August 12, 2015

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, Aery Building Envelope, LLC, 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. This petition for Exemption is similar in nature to that of granted

Exemption No. 12350, Regulatory Docket No. FAA-2015-1032.

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 Aery Building 

Envelope, LLC to conduct commercial operations of small unmanned aircraft systems (“UAS”) meeting or 

exceeding all of the operational and safety requirements Congress has set forth in Section 333.

Aery Building Envelope, LLC is a roof and facade consulting company which provides inspection services 

for designers, building owners, property managers and construction managers. We have more than a 

decade in the training and execution of safe commercial construction practices and we are OSHA 

(Occupational Safety and Health Administration) 30 hour certified. Our company carries full general, 

umbrella, vehicle and professional liability insurances.

Many buildings which are requested to be inspected are 30’ to 80’ tall. As the design phase is often 

completed long before the erection of expensive scaffolding systems, our inspector may be placed in 

potentially dangerous situations in order to obtain visual confirmation of specific details and site 

conditions which are pertinent to the accurate and precise development of project documents.

Traditionally, equipment such as all-terrain man-lifts may be utilized to gain access to visually inspect 

these existing conditions. The man-lifts often weigh in excess 35,000 lbs and are diesel or gas powered. 

The lifts can easily damage property and disrupt operations of the buildings’ occupants. It is our intent 

to utilize the SUASs to conduct safe and efficient inspections, gathering pertinent information relative to 

the maintenance and rehabilitation of large buildings.

It is our intention to operate SUASs to conduct the following services:

- Building Condition Surveys

- Project Document Development

- Aerial Photography/Videography

- Construction site inspections and monitoring

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

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 larger, manned aircraft 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 Aery Building Envelope, LLC to operate a DJI Phantom 3 

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 DJI Phantom 3 also has 

an Auto-Return home features and Failsafe features which will return the SUAS to its takeoff point. 

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

 Aery Building Envelope, LLC 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 aircrafts

 Maximum flight time for each operational flight will be 30 minutes.

 Flights will be terminated at 25% battery power reserve should that occur prior to the 30 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 SUAS, 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 20 minutes, this offers little or no risk to 

national security. The operational manual can be found here: http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

Additionally, we request that we be allowed to use our system to benefit first responders nearby who 

might require assistance, including fire fighters, 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. Aery Building Envelope, LLC will not operate over densely populated areas;

g. Aery Building Envelope, LLC will not be operating over any open-air assembly of people;

h. Aery Building Envelope, LLC will not be operating over heavily trafficked roads;

i. Aery Building Envelope, LLC will not be operating within 5 NM of an airport or heliport;

The address of the petitioner is as follows:

Aery Building Envelope, LLC

Attn: Andrew Aery, President

30 Devereux Lane

Whitesboro, NY 13492

Email: aaery@aerybuildingenvelope.com

We respectfully request exemption under Section 333 to enable Aery Building Envelope, LLC to provide 

safe and efficient information acquisition services to our clients.

Sincerely,

Andrew Aery

President

Aery Building Envelope, LLC

ATTACHMENTS: DJI Phantom 3 Operating Manual