July 11, 2015 

U.S. Department of Transportation Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE Washington D.C. 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 61.113(a) and (b); 91.103; 91.119(c); 91.121; 

91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b).

Dear Sir or Madam:

I, William R. Nobles, Jr., d.b.a. Aerial Technologies, LLC, am writing pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, 

Aerial Technologies, LLC, an owner and operator of Small Unmanned Aircraft Systems 

(“sUAS”) for aerial video and still image acquisition including but not limited to, the following 

industries: 

• research 

• motion picture and television

• real estate

• utility and building inspection including but not limited to cell towers, power lines, 

commercial and residential structures 

• mapping and survey

• agriculture

• search and rescue

• aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority

hereby applies to be exempted from the Federal Aviation Regulations (“FARs”) to allow 

commercial operation of its sUASs in airspace regulated by the Federal Aviation Administration 

(FAA).

Aerial Technologies, LLC's requested exemption would permit the operation of sUAS under 

controlled and secure conditions that is: (a) limited, (b) predetermined, (c) subject to controlled 

access, and (d) provide greater safety in connection with aircraft operations. As established by 

the exemptions already granted by the FAA, approval of Aerial Technologies, LLC's exemption 

would 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) of the Reform Act.
The name and address of the applicant is: 

Aerial Technologies, LLC

William R. Nobles, Jr.

800 Tarpon Woods Boulevard 

Unit F-2 

Palm Harbor, FL 34685

email: teamnobles@icloud.com

Regulations from which the exemption is requested:

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

H

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

14 CFR 61.113(a) and (b): Private Pilot Privileges and Limitations

14 C.F.R. 91.103: Preflight Action

14 C.F.R. §91.109: Flight Instruction

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

14 C.F.R. 91.121: Altimeter Settings

14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

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

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

All sUAS operated by Aerial Technologies, LLC weigh less than 55 pounds, including the 

payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50 knots, can 

hover, and can simultaneously move vertically and horizontally. Aerial Technologies, LLC will 

only operate its sUASs in line of sight and will operate only within the secure area described in 

the FOPM. Such operations will insure that the sUAS will “not create a hazard to users of the 

national airspace system or the public.”
Given the small size of Aerial Technologies, LLC's sUAS and the restricted secure environment 

within which they will operate, Aerial Technologies, LLC's sUAS operations adhere to the 

Reform Act’s safety requirements. Additionally, due to the size of the sUAS, permission from 

relevant property owners or other applicable parties, and the limited areas in which they will 

operate, approval of this application presents no national security issues. Based on the substantial 

level of safety surrounding the proposed operations, and the significant public benefit (enhanced 

safety), reduction in environmental impacts (reduced emissions and noise), the grant of the 

requested exemption is in the public interest. Accordingly, Aerial Technologies, LLC respectfully 

requests that the FAA grant the requested exemption.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by Aerial Technologies, LLC provide for at least an 

equivalent or higher level of safety because operations further enhance safety of aerial image 

collection rather than using conventional aircraft.

The limitations and conditions include: 

• The sUAS will weigh less than 55 pounds. 

• Flights will be operated within line of sight of a pilot and/or observer. 

• Maximum flight time for each operational flight will be no more than 30 minutes. Flights will 

be terminated at no less than 15% battery power reserve should that occur prior to the 30 minute 

limit. 

• Flights will be operated at an altitude below 400 feet AGL, and not more than 200 feet above 

an elevated platform from which filming is planned. 

• The sUAS will only operate within a confined secure area as defined in the FOPM. 

• A briefing will be conducted for planned sUAS operations prior to each day’s flight. All 

personnel performing duties within the boundaries of the safety perimeter are required to attend. 

• The Observer and pilot will be able to communicate by voice at all times. 

• All appropriate permissions and permits will be obtained from territorial, state, county, or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

• If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to 

return to a pre-determined location within the secure perimeter and land. 

• The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 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 Applicant, an exemption from Part 

21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 

333 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. In all cases, 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 rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 pounds fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured and designated area. Unlike other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. These safety enhancements provide a greater 

degree of safety to the public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.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 inability to carry a substantial external load. 

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

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 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 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. § 61.113(a) and (b): Private Pilot Privileges and Limitations, Pilot in Command 

Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the sUAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s 

license rather than a commercial pilot’s license to operate a sUAS. Unlike a conventional 
manned aircraft, a sUAS is remotely controlled by a ground-based operator. The operational 

area is controlled and restricted, and all flights are planned and coordinated in advance. The level 

of safety exceeds that provided by a single individual holding a commercial pilot’s certificate 

operating a conventional aircraft. The risks associated with the use of a sUAS are so diminished 

from the level of risk associated with commercial operations contemplated by Part 61 allowing 

sUAS use by a sport pilot as the PIC exceeds the present level of safety sought by 14 C.F.R. 

§61.113 (a) and (b). 

14 C.F.R. § 91.103: Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. 

However, an equivalent level of safety will be provided. The PIC will take all actions, including 

reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft 

performance data before commencement of flight.

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. UAS and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119(c): Minimum Safe Altitudes

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

in pertinent part, that: “except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: ..... (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.” 

Because Aerial Technologies, LLC requests authority to operate at altitudes no higher than 400 

AGL, and not more than 200 above an elevated platform from which filming is planned, an 

exemption is needed to allow such operations. Except for the limited conditions stated in the 

FOPM, the sUAS will never operate higher than 400 AGL. It will, however, be operated in a 

restricted area within a security perimeter, where buildings and people will not be exposed to 

operations without their pre-obtained consent.
The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS as 

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

property owners or local officials. Because of the advance notice to the property owners and 

participants in the filming activity, all affected individuals will be informed of the planned flight 

operations. Compared to flight operations for manned aircraft and the lack of flammable fuel, 

any risk associated with the proposed sUAS operations is far less than conventional aircraft 

operating at or below 500 AGL. In addition, the low-altitude operations of the sUAS will ensure 

separation between a sUAS and conventional aircraft. 

14 C.F.R. §91.121: Altimeter Settings

Section 91.121 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 a sUAS may not have a barometric altimeter, 

but instead a GPS altitude data, an exemption is needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the FOPM and Safety Check list, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. 

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

Section 91.151(a) prohibits an individual from beginning “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 . . . .”

The typical battery powering the Aerial Technologies, LLC sUASs provides less than 30 minutes 

of powered flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flight 

would not be possible. Given the limitations on the sUAS’s proposed flight area and its 

proposed operations within a predetermined location, a longer time frame for flight in daylight 

VFR conditions is reasonable. Furthermore, operating the sUASs in a tightly controlled area 

where only people, property owners, or official representatives who have signed waivers will be 

allowed, less than 30 minutes of reserve fuel does not engender the type of risk that §91.151(a) 

was intended to address.

Aerial Technologies, LLC believes that safety can be achieved by limiting flights to 30 minutes 

or 15% of battery power, whichever occurs first. This restriction would be more than adequate to 

return the sUAS to its pre-determined landing zone from anywhere in its limited operating area. 

14 C.F.R. §91.405 (a); 407 (a) (1); 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 sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to Aerial Technologies, LLC operations. Maintenance will be 

accomplished by the operator. An equivalent level of safety will be achieved because the sUASs 

are limited in size, will carry a small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise, the sUAS can land immediately and will be operating 

from no higher than 400 feet AGL. As provided in the FOPM, the operator will ensure that the 

sUAS is in working order prior to flight, perform any required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator is the person most familiar with the sUAS 

and best suited to maintain it in an airworthy condition.

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 for maintenance and use of safety check lists prior to each flight an 

equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not 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. The UAS, 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 flight 

manual at the ground control point where the pilot flying the UAS will have immediate access to 

it. 

Summary for Publication

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: 

Aerial Technologies, LLC seeks an exemption from the following rules:

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

H; 14 C.F.R. § 45.23 (b): Marking of the Aircraft; 14 CFR 61.113(a) and (b): Private Pilot 
Privileges and Limitations; 14 C.F.R. 91.103: Preflight Action; 14 C.F.R. §91.109: Flight 

Instruction; 14 C.F. R. 91.119: Minimum Safe Altitudes; 14 C.F.R. 91.121: Altimeter 

Settings; 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions; 14 C.F.R. 

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

§91.7(a): Civil Aircraft Airworthiness; 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual 

in the Aircraft 

to operate commercially a small unmanned vehicle (55 pounds or less) in commercial image 

acquisition operations.

As established by the sUAS exemptions already granted by the FAA, allowing commercial 

operations of sUAS in research, motion picture and television, real estate industry, utility and 

building inspection, mapping and survey, agriculture, search and rescue, aerial inspection/

photography of residential and commercial structures under contract with the owners or local 

government authority will enhance safety by reducing risk to the public and the NAS. 

Conventional survey, agricultural, mapping, inspection, and film operations, using turbine 

aircraft, operate at low altitudes and present the risks associated with aircraft that weigh in excess 

of 4,000 pounds, and which carry large amounts of fuel. Such aircraft must also fly to and from 

the desired target location. In contrast, a sUAS weighing fewer than 55 pounds and powered by 

batteries eliminates virtually all of that risk given the small size and lack of combustible fuel. 

The sUAS is carried, and not flown, to desired target location. In this regard, the sUAS carries 

no passengers or crew and, therefore, will not expose them to the risks associated with manned 

flights.

The operation of sUAS conducted in the strict conditions outlined in the FOPM will provide an 

equivalent level of safety supporting the grant of the exemption requested herein. The sUAS 

operate at slow speeds, close to the ground, and in a secure environment. As a result, they are far 

safer than conventional operations conducted with turbine helicopters flying near the ground and 

people.

Privacy

All flights will occur over private or controlled access areas with the property owner’s prior 

consent and knowledge. Recognizable images will only be recorded of people who have given 

their consent or otherwise have agreed to be in the area where active image acquisition will take 

place, or are in a place where there is no expectation of privacy. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (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 to grant Aerial 

Technologies, LLC’s requested exemption, allowing for Aerial Technologies, LLC's sUAS 

commercial operations for the listed industries pursuant to the included FOPM.
Any further questions or requests for documentation should be directed to William R. Nobles, Jr. 

by telephone at 727-366-7770 or email at teamnobles@icloud.com.

Sincerely, 

William R. Nobles, Jr. 

Aerial Technologies, LLC.