April 27, 2015

 Exemption No. 11439

 Regulatory Docket No. FAA–2015–0225

Mr. Mickey Landry

President and Founder

Aerial Industrial L.L.C

1580 Liston Road

Orange, TX 77630

Dear Mr. Landry:

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.

The Basis for Our Decision

By letter dated January 23, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Aerial Industrial L.L.C (hereinafter petitioner or operator) for an exemption. The 

exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct aerial imaging and monitoring of secured and controlled environments.

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 a DJI Spreading Wings S-1000.
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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 collection. 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, Aerial Industrial L.L.C 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 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, Aerial Industrial L.L.C is hereafter referred to as the operator.
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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 DJI Spreading 

Wings S-1000 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 

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 
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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.

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 
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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.

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.
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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.

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.
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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.

This exemption terminates on April, 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
January 23, 2015 

U.S. Department ofTransportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Dear Sir or Madam: 

Attached please find Aerial Industrial's request for an exemption from the listedFederal 

Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft 

Systems ("sUASs") for aerial imaging and monitoring of secured and controlled 

environments with respect to construction sites, flare stacks, transmission towers, other 

related industrial elevated structures. This exemption request is exclusively for the use of 

the DJI Spreading Wings S-1 000 octocopter to be used by Aerial Industrial LLC. 

Also attached to this letter is the Aerial Industrial Flight Operations Manual (FOM) and 

Aircraft Flight Manual (AFM) (both hereinafter referred to as Manuals), both proprietary 

and confidential documents, which outline the operating requirements, limitations, and 

technical specifications for the Aerial Industrial's operation of the DJI S-1000 system. 

Aerial Industrial has reviewed the Manuals and has found them to be acceptable for sUAS 

operations for commercial operations as detailed above. The Applicant submits these 

Manuals (FOM and AFM) as proprietary and confidential information pursuant to 14 CFR 

11.3 5 (b). The Manuals (FOM and AFM) contain operating conditions and procedures that 

are not available to the public and are protected from release under the Freedom of 

Information Act 5 USC 552 et. seq. 

Please be advised that this exemption request being submitted by Aerial Industrial is 

extremely similar in nature to the exemption submitted to the FAA by Clayco, Inc. For 

purposes of expediting the exemption process, Aerial Industrial is agreeable to abide by and 

accept the Conditions and Limitations stipulated in Clayco, Inc, Trudeau, and other recent 

approvals. Grant of Exemption Nos. 11109 & 11138. 

Thank you for your time and consideration, and please let me know if you have any 

questions. 

Sincerely, ~ . 

~~~/ President & Founder 

Aerial Industrial L.L.C 
January 12, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal 

Aviation Regulations from 14 C.P.R. 45.23(b); 14 CFR Part21; 14 CFR 61.113 (a) & 

(b); 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) (2); 91.417 (a) & (b). 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the 

Reform Act) and 14 C.P.R. Part 11, Aerial Industrial L.L.C. ("Aerial Industrial"), a 

imagery and inspection firm, hereby applies for an exemption from the listed Federal 

Aviation Regulations ("F ARs ") to allow commercial operation of its Small Unmanned 

Aircraft Systems ("sUASs") for aerial imaging for inspection, and monitoring of secured 

and controlled environment with respect to construction sites, flare stacks, transmission 

towers, other related industrial elevated structures, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by 

the FAA asrequired by Section 333. 

As detailed in this document, and the attached Manuals, the requested exemption 

would permit the operation of sUAS under controlled conditions in airspace that is 1) 

limited 2) predetermined 3) controlled as to access and 4) would provide for safer 

inspections thus preventing the use of conventional aircraft over industrial sites and 

eliminates the need to place personnel in harms way when attempting to access elevated 

structures without conventional access. Approval of this exemption would thereby enhance 

safety and fulfill the Secretary of Transportation's (the FAA Administrator's) 

responsibilities to" ... establish requirements for the safe operation of such aircraft systems in 

the national airspace system." Section 333(c) ofthe Reform Act. 

The name and address of the applicant is: 

Aerial Industrial L.L.C 

Mickey Landry 

Phone: 409-504-8234 

1580 Liston Rd. 

Orange, Texas 77630 

Regulations from which the exemption isrequested: 

14 C.P.R. Part21 

14 C.F.R.45.23(b) 

14C.F.R. 61.113 (a) & (b) 

14 C.P.R. 91.7 (a) 

14 C.P.R. 91.9 (b)(2) 

14 C.P.R. 91.103 

14 C.P.R. 91.109 
14 C.P.R. 91.119 

14 C.P.R. 91.121 

14 C.P.R. 91.151 (a) 

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

14 C.P.R. 91.405 (a) 

14 C.P.R. 407 (a) (1) 

14 C.P.R. 409 (a)(2) 

14 C.P.R. 417 (a) & (b) 

I. STATUTORY 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 

§40 101 of the Act, including sUASs, 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 44702-44 716 of this 

title if the Administrator finds the exemption in the public interest. 49 U.S.C. §4470 1(f) 

See also 49 USC §4471 1 (a); 49 USC §44704; 14 CFR §91.203(a) (1). 

Section 333(b) of the Reform Act assists the Secretary in determiningwhether 

sUASs may operate in the National Airspace System (NAS) without creating a hazard to 

the user, the public, or a threat to national security. In making this determination, the 

Secretary must consider: 

The sUAS's size, weight, speed, and operational capability; 

• Whether the s U AS operates within the visual line of sight of the operator 

• Whether the sUAS operates outside of highly populated areas and away from 

close proximity to airports 

Reform Act §333(a). If the Secretary determines that a sUAS "may operate safely in 

the national airspace system (NAS), the Secretary shall establish requirements for the 

safe operation of such aircraft in the national airspace system." Id. §333(c). 

Aerial Industrial's sUASs are multirotor vehicles, weighting 25 or fewer lbs. 

including payload. They operate under normal conditions at a speed of no more than 50 

knots and have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. The sUASs will operate only in the pilot's visual line of sight at all times 

and will operate only within the sterile area described in the Manuals, attached as Exhibit 1. 

Such operations will insure that the sUASs will "not create a hazard to users of the national 

airspace system or the public." Reform Act Section 333 (b). 

Given the small size of the sUASs involved and the restricted and sterile 

environment within which they will operate, our application falls squarely within the 

zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA 

must, by exemption, allow commercial operations of sUASs to commence immediately. 
Also due to the small size of the UASs, the low altitudes, and restricted areas in which our 

sUASs will operate, approval of the application does not present a national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended; the strong equivalent level of safety 

surrounding the proposed operations, and the significant public benefit, including 

enhanced safety, the grant of the requested exemptions is in the public interest. 

Accordingly, Aerial Industrial respectfully requests that the FAA grant the requested 

exemption without delay. 

II. PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate safely in 

the NAS before completion of the rulemaking required under Section 332 of the Reform Act. 

By granting an exemption the FAA will fulfill Congress's intent of allowing sUAS to operate 

utilizing significant safety precautions in low risk environments. 

The use of sUASs in an industrial setting to inspect and monitor elevated structures 

and towers can significantly reduce the risk to workers of falls while inspecting, surveying, or 

monitoring such structures. sUASs can inspect, photograph, and collect data on hard to get to 

areas that otherwise would require dangerous worker inspections. Historically, falls are the 

leading source of workplace fatality and injury on construction sites1

, and reducing falls 

through sUAS use for site imaging could save workers lives. 

Additionally, sUASs could replace the use of helicopters and small aircraft to monitor 

sites. The sUASs we propose to fly in this application is under twenty-five (25) pounds, and 

carries no combustible material on board, as opposed to the much larger conventionally 

powered small aircraft. Shifting to sUASs from helicopters presents a marked safety increase 

for our workers and the public. · 

Lastly, sUASs reduce the environmental impact by dramatically decreasing the 

energy used for aerial imaging and data collection over a construction site. Our sUASs use 

rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small 

aircraft that are many hundreds oftimes heavier. 

III. EQUIVALENT LEVEL OF SAFETY 

Aerial Industrial proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed herein. These 

limitations provide for at least an equivalent, or even higher, level of safety to operations 

under the current regulatory structure because the proposed operations represent a safety 

1 "Commonly Used Statistics", Occupational Safety & Health Administration. Available at: 

https://www.osha.gov/ oshstats/ commonstats.html 
enhancement to the already safe protocols followed on industrial sites and imaging and 

surveying operations conducted with helicopters and other conventional aircraft. 

Aerial Industrial will be bound by the following limitations when conducting its 

sUAS operations under an FAA issued exemption: 

1. The sUAS will be less than 25 pounds. 

2. Flights will be operated within ~isualline of sight of a pilot. 

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS 

calculates battery reserve in real time, and will return to its ground station with at 

least 20% battery power reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude never exceeding 400 feet AGL. 

5. Flight Crew for each operation will consist of the sUAS pilot who will keep the 

sUAS within his visual line of sight at all times, and a Visual Observer to assist 

the pilot. 

6. The sUAS pilot and the Visual Observer will be trained in flight, operations, and 

safety procedures as detailed in the Manuals. 

7. The sUAS will only operate within a confined "Sterile Area" as defined in the 

Manuals. The Manuals also require the establishment of a "Security Perimeter" for 

the flight operations area. 

8. A briefing will be conducted in regard to the planned sUAS operaticms prior to each 

day's flight activities. It will be mandatory that all personnel who will be performing 

duties within the boundaries of the safety perimeter be present for this briefing. 

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the pilot will 

obtain additional verbal or written consent of all persons who will be allowed within 1 00 

feet of the flight operation. 

10. Written and/or oral permission from the relevant property holders will be obtained. 

11. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 

12.Ifthe sUAS loses communications or loses its GPS signal, it will have capability to 

return to a pre-determined location within the Security Perimeter and land. 

13.The sUAS will have the capability to, and the pilot will initiate a, flight abort in case 

of unpredicted obstacles or emergencies. 

IV. DESCRIPTION OF SPECIFICREGULATIONS 

14CFRPart 21,Subpart H: Airworthiness Certificates 14C.F.R. §91.203(a)(l) 

Subpart H, entitled Airworthiness Certificates, 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 the 

Aerial Industrial, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 3 3 3 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 UAS. Aerial Industrial's sUAS will be operated at low speed 

in a controlled environment, at least five miles from an airport and more than three miles 

from any city or densely populated area. 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 helicopter) operating with an airworthiness certificate without the restrictions and 
conditions proposed. 

The sUAS to be operated hereunder is less than 25 lbs. fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area as set out in the Manuals. Like other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the pilot, 

pursuant to the Manual's requirements, and under the requirements, and in compliance with, 

local public safety requirements, to obtain aerial imagery of construction sites, industrial 

complexes and structures. The FAA will have advance notice of all operations as prescribed 

in the Manuals. 

These safety enhancements, which already apply to civil aircraft operated in 

connection with construction sites, provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates 

issued under 14 C.P.R. Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the UAS, due to its 

size, speed of operation, location of operation, lack of explosive materials or flammable 

liquid fuels, and ability to carry an external load no greater than seven (7) lbs. 

14 C.F.R. 45.23(b): Marking of the Aircraft 

This regulation requires certain experimental, provisionally certificated 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 will 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 sUAS, two-inch lettering will be 

impossible. The word "Experimental" will be placed on the fuselage in compliance with 

§45.29 (f). 

The equivalent level of safety will be provided by having the sUAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the 

sUAS will see the identification ofthe UAS as "Experimental." The FAA has issued the 

following exemptions to this regulation: Exemptions Nos. 10700, 873 8, 10167 and 10167 A. 

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

Sections 61.113 (a) & (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 as prescribed in the Manuals, and have 

accumulated at least twenty-five (25) hours of total time as a UAS pilot, with at least ten (10) 

hours logged as a UAS pilot with similar UAS type, before flying a UAS for Aerial Industrial 

in commercial operations. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS is remotely controlled with no living thing or cargo on board. The area 

of operation is controlled and restricted, and all flights are planned and coordinated in 

advance as set forth in the Manuals. The risks associated with the operation of the sUAS are 

so diminished from the level of risk associated with commercial operations contemplated by 

Part 61 when drafted, that allowing operations of the sUAS as requested with a pilot who has 

met the minimum requirements stated in the Manuals exceeds the present level of safety 

achieved by 14 C.P.R. §61.113 (a) & (b). 
14 C.F.R. 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, 

should this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft and the requirements contained in the Manuals 

for maintenance and use of safety checklists prior to each flight, an equivalent level of safety 

will be provided. 

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

The sUAS, 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 Manuals at the 

ground control point where the pilot flying the sUAS will have immediate access to it. The 

FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

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

14 C.F.R. 91.103: PreflightAction 

This regulation requires each pilot in command (PIC) 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 requirements, checking takeoff and landing areas, and all other actions in the 

Preflight Checklist as prescribed in the Manuals. These actions will provide an equivalent 

level of safety and are prescribed by the Aerial Industrial sUAS operations. 

14 C.F.R. 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, sUASs and remotely piloted aircraft do not have fully functional dual 

contr~ls. Flight control is accomplished through the use of a control box that communicates 

with the aircraft via radio communications. The FAA has previously approved exemptions for 

aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A. The 

equivalent level of safety provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft, the ability to control the sUAS via radio signals from the controller, 

and by the size and speed of the aircraft. 

14 C.F. R. 91.119: Minimum SafeAititudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 

(d) allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for helicopters 

by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with 

vertical take off and vertical landing, which will typically operate at altitudes below 400' 
AGL, so an exemption may be needed to allow such operations. The sUAS will never operate 

at altitude higher than 400 AGL and will be in a restricted area with security perimeter, where 

buildings and people will not be exposed to operations without their pre-obtained consent. 

See the Manuals for detailed procedures. 

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

UAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the 

property owner and any onsite personnel as outlined in the Manuals, all affected individuals 

will be aware of the planned flight operations. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the sUAS proposed herein, and carrying flammable fuel, 

any risk associated with our operations is far less than those presently presented with 

helicopters and other conventional aircraft operating at or below 500 AGL in the construction 

industry. In addition, the low-altitude operations of the sUAS will ensure separation between 

these small- UAS operations and the operations of conventional aircraft that must comply 

with Section 91.119. 

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's preflight requirements and checklists confirming the altitude of the launch site 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. Our UAS is limited to operations in sterile and controlled environments as 

outlined in the Manuals, and has a limited range and flight time which require an exemption 

from 14 CFR 91.151(a). 

The battery powering the sUAS provides no greater than 30 minutes of powered 

flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be 

limited to approximately 0 minutes in length. Given the limitations on the UAS' s proposed 

flight area and the location of its proposed operations within a predetermined area, a longer 

time frame for flight in daylight or night VFR conditions is reasonable. 

Aerial Industrial believes that an exemption from 14 CFR §91.151 (a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly 

controlled area where only people and property owners or official representatives who have 

signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender 

the type of risks that Section 91.151 (a) was intended to alleviate given the size and speed of 

the small UAS. Additionally, limiting sUAS flights to 0 minutes would greatly reduce the 

utility for which the exemption will be granted. 

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or 

enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% 

of battery power (as determined by the onboard monitoring system and the pilot), whichever 

happens first. This restriction would be more than adequate to return the sUAS to its planned 
landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 

2689F,5745, 10673,and 10808. 

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

The regulation provides in part: 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has 

within it the following: 

(1) An appropriate and current airworthiness certificate .... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 25 lbs. 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 sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the 

ground flight control point where the pilot flying the sUAS will have immediate access to 

them, to the extent they are applicable to the sUAS. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665,9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 CFR 91.405 (a); 407 (a)(l); 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 section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Aerial Industrial. Maintenance will be 

accomplished by the operator pursuant to the Manuals and manufacturer guidance. An 

equivalent level of safety will be achieved because these small UASs are very 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 and within visual line of sight of the pilot. As provided in the 

Manuals, the pilot will ensure that the UAS is in working order prior to initiating flight, has 

the required maintenance, and keep a log of any maintenance performed/needed. Moreover, 

the pilot 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. 

******* 

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

the Federal Register, should it be determined that publication is needed: 
Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 

C.F.R 45.23(b); 14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 

91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 

91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs 

or less) in construction operations. 

Approval of exemptions allowing commercial operations of sUASs in the 

construction industry enhances safety while reducing risk. Manned aircraft monitoring and 

surveying creates a greater risk because the craft are much larger, have combustible fuel, and 

carry an onboard human pilot. In contrast, a sUAS weighing fewer than 25 lbs. and powered 

by batteries eliminates virtually all of that risk given the reduced mass and lack of 

combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, 

will not expose them to the risks associated with manned aircraft flights. 

The operation of small UASs, weighting less than 25 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant of 

the exemptions requested herein, including exempting the applicant from the requirements of 

Part 21 and allowing commercial operations. These lightweight aircraft operate at slow 

speeds, close to the ground, and in a sterile environment and, as a result, are far safer than 

conventional operations conducted with turbine helicopters operating in close proximity to 

the ground and people. 

Privacy 

All flights will occur over private or controlled access property with the property 

owner's prior consent and knowledge. Images taken will be of individuals who have also 

consented to being filmed or otherwise have agreed to be in the area where aerial 

photography will take place. 

******* 

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012--size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security -provide more than adequate justification for 

the grant of the requested exemptions allowing commercial operation of applicant's UASs in 

construction industry pursuant to the Manual appended hereto. 

Sincerely, 

~;; 

#~yLandry President & Founder 

Aerial Industrial L.L.C.