Sharper Vision, LLC David Paul Jeffway

37 Front Street

Leeds

, MA 01053 ( 413 )

- 588

- 8540 david@jeffway.com

Date: October 3 , 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Petition of Sharper Vision , LLC f or Exemption Pursuant to Section 333

of the FAA Reform Act

Attn: To whom it may concern

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

and 14 C.F.R. Part 11 Sharper Vision , LLC , operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography and videography

, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exemption wo uld permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow Sharper Vision , LLC to conduct commer cial operations of small unmanned aircraft systems (“UAS”) meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. Page 2

. Sharper Vision , LLC asks that if any part of this request is deemed not in compli ance, that part be removed and process the remaining of this request as applicable.

Sharper Vision , LLC is a media/technology company owned and run by David Paul Jeffway

. Mr. Jeffway , or the trained PIC will maintain at least a Sport Pilot Certificate an d a current Class III

medical certificate or drivers license

, plus at least 2 hours flying time and 3 takeoffs and landings within the previous 30 days in the type of UAS utilized in operations. Mr. Robert Jeffway, Jr. in his employ holds a valid Private P ilot License, Class III Me dical Certificate and current Biennial Flight Review. Mr. Jeffway has 44 years of flying experience and his time is over 1,500 hours. Mr. Jeffway has also been trained and flying Radio Controlled Aircraft for over 15 years and has extensive familiarity and experience flying fixed wing and rotary wing aircraft. Sharper Vision , LLC plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying- Event Photography/Videograp hy

- Agriculture purposes

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism f or seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehens ive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several f actors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief From the Following: Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23 (b)

14 C.F.R. 61 .113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119 14 C.F.R. 91.121Page 3 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.205 (b)

14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417)

Unmanned Aircraft System sU A S s are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much

smaller environmental impact which promotes public safety.

We are petitioning for exemption to enable 417 Sharper Vision , LLC to operate the DJI Phantom

3 Professional

, always upgraded to the most recent firmware and equipped with a three

- axis

camera gimb al and using a High

- Def camera. The DJI Phantom 3 Professional also has the built

in capability to limit the height it flies above the ground, and to limit the radius of the distance it flies from the operator. This sUA S has the failsafe f unction of the autopilot system which means when the communication between the Main Controller and the transmitter is disc onnected, the outputs of all command sticks from controller will go to the center position. If the GPS signal is good enough, the system will automatically trigger Return to Home and will land safely.

Please refer to the Instruction Manual s for the perfor mance limitations and flight operations.Aircraft Gross weight , including battery and 3

- axis gimbal and high def camera is 45 oz.

A Pre

- flight inspection will be performed by the PIC in accordance with the factory instruction manual. An added step wil l be the inspection of the propellers. A propeller will be replaced if it has any nicks and cracks with a manufacturers authorized propeller.

The sUA S will be maintained in accordance with the manufacturers instruction manual and only

manufacturer's autho rized replacement parts will be used.

FCC Information

This transmitter used for controlling the sUA S complies with part 15 of the FCC rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2 ) this device must accept any

interference received, including interference that may cause undesired operation.

The radio transmitter used for controlling the sUA S is wireless technology which has been t ested

and found to be compliant with the applicable r egulations governing a radio transmitter in the

2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance When operating our transmitter, the PIC will maintain a separation distance of at least

5 cm between his body (excluding fingers, hands, wr ists, ankles and feet) and the antenna to

meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain at least a Sport Pilot Certificate and a current Class III medic al certificate

or drivers license

, plus at least 2 hours flying time and 3 takeoffs and landings within the previous 30 days in the type of UA S utilized in operations. The PIC will have at least 100 hours

total time and at least 30 hours flying Radio Contr olled Mo del Aircraft of which will be 10 hours flying sUA S 's.

Training will be conduct ed at a local Controlled Access flying field

. Sharper Vision , LLC has the
ability to provide "dual controls" utilizing two transmitters with a wireless link between the
transmitters. One transmitter is designated the master transmitter and the other transmitter is
designated as a slave. The PIC instructor, utilizing the master transmitter, will be at all times be

able assume control of the sUAS.

The PIC is responsible f or the safe and efficient operation of the aircraft. Specific duties include all preflight preparation, in flight operation, post flight requirements, all procedures including but

not limited to: Safe in flight operations
Risk Mitigation to Persons and property Airfield SuitabilityThe Observer must have the visual acuity to observe the sUAV and be able to communicate clearly with the PIC. The Observers duties are; warning the PIC of any impending obstacles in the flight path of the sUA S

. warning th e PIC of any deviations in the planned flight path of the sUA S

. warning the PIC should any unauthorized personnel appear in the area of the planned flight.

The Observer will have the authority to order the PIC to terminate the flight should he feel the

fli ght cannot be conducted safely.

General Operating Standards

Sharper Vision , LLC will only operate its sUA S in line of sight of a pilot and/or observer and will operate at sites that are a 'suf ficient distance' from populated or hazardous areas. Such

op erations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public."

• Before an operation of a sUAV within 5NM of a n airport with a control tower, the control

tower wi ll be called to gain permission to ope rate the sUA S . The PIC will give the position

, altitude and t he times the sUAS will be operated. The sUA S will not be ope rated at an altitude of

over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

Before an operation o f a sUA S within 5NM of a non

- tower controlled , airport operators will be

notified and the PIC will give the right of way to avoid flying in the proximity of full

- scale

aircraft. At no time will the sUAS be operated within the final approach course and the takeoff course of any runway . The sUAS will not be ope rated at an altitude of over 150 feet AGL.

Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

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

• Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute

limit.

• The sUAV will be programmed so that it will be operated at an altitude of no more than 400

feet AGL , and not more than 200 feet above an elevated platform from whic h filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

• The sUA V operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals ).

• The sUAV will opera te at speeds of no more than 25 knots, can hover, and can simultaneously move vertically and horizontally.• Given the small size of the sUAV and the restricted sterile environment within which they will operate, our sUA V operations adhere to the Reform A ct's safety requirements.

The UA S , powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and the reby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 20 minutes, this is offers little or no risk to national security.

Low level oblique photos and video from several angl es are far more effective than ground based imagery for displaying the characteristics of large, complex properties with several buildings and large trees. The applicants in the past have chartered 2

- seat full

- sized helicopters for this purpose, which has proven more costly than many potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the UA will be valuable to and benefit many buye rs and sellers of real property as well as mitiga ting risk by no t carrying personnel for flight operations.

(a) No flight will be made with a Gross weight exceeding 55 pounds ;

(b) All operations must occur in FAA allowed Class of airspace at no more than 400 ft AGL, at an airspeed of no more than 25 knots and no furt her than Visual line of sight or 3/4 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation;

(d ) All required permits will be obtained from state and local government prior to operation;

(e) Operations will be restricted to flights over private property with the permission of the

property owner;

(f) Sharper Vision , LLC will not be operated over densely populated areas;

(g) Sharper Vision , LLC wil l not be operating over any open

- air assembly of people;

(h) Sharper Vision , LLC will not be operating over heavily trafficked roads;

(i) Sharper Vision , LLC will not be operating at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Sharper Visi on , LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAs System:

14 CFR Part 21, Airworthiness Certificates This part establishes the procedures for the iss uance of an airworthiness certificate. While theFAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Phantom 3 under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development

. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations

. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates , flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstra tions, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airwort hiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph

.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display "N" and the aircraft's registration

number in letters at least 3 inches high. Additionally, the aircraft must display the word

"EX PERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display at the groun d station a high contrast flag , sign or banner that contains the wo rds

"Unmanned Aircraft in Use " in letters 3 inches high or greater. Since the air craft will operate within Line of Sight or no more than 3/4 NM of the ground station, the banner should be v isible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carrypassengers or property for compensation or hire. Our proposed operations require that the PIC must hold at least a Sport Pilot Certificate with a Drivers License and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthin ess certificate . As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements

. This regulation provides that no person may ope rate an aircraft unless a current, approved flight

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight

manual information is available to the aircrew while operating the aircraft. We request an exemption to thi s requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, ap proved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that "No pers on may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Training will be conducted at
a local Radio Control Club flying field. Sharper Vision, LLC has the ability to provide "dual
controls" utilizing two transmitters with a wireless link between the transmitters. One transmitter
is designated the master transmitter and the other transmitter is designated as a slave. The PIC
instructor, utilizing the master transmitter, will be at a ll times be able assume control of the

sUAV.

91.119 Minimum safe altitudes : General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the ty pical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre

- planned flight path has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we

maintain that d ue to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.CFR 91.121 Altimeter settings

. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An

Abov e Ground Level altimeter measurement above the takeoff point is transmitted via radio

from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR cond itions

. The regulation provides that no person may begin a flight in an airplane under day

- vFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delay s to landing. The sUAS is battery operated and the maximum duration of flight fr om a single battery charge is 20 minutes with a 25 % reserve. Since the

air craft will never fly more than line of sight or maximum 3/4 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretati on with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required

. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the a ircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 p ounds, the sUAS is too small to carry documen tation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be with

the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR 91.205(a), (b), (c) Instrument and Equipment Requirements This regulation provides a minimum set of instruments and equipment required for day and night VFR flight. Due to the small size of the sUAS it would be impossible to carry many of these

instruments. 91.205 ( b ) 4,5,6,7,8,13,14,16,17 are not applicable as the sUAS has no Reciprocating engines or seats. 91.205 (b) 2,3,9 are provided on the hand held controller

. 91.205(b) 1 is not applicable as the maximum available speed of the sUAS is less than the maximum required by this exemption and has no effect on performance. 91.205 (b) 10 is not applicable as the landing gear position can be verified visually before landing. 91.205 (b) 15 Due to the size it would be impossible for the sUAS to carry any known ELT. 91.205 (c) Much of this equipment is too he avy to be carried by the sUAS . We feel that visual contact with the sUAS and indications provided via the controller that all critical information can be monitored.14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airwor thy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their des ignated repair facility. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Safety and Benefits of the UAS Sharper Vision , LLC will be using the UAS in a variety of applications that generally require expensive full

- size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad benefits over the use of full

- sized manned aircraft for electric power line inspection, oil/gas pipeline ins pection, advanced agriculture, film and still photography, just to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin of safety for the pil ots and crew. By granting Sharper Vision , LLC ‘s requested exemptions, the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. Sharper Vision , LLC is committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause to grant this Petition.

Conclusion As pointed out in this application, all the SUAs which our company would use, under authorization by the US DOT

- FAA, are small, light

- weight devices operated within the line of sight of the Pilot

- in

- Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight

within a radius of this distanc e.

All our SUAs have proven capability for controlled flight. They are devices offered for general

sale on the market around the world and have often been used as Model Aircraft in the USA. We are certain that the studies conducted until now by the FAA, a bout Section 332, Public Law

112

- 95, 2014, have already provided you with the assurances on the airworthiness of SUAs

such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and Sharper

Vision , LLC should be permitted to con duct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA.The submission of this application and its contents is the best demonstration that indeed it is possible to pursue the authorization process so that some SUAs may be used for legitimate commercial activities and under reasonably safe conditions. If any individual aspect of this request for exemption be unacceptable we ask that it be struck alone and the remainder of the

ex emption be allowed as requested.

Respectfully submitted,

David Paul Jeffwa y Sharper Vision , LLC