FROM: AvStrategies, LLC

 Attn: Brian T. Foley

 49 Seneca Trail

 Sparta, NJ 07871

 (973) 729-6914

 b@brifo.com

TO: Federal Aviation Administration 

US Department of Transportation 

Docket Management System 

1200 New Jersey Ave. S.E 

Washington, DC . 20590 

Re:

Exemption Request Section 333 of the FAA Reform Act Pursuant to section 333 of the FAA 

Modernization and Reform act of 2012 (The Reform Act), and 14 C.F.R. Part 11, AvStrategies, 

LLC hereby seeks and applies for an exemption to the Federal Aviation Regulations (FARs) to 

allow himself to operate Small Unmanned Aircraft Systems (UAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA) under the conditions and limitations set 

forth in this petition. The requested exemption would permit AvStrategies, LLC to operate small, 

unmanned aircraft system (UAS) for the purpose of providing an aerial photography and survey 

service to Municipalities, Utilities & Private consumers. The areas of use will include both photo 

and video in the Utilities, Communications industry, real estate industry, surveying industry, 

construction industry, agricultural industry. The UAS will be operated in airspace that is 1) 

limited 2) predetermined 3) would provide added safety enhancements to the already safe 

operations in the industry presently using conventional aircraft system.

Exemption request to section 333 of the FAA Reform Act Plan 11 Specific to UAS operations. 

14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) & (b); 14 CFR 91.103;14 CFR 

91.105; 14 CFR 91.109: 14 CFR 91.119(c);14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 

91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.401(a)(1) & (2); 14 CFR 91.417(a) 7 (b).
Dear Sir or Madam: 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and 

sensors, would operate in the following manner: 

 Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

 Aerial video and/or photography of for public and/or private use including television, public 

events, cinematography and newsgathering. 

 Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

 Aerial inspection/photography of residential/commercial utility infrastructure included but 

not limited to electrical power lines, wind turbines and cell towers. 

 Aerial video/photography or providing live video feed to assist with rescue operations in 

cases of an emergency or natural disaster only when the local authorities or government has 

requested it by contract and/or donation. 

 The ability to offer training to persons or individuals belonging to both private and/or public 

organizations that have interests in the use and application of UAS for the purpose of the safe 

operation of a UAS to enhance the safety of national aerospace system (NAS) as well as for 

protection of the persons and property. 

As described fully below, and to be used as FOM, the requested exemptions would permit the 

operation of a UAS under controlled conditions in the NAS that would be a) limited, b) 

controlled, c) predetermined, and d) will provide safety enhancements such as limited exposure to 

flight crew, climbing crews, weight of vehicles, speeds of usage, non use of volatile fuels, etc. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportations (the FAA administrators) responsibilities to “....establish requirements for the 

safe operation of such aircraft systems in the national airspace system. 

BACKGROUND, AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The petitioner, AvStrategies, LLC is under the direction of Brian T. Foley who is an FAA 

licensed instrument rated private pilot, with a current Class III medical.

The primary vehicle to be used is a Freefly Alta, which is currently awaiting FAA

registration. The UAS weighs less than 50 lbs. The Freefly Alta relies on a 2.4 GHz radio 

transmission to control the UAS and has a return to home via GPS feature to land the UAS in the 

event of radio failure. The Alta also utilizes a 5.8GHz radio signal to send video from the UAS to 

the camera operator. While vehicles may be upgraded as advances in technology and safety 

occur, the manufacturer will set the bar for operation and safety. No vehicle operated 

AvStrategies, LLC will be modified from the manufacturer design unless specifically directed by 

the same manufacturer. Limitations and conditions to which the applicant agrees to adhere to 
when conducting commercial operations under the FAA issued exemption as set forth in the flight 

operations manual include: 

 The UAS will weigh less than 55 lbs 

 The UAS will have a maximum operating speed of no more than 30 mph 

 Flights will be operated within line of sight of the pilot in command and/or visual 

observer 

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

terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs 

first 

 Flights will be operated at altitude of no more than 200 feet AGL and no more than 200 

feet above an equivalent platform from which filming is planned. 

 UAS will NOT operate:

 5 nautical miles (NM) from an airport having an operational control tower; or 

 3 NM from an airport with a published instrument flight procedure, but not an 

operational tower; or 

 2 NM from an airport without a published instrument flight procedure or an 

operational tower; or 

 2 NM from a heliport with a published instrument flight procedure 

 Minimum crew for each operation will consist of the UAS pilot (PIC), the visual observer 

(VO) and may include but not limited to a camera operator 

 The UAS pilot will be designated pilot in command and hold a current private pilots 

license. If the PIC feels another operator to be qualified with the necessary skills to be 

pilot in command and possesses a valid private pilots license or above, that person may 

be designated PIC provided they have a minimum of 20 hours of flight time with the 

UAS. 

 A briefing will be performed regarding the planned UAS operations prior to each day’s 

flight consisting of the days production activities 

 All flights will occur under visual flight rules meteorological conditions (VFR only). 

 The operator will obtain verbal/written consent of all persons involved with the planned 

operations and ensure only consenting persons will be allowed within 100 feet of the 

flight operation, and the radius may be reduced to 30 feet based upon an equivalent level 

of safety determination, as required under the FOM. With the advance permission of the 

FFDO, operations at closer range may be approved. 

 The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular UAS to be operated. 

 The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

 Written and/or verbal permission and permits will be obtained from territorial, state, 

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

governmental agencies. 

 If the UAS loses communications with the remote controller or losses GPS signal, the 

UAS will have the capability to return to a pre-determined location within a designated 

location and land autonomously. 
 The UAS will have the capability to abort a flight and return to designated landing area in 

case of unpredicted obstacles, weather, or emergencies. 

 VO or PIC instructed to switch UAS to automatically return home in event either are 

incapacitated. 

As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights at or 

below 200 feet to any UAS operator with a Section 333 exemption, provided the aircraft weighs 

less than 55 pounds, operations are conducted during daytime Visual Flight Rules (VFR) 

conditions and within visual line of sight (VLOS) of the pilots, and stay certain distances away 

from airports or heliports. 

In seeking authorization, petitioners will require exemptions from regulations with which 

they cannot fully comply. The table below provides guidance regarding regulations from which a 

petitioner may require exemption. However, some proposed operations may require exemption 

from regulations not listed here, while others may not require exemption from all regulations 

listed here. 

14 CFR Part 21, Subpart H

14 CFR 45.23(b)

14 CFR 61.113(a)

14 CFR 91.103(b)(2) 

14 CFR 91.105 

14 CFR 91.109

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 

14 CFR 91.405 

14 CFR 91.407 

14 CFR 91.409 

14 CFR 91.417 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. Sec 91.203(a)(1) 

The UAS will operate at 55lbs or less (Gross), carry neither a pilot or passenger, carry no 

explosive materials or flammable liquid fuels, and operate within a secured and pre-determined 

designated area, at altitudes not to exceed 200 feet AGL or speeds in access of 50 MPH. 

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

Regulations require that 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," "light-sport," 

"experimental," or "provisional," as applicable.
Even though the UAS will have no airworthiness certificate, an exemption may 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 UAS, 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 UAS marked on its fuselage 

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

see the identification of the UAS as “Experimental.”

14 C.F.R. Sec 61.113(a) and (b): Private Pilot Privileges and Limitations: 

Pilot in Command, by current regulations because the applicants UAS does not carry passengers, 

or property. The use of UAS is far less dangerous (weight, speed, fuel) than the inherent usage of 

commercial activities outlined in 14 CFR.16. The pilot in command shall hold a current private 

pilot license or above and a state drivers license, which is used in lieu of a medical certificate.

14 C.F.R. Sec. 91.103: Preflight Action: 

Exemption is requested due to fact that FAA rotor flight manuals are not available for UAV. The 

PIC will take all actions as stated in FOM, under normal procedures included but not limited to 

review of weather, examination of batteries for flight time analysis, landing and takeoff distances 

as well as flight and aircraft performance in flight. 

14 C.F.R. Sec 91.105 Flight crew members at station

Exemption may be required, the PIC may not leave his station nor shall VO leave station. In 

event that PIC or VO become incapacitated, UAS is to automatically return to designated landing 

area, as outlined in FOM 

14 C.F.R. Sec 91.109 Flight Instruction (Dual Controls) 

Requiring that no person shall operate a civil aircraft for flight instruction unless the aircraft has 

fully functioning dual controls. UAS and Remote controlled aircraft by design do not have dual 

controls, to do so on a radio controlled aircraft would lower the ability to safely operate the UAS. 

This section cannot reasonably apply 

14 C.F.R. Sec 91.119 Minimum Safe Altitudes 

Mandates safe altitude for operation of civil aircraft and allow helicopter to operates less then 

minimums prescribed, providing the person operating helicopter complies with any route with 

and or altitudes prescribed for Helicopter’s by FAA. Being that UAV is of Helicopters standards 

and operation a request for exemption to operate at altitude’s not to exceed 200 AGL or not more 

than 200 ft above any elevated platform from which take off is necessary to achieved filming. In 

the event of such particular flight plan, property owners, filming crews and other personnel would 
all be briefed as to safety and conduct procedures during flight. FOB or ATC having jurisdiction 

in such area would have notification and briefing as mandated. 

14 C.F.R. Sec 91.121 Altimeter Settings

The requirement of PIC is to use altimeter as means to navigate aircraft to cruise altitudes to and 

from corresponding airports as predetermined in flight plan, unless ordered otherwise. As the 

UAS has no barometric altimeter, but instead uses GPS altitude read out, an exemption would 

need be applied. Per a preflight checklist and live flight data monitoring, the altitude of launch 

site will be predetermined and therefore calculated into the UAS GPS indicator before flight. 

14 C.F.R. Sec 91.151(a) Fuel Requirements for Flight in VFR Conditions

The maximum flight time under ideal conditions is 30 minutes with the current manufacturers 

battery pack. The proposed rule under this exemption would require the UAS to return to its point 

of launch if its battery reaches less than 25% provides a higher standard of safety when applied to 

UAS. 

14 C.F.R. Sec 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections 

Referring to maintenance, preventive maintenance, and alterations to the UAS. The operator will 

provide minor maintenance and inspection to the UAS, documented as outlined in the operational 

and safety guidelines. Given the size and simplicity of the UAS combined with the operational 

and safety guidelines outlined in this petition the operator can maintain or exceed the required 

level of safety. 

Sincerely,

AvStrategies, LLC

Attn: Brian T. Foley

49 Seneca Trail

Sparta, NJ 07871

(973) 729-6914

b@brifo.com