section 333 (b), Section 333 (c) then gives the FAA the 

authority to decide if an airworthiness certification as specified by Title 49 United States 

Code, Section 44704 is even required for operation. Section 333 (c) specifically states 

that the FAA can determine “whether a certificate of waiver, certificate of authorization, 

or airworthiness certification under section 44704 of Title 49, United States Code, is 

required for the operation of unmanned aircraft systems”. Thus, the FAA has the ability 

to allow a UAS that meets the criteria put forth in Section 333 (b) to operate within the 

NAS without an airworthiness certification as long as the UAS does not pose any hazard 

or threat to the NAS, public, and national security.
8

2. How AerialZeus meets the criteria laid forth in Section 333

Below are the criteria laid forth in Section 333 (b) and a detailed description of 

how AerialZeus meets each of these criteria.

a. Size, Weight, and Speed

The E384’s foam airframe weighs 5.9 lbs., has a 6.2 ft. wingspan, length 

of 4.3 ft., and operates at cruising speeds of 27 mph. This small, lightweight 

aircraft that operates at relatively slow speeds will poses little to no hazard to 

people or structures on the ground, thus making it an exponentially safer 

alternative to manned, fixed wing aircraft for aerial imaging.

b. Operational Capability

The primary function of the E384 is to provide aerial imagery using one of 

two interchangeable geo-reference still cameras. High resolution data generated 

from these cameras offer a wide range of applications through analysis, such as 

biomass estimation, yield monitoring, leaf area indexing and overall plant health.

The E384 is hand launched on-site, requiring no runway for take-off and 

landing and no transit to and from the site. Once airborne, the E384 will fly at an 

altitude of 400 ft. AGL or less over the designated agricultural plot. Prior to flight, 

the Pilot in Command (PIC) sets a designated flight area and flight parameters to 

ensure that the E384 will remain within the confines of the approved site and not 

exceed a maximum altitude 400 ft. AGL. If a critical issue such as a low battery 

state or a loss of data-link is detected at any time the E384 will immediately
9

execute a return-to-launch sequence (Reference Appendix D). The E384’s small 

operational footprint and built-in safety protocol provide a much safer alternative 

for aerial imaging and would pose a minimal hazard to the NAS or public.

c. Proximity to Airports/Populated Areas

The E384 will only operate over unpopulated areas for the purpose of 

collecting aerial imagery. AerialZeus will not perform flyovers within 5 NM from 

any commercial airports. The E384 will also operate at an altitude of 400 ft. 

AGL or less, and as a result will be laterally de-conflicted from manned aircraft 

operations. By operating at low altitudes over environmental sites, the E384 will

pose no threat to individuals or structures on the ground and will remain well 

clear of any and all air traffic.

d. Visual Line of Sight (VLOS)

The E384 will be flown in accordance with day Visual Flight Rules (VFR) 

and only in Visual Meteorological Conditions (VMC) during day-light hours. The 

E384 will operate within 1 NM and VLOS of the PIC (and the Safety Observer 

positioned next to the PIC) at an altitude 400 ft. AGL or less. The Safety Observer 

will be responsible for ensuring that the E384 remains within VLOS at all times 

and will also assist in spotting potential hazards.
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3. Other Relevant Factors

a. Operational Limitations

AerialZeus has established the following operational limitations for

E384 flights over designated Environmental sites.

o E384 flights are only permitted over designated Environmental sites

o The E384 will operate at or below 400 ft. AGL

o The E384 will operate within 1 NM and within VLOS of the PIC and

Safety Observer

o The Safety Observer will be located next to the PIC and will ensure 

the aircraft remains within VLOS and assist in spotting potential 

hazards

o The E384 will operate in accordance with Day Visual Flight Rules and 

only in Visual Meteorological Conditions during daylight hours

o The duration of each E384 flight shall not exceed 100 minutes

o All take-off and landings will occur on-site in accordance with the

E384 Operations Manual (Reference Appendix D)

o E384 flights will avoid direct overflight of any office or maintenance 

buildings located on-site

o AerialZeus' employees working on-site will be thoroughly briefed on

E384 operations prior to operations commencing

o E384 operations will be conducted by AerialZeus' employees who 

have completed Event 38’s Training Program (Reference Appendix

F), and have considerable aeronautical and spatial knowledge 

( Appendices G, H, I, J & K) 
11

o E384 flights will be cancelled in the event that any aircraft or ground 

control station equipment is inoperative or not fully functional

o If the PIC or Safety Observer spot a potential hazard, such as a 

manned aircraft within close proximity to the designated flight area, 

the PIC will immediately land the E384 and operations will only

resume after the hazard is clear of the area

o All E384 maintenance will be accomplished in accordance with the

E384 Maintenance Manual (Reference Appendix E)

o Only one E384 will be airborne at any given time for each designated

Environmental site

o The PIC will file a NOTAM for E384 flights at each 

Environmental site, providing at a minimum radial/DME, radius, 

and a date/time group

AerialZeus will be bound by these limitations for commercial flights after 

FAA approval of the exemptions laid forth in this petition. AerialZeus will also 

follow any guidance from the FAA in accordance with Sec 333 (c) which states 

that after determining if a UAS meets the criteria for safe operation that the FAA 

“shall [also] establish requirements for the safe operation of the” UAS in the

NAS.
12

b. Environmental Sites

There is an urgent need to provide reliable imagery: infrared, near 

infrared, thermal, multispectral and hyperspectral in an economical and prompt 

fashion. The state of California is in dire need of strictly monitoring its natural 

resources now more than ever. The scarcity of water, due to a severe drought, has 

placed a great deal of stress in the local flora and fauna. Add to this, the impact of 

human interaction, and you have a recipe for disaster. These sites are 

Environmental plots where flora and fauna are monitored by scientists in an effort 

to preserve local plants and animals, as well as to mitigate the impact of human 

interaction, primarily due to construction of infrastructure and housing. A few 

small office and maintenance buildings might be found at several of these sites 

and AerialZeus will ensure all E384 operations avoid over-flight of these

structures. In addition to this, AerialZeus will verify that there are no commercial 

airports within 5 NM and no general aviation airports within 3 NM of these sites.

AerialZeus seeks approval to operate at future Environmental sites that meet the 

following criteria: 1) site is owned and operated by Caltrans and/or other 

state/federal agency, 2) site consists of Environmental plots, 3) no commercial 

airports are within 5 NM of the site, and 4) no general aviation airports are within 

3 NM of the site. AerialZeus will also comply with any additional requirements 

or restrictions the FAA may have for E384 operations at future sites for which 

AerialZeus will provide precise GPS coordinate prior to any project. 
13

D. Basis for Petition

1. Name and Address of the Petitioner

AerialZeus, LLC, Attention: Luis Robles, CEO & Co-Founder

1325 Howe Avenue, Suite 213

Sacramento, CA 95825

Phone: 916-768-4109

Email: luis.robles@aerialzeus.com

2. Specific Sections of 14 CFR from which AerialZeus Seeks Exemption

Below are the sections from which AerialZeus seeks exemption, with specifics 

on the extent of relief sought, reason for relief, and why exemption would not adversely

affect safety.

a. Part 21 Subpart H – Airworthiness Certification

Part 21 Subpart H establishes the requirements for the issuance of an 

airworthiness certificate. AerialZeus seeks complete exemption from Part 21 

Subpart H pursuant with Section 333, which authorizes the FAA to exempt a

UAS from the requirements of an airworthiness certificate based on 

consideration of the following: size, weigh, speed, operational capability, 

proximity to airports and populated areas, and operation within VLOS.

An equal level of safety will be achieved with the operational limitations 

established in this document (Reference B.3.a) for all AerialZeus' E384 flights.
14

Specifically that all flights will occur within VLOS of the PIC and Safety 

Observe, at an altitude of 400 ft. AGL or less, and only over designated 

agricultural plots. As a result the E384 can safely operate without creating a 

hazard to any other aircraft, people, or structures on the ground.

b. 45.23 (b) – Marking Requirements

45.23 (b) requires aircraft to display the roman capital letter “N” with 

registration number and the words “restricted”, “light-sport”, “experimental”, or 

“provisional”, as applicable, on the entrance to the cabin, cockpit, or pilot station 

in lettering that is between 2 in. and 6 in. in height. The E384 is unmanned and 

thus has no cabin, cockpit, pilot station, or entrance on which these required 

markings could be displayed. In addition, AerialZeus may not have a registration 

number assigned by the FAA. As a result AerialZeus seeks full exemption from 

this regulation. AerialZeus will to the maximum extent possible comply with the

location requirements of 45.27 (a) and the size requirements of 45.29 (f).

AerialZeus specifically proposes to put the word “EXPERIMENTAL” in 

the largest lettering possible on the fuselage of the aircraft in accordance with 

45.29 (f) “if no surface authorized to be marked by 45.27 is large enough for fullsize marks, marks as large as practicable must be placed on the largest of the

authorized surfaces”. AerialZeus also proposes placing a flag at the ground

control station with the words “EXPERIMENTAL UAS” in 3 in. lettering.
15

An equal level of safety would be maintained by displaying the word 

“EXPERIMENTAL” on the fuselage of the aircraft and by placing a flag at the 

ground control station with the words “EXPERIMENTAL UAS”. Since the E384 

will always be within VLOS of the PIC (positioned at the ground control station) 

and flown at a low altitude (400 ft. AGL or less) the markings on the airframe and 

the flag located at the ground control station would allow all parties to visually be 

informed of the UAS’ operating status.

c. 91.7 (a) – Civil Aircraft Airworthiness

91.7 (a) states that “no person may operate a civil aircraft unless it is in an 

airworthy condition” AerialZeus seeks full exemption from this regulation, since 

AerialZeus will achieve a high level of safety by using E384 Operations Manual 

and Maintenance Manual (Appendix D and E) which contain pre-flight protocol 

for each flight, safety checks, and comprehensive maintenance procedures. In 

addition the E384 has already demonstrated the ability to fly safely in the NAS at 

the Cleveland Air-show, and thus is airworthy.

d. 91.9 (b) – Civil Aircraft Flight Manual in the Aircraft

91.9 (b) states that no person may operate an aircraft unless there is a 

current approved flight manual for the aircraft onboard. The E384’s small and 

lightweight airframe is not physically capable of carrying an aircraft flight manual 

onboard. In addition to this the E384 is unmanned, and the PIC is located at the
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ground control station. AerialZeus thus seeks exemption from the requirement to 

carry the aircraft flight manual onboard. AerialZeus instead proposes that the 

E384 Operations Manual (Reference Appendix D), which contains information 

normally found in an aircraft flight manual, be kept at the ground control station 

where is readily assessable to the PIC and Safety Observer for reference.

If it were physically possible for these required documents to be placed 

onboard the aircraft, the PIC and Safety Observer would have no means of 

accessing the information due to the fact that E384 is unmanned with no aircrew 

onboard. Therefore, an equal level of safety will be meet by keeping the E384

Operations Manual at the ground control station where it will be readily 

accessible (within arm’s reach) to the PIC who is operating the aircraft, thus 

meeting the intent of the regulation.

e. 91.103 – Preflight Action

91.103 requires that the PIC be familiar with specific information before 

each flight such as weather, forecast, and fuel requirements. In addition to this the 

PIC must be familiar with information found within the approved flight manual 

relating to aircraft performance and take-off and landing distances. Due to the fact 

that the E384 has no FAA-approved flight manual AerialZeus seeks exemption

from this regulation. AerialZeus proposes to use the E384 Operations Manual 

(Reference Appendix D) in lieu of an FAA-approved flight manual. This 

publication has extensive pre-flight checklists that include reviewing weather, 

battery requirements, take-off and landing distances, and aircraft performance

data.
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The information found in the E384 Operations Manual is comparable to 

the information found in a FAA-approved flight manual, to include a 

comprehensive step-by-step pre-flight checklist. As a result an equal level of 

safety will be maintained by the PIC using this publication, which addresses the 

items listed in 91.103.

f. 91.109 – Flight Instruction

91.109 states that “no person may operate a civil aircraft that is being used 

for flight instruction unless that aircraft has fully functioning dual controls”. The 

E384 is operated by the PIC through a ground control station that communicates 

with the aircraft via line of sight (LOS) transmissions. The E384 by design does 

not have fully functioning dual controls and as a result AerialZeus seeks 

exemption from this regulation.

Exemption from this regulation requiring dual controls will not create a 

safety hazard because the E384 is unmanned and does not carry a pilot or 

passengers on board. In addition the E384’s small size and foam airframe is 

significantly less hazardous to persons and structures on the ground than a

manned, fixed-wing aircraft. Because the E384 ground control station consist of a 

RX9 controller and PC computer, it will be accessible to both the Instructor and 

Student at all times. The “controls” can in essence be passed back and forth 

between the Instructor and Student, achieving an equivalent level of safety as 

having two sets of controls.
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g. 91.119 – Minimum Safe Altitude

91.119 establishes the minimum altitude that civil aircraft may safely 

operate at. 91.119 (c) specifically states that over “other than congested areas” a 

civil aircraft cannot operate below an “altitude of 500 feet above the surface, 

except over open water or sparsely populated areas (and) in those cases, the 

aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure”. The sole function of the E384 is to fly at low altitudes over 

Environmental Monitoring plots, which can be categorized as “other than

congested areas”. Small UAS’, like the E384, by design are typically flown at 

altitudes of less than 500 ft. AGL and in close proximity to the PIC and Safety

Observer to maintain VLOS. AerialZeus has established operating limitations to 

achieve the highest level of safety, specifically that the E384 will not operate

above 400 ft. AGL and that the E384 will remain within VLOS of the PIC and 

Safety Observer. For these reasons AerialZeus seeks exemption from this 

regulation.

In addition, the E384’s small size and foam airframe is significantly less

hazardous to persons and structures on the ground than a manned, fixed-wing

aircraft providing the same service. Also by operating at an altitude of 400 ft.

AGL or less the E384 will be laterally de-conflicted from manned aircraft that are

subject to this minimum safe altitude regulation and thus an equal if not greater

level of safety will be maintained.
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h. 91.121 – Altimeter Settings

91.121 requires aircraft to maintain a cruising level or flight level in 

reference to a current reported altimeter setting. The E384 is not equipped with a 

programmable altimeter but rather determines location and altitude via an onboard 

GPS. Also since the E384 will be operating at or below 400 ft. AGL, there is no 

need to maintain hemispherical cruising altitudes for de-confliction with manned 

aircraft. For these reasons AerialZeus seeks exemption from this regulation.

An equal level of safety will be achieved through the E384’s GPS, which 

provides altitude and location data to the PIC via the ground control station. The 

E384 Operations Manual specifically addresses checking the GPS read-out to 

ensure that it’s within tolerance prior to commencing flight operations. This, 

combined with the fact that the aircraft’s altitude will be visually monitored by

the PIC and Safety Observer, ensures an equal level of safety is attained in lieu of 

referencing an altimeter setting. Furthermore by operating at or below 400 ft. 

AGL the E384 will not create a hazard to any manned aircraft maintaining 

hemispheric cruising altitudes based on a current altimeter setting.

i. 91.151 (a) – Fuel Requirements for Flight in VFR Conditions

91.151 (a) states that no person may begin a flight in Day VFR conditions 

unless there is enough fuel to fly to the intended landing point and fly for 30 

minutes after that point is reached. The E384 is battery operated and does not

carry fuel. It has a maximum flight time of 100 minutes on fully charged batteries. 

Compliance with the regulation would leave the E384 with 70 minutes of flight 

time. 70 minutes of flight time would be sufficient enough to accomplish the task
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of imaging the designate agricultural plot but this restriction is not necessary due 

to the fact E384 has the ability to land anywhere. Therefore, AerialZeus seeks

full exemption from this regulation because the risk or danger associated with

failing to reach a safe landing point with 30 minutes of extra “fuel” does not 

exist. The E384 does not have to return to a “landing point” but rather can be

safely put down anywhere over any Environmental site.

An equal level of safety will be maintained simply by the fact that the 

E384 is designed to safely land anywhere over any Environmental site in the

event that the battery is exhausted. Any risk associated with battery duration 

(fuel) in relationship to flight time is mitigated by the fact that E384 has the 

ability to land anywhere and at any given time.

j. 91.203 (a) & (b) – Civil Aircraft: Certifications Requirements

91.203 requires all civil aircraft to have “within it...an appropriate and 

current airworthiness certificate” that must be “displayed at the cabin or cockpit 

entrance so that is legible to passengers or crew” The E384, due to its size and 

design, has no cabin or cockpit and therefore does not have the ability to affix or 

carry certification or registration documents. Furthermore the E384 does not carry

any passengers or crew for whom the certificate is required to be displayed. 

AerialZeus proposes that any FAA-required documents be kept at the ground

control station and that a small placard be affixed to the E384 airframe with 

manufacture, registration, and contact information.
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An equal level of safety will be achieved by having any FAA required 

documents located at the ground control station where it will be readily accessible 

to the PIC and any other agencies that may require the information. Having a 

placard attached to the E384 airframe will also allow any person or agencies to be 

informed of the UAS’ origin and status.

k. Part 91 Subpart E (91.401-91.417) – Maintenance, Preventative

Maintenance, and Alterations

These regulations provided the maintenance and inspections requirements 

in reference to Part 39 and Part 43. 91.405 (a) specifically states that “no person 

may perform maintenance, preventive maintenance, and alterations on an aircraft 

other than as prescribed in this subpart and other applicable regulations, including 

part 43 of this chapter”. AerialZeus seeks full exemption from these regulations 

due to the fact that an equal level of safety will be achieved by using the E384 

Operations Manual (Reference Appendix D) and E384 Maintenance Manual

(Reference Appendix E) which provide step-by-step instructions on regular and 

corrective maintenance. The PIC will be responsible for conducting maintenance

in accordance with these procedures. Any E384 maintenance that is not covered in 

these procedures will be performed by the manufacturer. AerialZeus will ensure

that all maintenance performed on the E384 by the PIC and manufacturer is 

documented in accordance with 91.407 (a) (1). Specifically that the records will 

include “a description of the work performed; and the date of completion of the
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work performed; and the signature...of the person approving the aircraft for 

return to service”. The PIC will authorize the E384 for return to service for all 

maintenance covered in the E384 Operations Manual and Maintenance Manual 

and the manufacturer will authorize the E384 for return to service for all 

maintenance that is outside the scope of these two documents. AerialZeus will 

also ensure that no modifications or alterations are made to the airframe that 

affect the flight operating characteristics of the E384.

3. How request benefits public as a whole

The E384 is a safe, efficient, and an economical alternative to manned, fixedwing aircraft that are currently being used to conduct aerial imaging of Environmental 

sites. There are multiple reasons why the public would benefit from granting AerialZeus

exemptions from these regulations: 1) reduce the number of manned aircraft in the NAS, 

2) reduce air and noise pollution, 3) reduce the risk to life and property on the ground, 

and 4) increase economic growth, 

Utilizing the E384 in lieu of a traditional manned, fixed wing aircraft will result in 

the overall reduction of manned aircraft in the NAS. Thus there will be less aircraft that 

require control and coordination with Air Traffic Controllers (ATC). Because the E384 

can take-off and land on-site and operate at an altitude of 400 ft. AGL (or less) within 

VLOS of the PIC there is no need for ATC to provide coordination during ground, takeoff, departure, transit, arrival, and landing phases of flight.
23

At 5.9 lbs. the battery operated E384 with an electric motor provides a much 

quieter alternative to manned, fixed-wing aircraft. Traditionally a manned aircraft would 

have to transit from the departure airport to the desired site and fly at low altitudes to 

achieve high-resolution imagery. The E384 will require no transit time, and the electric 

motor will be exponentially quieter than a twin-engine combustion motor on passenger 

aircraft that is typically used to conduct aerial imaging. In addition the E384 requires no 

fuel since it is battery operated. A manned aircraft on the other hand typically burns 20-

30 gallons of aviation fuel per hour which is polluting the air not only over the site but 

over the path of transit and around the airport. Conducting aerial imaging with the E384 

in lieu of a manned aircraft would thus greatly reduce both air pollution and noise 

pollution which is of great benefit to the public.

Using the E384 would also greatly reduce if not completely eliminate the risk to 

life and property on the ground. The E384’s incredibly small size, reduced weight, and 

foam airframe pose no hazard to people or structures on the ground as opposed to a 

manned twin engine-passenger aircraft which has a much greater potential for collateral 

damage. In addition the E384 is unmanned and as a result the risk associated with

piloting this aircraft is non-existent. Overall the E384 provides a much safer alternative to 

manned, fixed-wing aircraft operations for the purpose of collecting aerial imagery.

Lastly using the E384 to provide aerial imagery would result valuable 

Environmental data. High-resolution data generated from E384 flights would provide 

scientists with invaluable information on biomass estimation, yield monitoring, leaf area 

indexing, and overall plant health. The preservation and conservation of flora and fauna 

are critical for economical, cultural and ethical reasons. In order to properly mitigate 

the human impact on nature, there must exist the collective-will to execute smart 

environmental strategies. 
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It is AerialZeus intent to assist on the following Environmental strategies,

a).- Establishment and rehabilitation of high quality wetlands to benefit sensitive 

biological resources

b).- Increase of cover, diversity and population native plant, especially those with 

'special status.'

c).- Manage grazing 

d).- Manage invasive plants

e).- Improver habitat quality for native flora and fauna

4. Additional information, views, and arguments

The following documents have been included as Appendices to this Petition. 

These appendices have been submitted confidentially for proprietary reasons and will

not be available to the public.

Team Profile.....................................................................................Appendix A

AerialZeus-Organizational Chart..................................................... Appendix B

Whitepaper-Multispectral Analysis..................................................Appendix C

E384 Operations Manual ...............................................................Appendix D 

E834 Maintenance Manual .............................................................Appendix E 

Event 38 Training Syllabus .............................................................Appendix F

Event 38 Certification for Luis Robles.............................................Appendix G

Pilot Log for Luis Robles.................................................................Appendix H

George Mason University.................................................................Appendix I

University of Minnesota...................................................................Appendix J

Tetracam Training.............................................................................Appendix K
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5. Summary for Federal Register

Pursuant with Section 333 of the FAA Modernization and Reform Act of 2012, 

AerialZeus, LLC requests exemption from the following Federal Aviation Regulations

that are found under Title 14 of the Code of Federal Regulations: Part 21 Subpart H, 

45.23 (b),

91.7 (a), 91.9 (b), 91.103, 91.109, 91.119, 91.121, 91.151 (a), 91.203 (a) (b), Part 91

Subpart E (91.401-91.417). Exemption from these regulations would allow AerialZeus,

LLC to operate the E384 Unmanned Aerial System over Environmental Sites for the

purpose of providing high-resolution aerial imagery.