AGI Drones 

2700 S Woodlands Blvd. 

Suite 300-424 

Flagstaff, AZ 86001 

June 24, 2015 

U.S. Department of Transportation 

Docket Operations West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

Re: Petition of AGI Drones for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012

To Whom it May Concern: 

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

14 C.F.R. Part 11, AGI Drones (a tradename of Angels Gate Inc. hereafter refered to as AD) 

hereby applies for an exemption from the Federal Aviation Regulations (FARs) identified 

below to allow commercial operation of small unmanned aerial vehicles (i.e., small unmanned 

aircraft or UAS) for aerial data collection and closed-set motion picture and television filming. 

Petitioner

AGI Drones (AD) was established in July, 2014 by Angel’s Gate Inc. (an Arizona corporation) 

for the purpose of providing aerial data collection services and closed set filming. AD seeks to 

leverage new UAS technologies to better serve its customers in a variety of industries that could 

benefit from UAS-assisted aerial data collection and filming. 

The contact information for Petitioner is as follows: 

Blaine Stuart, President 

Angel’s Gate Inc. (tradename AGI Drones) 

85 W Quartz Road 

Flagstaff, AZ 86005 

Phone: (928) 814-3696 

Email: blaine@agidrones.com

Petitioner's Proposed Operations

AD seeks an exemption pursuant to Section 333 of the Reform Act to operate the following UAS 

(hereafter referred to as the "AD Fleet") for aerial data collection purposes and closed-set 

motion picture and television filming (see Table 1 AGI Drone UAS Fleet): 

• 3D Robotics Iris+ 

• 3D Robotics Solo 
• 3D Robotics X8+ 

• 3D Robotics X8-M 

• DJI Inspire 1 

• DJI Phantom 2 

• DJI Phantom 3 

• DJI S800 Evo 

• DJI S900 

• DJI S1000 

• DJI S1000+ 

• Hubsan H109S 

• Tayzu Quadra 

• Tayzu Titan X8 

• Yuneec Q500+ 

• Yuneec H920 

The proposed operations in this Petition for Exemption are substantially similar to those 

contained in prior FAA Grants of Exemption, including: 

• SkySpecs (Exemption No. 11865) 

• Hawaii Commercial Drone Operations (Exemption No. 11863)

• Montana Ariel Solutions (Exemption No. 11861)

• Adam Palitz (Exemption No. 11860) 

• KalScott Engineering (Exemption No. 11876) 

As discussed in Paragraph II below, all UAS operations will occur under tightly controlled 

conditions on private or controlled access property where AD has received permission to 

operate from the landowner, controller or authorized representative. The UAS will be operated 

in accordance with the requirements contained in the AD operating documents, and in accordance 

with the requirements of an applicable Certificate of Waiver or Authorization ("COA"). Among 

other things, and as detailed in the operating documents, all UAS operations will occur in 

uncontrolled airspace, within visual line-of-sight (VLOS) of the pilot and visual observer, and 

will be limited to daytime VFR conditions. Moreover, AD’s operating documents will 

incorporate redundant safeguards to assure that the aircraft does not travel outside the controlled 

area of UAS operations. 

Relevant Statuatory Authority

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA 

Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace system."

Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned 

aircraft systems to operate in the NAS where it is safe to do so based on the following 

considerations: 
• The UAS size, weight, speed and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

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

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of 

the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 

44702 –44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety 

(or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 

11.81 (petitions for exemption). 

AD's Proposed UAS Operations Meet the Requirements of Section 333

AD’s proposed operations in this Petition for Exemption qualify for expedited approval 

pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors 

are satisfied. 

I. Approval is Warranted Based on the UAS Size, Weight, Speed, and

Operational Capability

The FAA has previously determined that a Grant of Exemption is appropriate for 

operations conducted using the AD Fleet, due to their size, weight, speed, and 

operational capability. Specifically, the FAA has found the following characteristics of 

the AD Fleet to warrant approval for a Grant of Exemption: 

1. The AD Fleet UAS weigh less than 55 lbs (including the battery). 

2. Maximum flight speed for the AD Fleet UAS is less than 87 knots (100mph) 

3. The AD Fleet UAS have the capability to operate safely after experiencing certain 

in-flight contingencies or failures and uses an auto-pilot system to maintain UAS 

stability and control. The UAS are also able to respond to a loss of GPS or a lost-link 

event with a pre-coordinated, predictable, automated flight maneuver. These safety 

features provide an equivalent level of safety compared to a manned aircraft 

performing a similar operation and mitigate the risk of command and control link 

failures. 

4. Altitude information will be generated by equipment onboard the UA as specified using 

GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any 

combination thereof. This information will be transmitted to the pilot via telemetric 

data feed. 

5. The radio frequencies used for operations and control of the AD Fleet UAS comply 

with the Federal Communications Commission (FCC) and other appropriate 

government oversight agency requirements. The AD Fleet operates within the 
933 MHz, 2.4 GHz and 5.7 GHz frequency bands (please see Table 1 for operational 

frequency of each individual UAS). 

If the same proposed operations were conducted using a helicopter, the aircraft's 

take-off weight would likely exceed 6,000 pounds. The difference in weight 

between any AD Fleet UAS (which carries no passengers, crew, or flammable fuel), 

significantly reduces the potential harm to the participating and non-participating 

individuals or property in the event of an accident or incident. 

II. Approval is Warranted Based on the Restrictions in AD's Operating Documents

AD's operating documents contain all the procedures and limitations necessary to safely 

and successfully perform the proposed operations. To assist the FAA in making a 

safety assessment of AD's proposed operations, below is a copy of operational limitations 

and conditions that AD will adhere to, and which will ensure an equivalent or higher 

level of safety to operations conducted under current regulatory guidelines: 

1. Operations authorized by the grant of exemption will be limited to the AD Fleet (See 

Table 1) 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 

grant. 

2. Operations for the purpose of closed-set motion picture and television filming 

are permitted. 

3. The UAS 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 UAS 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 UAS must be operated within 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 UAS must be operated 

within the 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 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 must conduct 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 Colombia, 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 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 UAS 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 UAS 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 UAS 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 UAS 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 (NNumber) 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 UAS 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 prior to the beginning of every flight. 

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.
Exemptions Sought by Petitioner

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under § 40101 of the Act, including UASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.7

AD seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for 

purposes of conducting the requested operations using small UASs, including: 

FAR Description

91.9(c); 45.23(b) and 

45.27(a) 

Aircraft Marking and Identification Requirements 

91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 

91.417(a) and (b) 

Maintenance and Inspection Requirements 

61.113; 61.101(e)(4) and (5) Private and Recreational Pilot Privileges and Limitations 

91.7(a) Civil Aircraft Airworthiness 

91.9(b)(2); 91.203(a) and 

(b) 

Carrying Aircraft Flight Manual, Certification and Registration in 

the Aircraft 

91.103 Preflight Action 

91.109(a) Flight Instruction 

91.119 (b) 

91.119(c) 

Minimum Safe Altitudes – Over Congested Areas 

Minimum Safe Altitudes - Over Other than Congested Areas 

91.121 Altimeter Settings 

91.151(a) Fuel Requirements for Flight in VFR Conditions 

Listed below are the specific sections of 14 C.F.R. for which exemption is sought, and the 

operating procedures and safeguards that Petitioner has established which will ensure a level of 

safety better than or equal to the rules from which exemption is sought. 

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

AD seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 
14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states: When marks include only the Roman 

capital letter "N" and the registration number is displayed on limited, restricted or light-sport 

category aircraft or experimental or provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not 

less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport, "experimental," or "provisional," as applicable. 

14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on that 

rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by § 45.23. 

In a prior grants of exemption under Section 333 of the Reform Act, the FAA determined that 

exemption from these requirements was warranted provided that the aircraft "have 

identification (N- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the 

markings are as large as practicable. All UAS flown by Petitioner will bear N-number 

markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

AD seeks an exemption from the maintenance inspection requirements contained in 14C.F.R. § 

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. An exemption from 

these regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the UAS to be operated under this grant of exemption will 

not have. 

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the operating documents and any required manufacturer 

Safety or Service Bulletins. Further, the PIC will conduct a pre-flight inspection of the UAS 

and all associated equipment to account for all discrepancies and/or inoperable components. 

Maintenance will be performed and verified to address any conditions potentially affecting 

safe operation of the UAS and no flights will occur unless, and until, all flight critical 

components of the UAS have been found to be airworthy and in a condition safe for 

operation. A functional test flight will be conducted following the replacement of any flightcritical components. As required by the operating documents, the PIC who conducts the 

functional test flight will make an entry in the UAS aircraft records of the flight. 

The operating documents will also include requirements to follow the UAS manufacturer’s 

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft 

and aircraft components. Moreover, the operating documents also include procedures to 

document and maintain a record of the UAS maintenance, preventative maintenance, 

alterations, status of replacement /overhaul component parts, and the total time in service 

of Petitioner's UAS’s. As a whole, the maintenance and inspection procedures required by 
AD’s operating documents ensure that an equivalent or higher level of safety will be 

achieved. 

C. 61.113, 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and Limitations

AD seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders 

from flying aircraft for compensation or hire, and would also require a second class medical 

certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which the PIC will be operating, as well as requiring certifications if 

the private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be 

operated as part of a commercial operation, it carries neither passengers nor cargo. 

In the FAA's Section 333 Grant of Exemption to Astraeus Aerial (see Docket No. 

FAA−2014−0352), the FAA determined that the unique characteristics of UAS operation 

outside of controlled airspace did not warrant the addition cost and restrictions attendant with 

requiring a the PIC to have a commercial pilot certificate and third class medical certificate. 

The fulfillment of the additional requirements for a private pilot to become qualified as a 

commercial pilot would not lead to any additional safety benefits when UAS operations are 

involved. 

More recently, the FAA determined that holders of recreational and sport pilot certificates 

would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because 

these individuals would also be subject to security screening by the Department of 

Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot 

certificates would be qualified to serve as the PIC for UAS operations.

The restrictions AD will place on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial and other operators in more recently granted exemptions 

under Section 333 of the FAA Reform Act. AD will operate on private or controlled access 

property away from persons and property not involved in the operation. AD will also require 

all PICs to be thoroughly trained in the unique aspects of UAS flight. Pilots will have 

experience not only in UAS operations generally but have logged flight time in the specific 

make and model used for the operations before they are permitted to participate in 

commercial flights on behalf of AD. The pilot qualification, training, and currency 

requirements will ensure that Petitioner's pilots are competent and proficient in the UAS they 

are operating. The Petitioner's training and qualification requirements are consistent with 

those contained in prior FAA issued grants of exemption, and will provide a higher level of 

competency and proficiency for its pilots and will ensure at least an equivalent level of 

safety. 

D. 91.7(a): Civil Aircraft Airworthiness

As there will be no airworthiness certificate issued for the UAS’s, AD seeks an exemption 

from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to 

be operated. While the petitioner’s UAS’s will not have an airworthiness certificate, the FAA 

has determined that for the purposes of this exemption the pilot may determine the aircraft is in 

an airworthy condition prior to flight. The operating documents will contain procedures which 
allow the PIC to determine whether the aircraft is in a condition safe for flight, and an 

exemption from §91.7(a) is therefore warranted. 

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): 

Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry 

airworthiness documents and other aircraft manuals onboard the aircraft. 

Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b) No person may operate a U.S.-registered civil aircraft –... 

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, 

unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, or any combination thereof. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(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.

Given the small size and configuration of the UASs, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is 

simply no room and the UAS has no cabin or cockpit. An equivalent level of safety will be 

achieved by ensuring that the pilot has access to the documents at the ground control station 

from which he or she is piloting the UAS.

F. 91.103: Preflight Action

AD seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that 

an FAA-approved Flight Manual is required. 

Adherence to the requirements in the operating documents will ensure that the UAS is in an 

airworthy condition prior to flight. The PIC will perform a series of checklists designed to 

identify any defects or inoperable components, which cover pre-flight, take-off, landing and 

post-flight procedures. The PIC will also be required to review weather, flight 

requirements, battery charge, landing and takeoff distance, UA performance data, and 

contingency landing areas—before initiation of flight. Petitioner's operating documents will 

be kept at the ground control station and will be accessible to the PIC at all times while 

operating the UAS. 
G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part 

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." UAS’s and 

remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight 

control is accomplished through the use of a device that communicates with the aircraft via 

radio communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. §91.109(a). 

Given the size and speed of the UAS’s that Petitioner intends to use, an equivalent level of safe 

training can still be achieved without dual controls because no pilot or passengers are aboard 

the UAS, all persons will be a safe distance away in the event that the UAS experiences 

any difficulties during flight instruction. Moreover, all flight training will be conducted 

on private or controlled access property with required permissions. 

H. 91.119(b) and (c): Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. 

§91.119(b) and 91.119(c), which state: 

Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any 

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. 

AD requests that the minimum distance requirements of 2000' under subsection (b) and 500' 

under subsection (c) be exempted. At any time the UAS needs to be flown closer than these 

distances to a structure or obstacle that is not the subject of the flight, then AD shall: (a) 

ensure that a barrier or structure is 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. 

An exemption is warranted due to the fact that the UAS weighs less than 55 lbs (with 

payload), will be operating within VLOS of a PIC and VO, at an airspeed of 87 knots or less 
with no flammable fuel onboard, and the standoff requirements for both participating and 

nonparticipating persons and property in the operating documents, will ensure the protection of 

persons and property on the ground—which has been the purpose of the minimum safe 

altitudes rule in §91.119 since its inception. 

I. 91.121: Altimeter Settings

To the extent necessary for AD to conduct the proposed operations, Petitioner requests an 

exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to 

maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation 

of the departure airport or barometric pressure. 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. 

§91.121 can be achieved in circumstances where: (1) the UAS will be operated below 400 feet 

AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real 

time to the operator at a ground-based on-screen display and, (4) where prior to each flight, a 

zero altitude initiation point is established for the PIC to confirm accuracy of the onboard 

GPS.

The UAS that Petitioner intends to use for performing the proposed operations meet all these 

operational characteristics. Moreover, the operating documents will require the PIC to 

calibrate the aircraft's GPS compass prior to each flight operation. As the FAA has 

determined in circumstances similar to this Petition for Exemption, Petitioner's UAS and 

the safety mitigation procedures contained in the operating documents, ensure that an 

equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 

191.121 is therefore appropriate. 

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

AD requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR 

conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of intended 

landing and, assuming normal cruising speed – 

(1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption 

from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

Public Interest

The public interest will be served by granting AD’s Petition for Exemption. Congress has 

established a national policy that favors early integration of UAS into the NAS in 
controlled, safe working environments such as those proposed in this Petition. Granting 

this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) 

of the Reform Act—the FAA Administrator's assessment of whether certain UAS may 

operate safely in the NAS before completion of the statutorily required rulemaking. 

More importantly however, and as recognized by the FAA in prior Grants of Exemption 

allowing commercial operation of UAS for the same purposes described in this Petition for 

Exemption, granting the requested exemptions will significantly improve safety and reduce 

risk by alleviating the public's exposure to danger and emissions associated with manned 

aircraft performing similar aerial data collection. The entire AD Fleet is battery powered 

and creates no emissions. 

Moreover, in the unlikely event that one of AD’s UAS crash, there is no fuel to ignite and 

explode. Any accident involving Petitioner's lightweight UAS will present significantly less 

danger to the pilot and other individuals on the ground than one involving a full size aircraft. 

Federal Register Summary

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

FEDERAL REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations: 

45.23(b); 45.27(a); 61.113; 61.101(e)(4) and (5); 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 

91.109(a); 91.119(b) and (c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 

91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with using conventional fixed-wing aircraft 

or, rotorcraft for aerial data collection and closed set filming. 

Summary

AD’s Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform 

Act of 2012, including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within VLOS and national security. The proposed operations in 

this Petition for Exemption are similar to those in previously issued grants of exemptions, 

and they would benefit the public as a whole by improving safety. In consideration of the 

foregoing, this Petition for Exemption provides the FAA with all the necessary justification 

for granting the requested exemptions allowing AD to operate small UAS to perform aerial 

data collection and closed set motion picture and television filming. 

Sincerely, 

Blaine Stuart for AGI Drones 

President, Angel’s Gate Inc.