1 January 1 2, 2016

U.S. Dept. of Transportation, Docket Operations VISION + SKYVIEW, Inc. West Building Ground Floor, Room wl2

- 140 6841 SW 147 th ave Apt 3G 1200 New Jersey Avenue, SE. Miami, FL 33193 Washington, DC 20590 (786) 387

- 1193 hperez@ visionpluskyview.com

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") a nd 14 C.F.R. Part 11, VISION + SKYVIEW, Inc. seeks an exemption from Federal Aviation Regulations ("FARs") detailed below for the following described Unmanned Aerial System called in this application the VISION+ System,

which includes an Unmanned Aircraft (UA) and ground station

- based equipment and crew:

THE UNMANNED AIRCRAFT (UA):

• A lightweight (2.8 lb. gross weight with all on

- board equipment), battery operated 4

- motor rotorcraft in the form of a quadcopter that takes off and lands vertical ly, manufacture d by DJI, Phantom 3 Advanced that includes all the following equipment in flight:

• An on

- board flight computer with GPS navigation and location ability that receives signals for flight controls from a ground

- base d transmitter/controller;

• An on

- board camera capable of capturing imagery in the form of full color, high definition still photos and video;

• An on

- board telemetry system that delivers flight data from the on

- board flight computer to the on

- board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site;

• A 2.4GHz on

- board radio transmitter that transmits live video from the on

- board c amera plus all the flight data from the telemetry system described above;

THE GROUD STATION

- BASED PART OF THE SYSTEM:

• A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who

controls the UA while in the air;

• A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight;

• A radio receiver receiving live video and flight data from the on

- board camera and computer projects it all together ont o a screen for the PIC to view during flight;

• A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UA while in flight.2 The requested exemption would support an application for a commercial Certificate of Authorization to use the

above described VISION+ System to :

• Support aerial photography and video primarily of real estate property.

• Wedding and wedding engagement session.

• High school senior sessions.

• Youth sports.

• Land survey

The UA, 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 thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 22 minutes, this offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground

- based imager y for displaying the characteristics of large, complex properties with several buildings and large trees. The alternative

could be to charter a full

- sized helicopter for this purpose, which has proven more costly than many potential

clients are able to aff ord. The benefits of reduced cost and improved quality of presentation from the U A will be valuable to and benefit many buyers and sellers of real estate property.

The VISION+ System will be operated in the field with both a PIC and a VO in accordance wi th FAA Policy N 8900.227 Section 14 "Operational Requirements f or UAS" and with the following r estrictions:

a) No flight will be made with a UA Gross weight exceeding 2.8pounds;

b) All operations must occur in FAA Class G airspace at no more than 400 ft

. AGL, at an airspeed of no more than 50 knots and no further than 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 operatio n;

d) Operations will be restricted to flights over property with the permission of the property owner;

e) The PIC must have accumulated and logged, a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at leas t ten hours logged as a UA pilot with a similar UA type;

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

g) The VISION+ System will not be operated over densely populated areas;

h) The VISION+ System will not be operated at air shows;

i) The VISION+ System will not be operated over any open

- air assembly of people;

j) The VISION+ System will not be operated over heavily trafficked roads;

k) The VISION+ System will not be operated within 5 NM of an airp ort or heliport;

l) Operations will be restricted to day only and weather conditions equivalent to VFR;

m) The PIC will brief the VO and property owner about the operation and risk s before the first flight at each new location;

n) No flight may be made without a Pre

- Flight Inspection by the PIC before each operation to ascertain that

the U A is in a condition safe for flight (see Appendix B ).3 The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Sectio n 16 P ersonnel Qualifications . Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance instruction as part of their initial training.

We submit that the combination of the UA's light weight, flight per formance and ability, fully qualified flight crew and strict operation under the guid elines established in 8900 .227 , and under all of the restrictions (a) through (n) listed above, the FAA can have full confidence that the operation will have an equivalen t or greater level of safety than manned aircraft performing the same mission.

The name and contact information of the applicant are:

VISION + SKYVIEW, Inc.

Attn: Heber Perez

Ph: (786) 387

- 1193

hperez@ visionpluskyview.com

The regulations from which the exemption is requested are listed below. Beside each regulation number is the page of the attached Addendum upon which each may be found together with our proposed equivalent level of safety for each regulation:

− 14 CFR Part 21..

. ... ........................ .......................... ................. . .......... Appendix A Page 1 (4)

− 14 CFR 91.203..

. .................................................. ................................ Appendix A Page 1 (4)

− 14 CFR 45.23, 45.29.......................

.............. .................................... ... Appendix A Page 2 (5)

− 14 CFR 91.9

....................................... ..................................... Appendix A Page 2 (5)

− 14 CFR 61.113, 61.133...

.................................................. ................... Appendix A Pag e 2 (5)

− 14 CFR 91.109, 91.119, 91.121

...................................... ......... Appendix A Page 3 (6)

− 14 CFR 91.151...

....................................... ............................. Appendix A Page 3 (6)

− 14 CFR Subpart E (91.401

- 91.417).

.................................................. ..Appen dix A Page 3 (6)

− FAA Policy 8900.227 Paragraph 16(c) (4) and Paragraph 16(e) (l) ... Appendix A Page 4 (7)

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. Please contact us at any time if you require additional information or clarification. We look forward to working with your office.

Sincerely

Heber Perez

Owner / Photographer

VISION + SKYVIEW, Inc.

Addendum containing Exemption Requests and Equivalent Level of Safety

Appendix A

– FAA Reg ulations Excerpt and Equivalent of Safety

Appendix B

– Flight Manual4 APPENDIX A

– FAA REGULATIONS EXCERPT AND EQUIVALENT OF SAFETY

- 14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate

be issued for the VISION+ System 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 techniqu es, 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 pur poses such as market surveys, sales demonstrations, 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 on ly 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 performin g the same mission.

If an experimental airworthiness 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 lev el of safety outlined in the previous paragraph.

- 14 CFR 91.203(a) & (b) Civil A ircraft: 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 aircraft. Additionally, subparagraph

(b) Provides that the airworthiness certificate be "dis played at the cabin or cockpit entrance so that it is legible to passengers or crew."

At a maximum gross weight of 2.8 pounds, the UA is too small to carry documentation, 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 co

- located with the crew at the ground control station and available for inspection upon request. In o rder 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 i nformation plus the word "EXPERI MENTAL" to satisfy the requirem ent of 14 CFR 45 .23, which follows immediately after the proposed placard description below:5 Manufacturer: DJI Innovations, Inc. Address: 14th Floor, West Wing, Skyworth Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, Shenzhen, China, 518057.

If found please contact Heber Perez (786) 387

- 1193

- 14 CFR 45.23 Display of marks; general and 45.29 Size of M arks.

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

"EXPERlMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The UA does not have an entrance in which the word "EXPERlMENTAL" can be plac ed, 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 "EXPERlMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vi cinity 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.

Fi nally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the banner shou ld be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

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

This regulation provides that no person may operate an aircraft unless a curren t, 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 this 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, approved UA Flight Manual (Append ix B ) must be available to the crew at the ground station anytime the aircraft is in, or preparing for flight

.

- 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 employm ent if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

Our proposed operations require that the PIC must either :

1. Hold a Commercial Pilot Certificate issued by the FAA, and have logged 25 hours of flight experience in this type of UA, or

2. Meet the requirements of 8900.227 para 16(c) (2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written examination." Since there are currently no means available for the pilot of a UAS to gain the experience in an equivale nt category and class in order to apply for a commercial pilot's license, we propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition to completing the private pilot requirements. 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.6 − 14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction u nless that aircraft has fully functioning dual controls."

The VISION+ System ground

- based control station consists of a small hand

- held radio transmitter and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and in structor having "hands

- on" the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

- 14 CFR 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 aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this requirement.

In order to provide an equivalent level of safety we will only fly over private property with a size of at least two acres with the permission of the owner of the property flown over. The aircraft will not be operated over congested areas or over any open air assembly of persons. The property owner will be briefed on the expected route of flight and the associated risks to persons and property on the ground. 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 due to the small size of the UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.

- 14 CFR 91.121 Altimeter settings.

The reg ulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available

within 100 NM of the aircraft.

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent

c onflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UA on

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

AGL readout.

- 14 CFR 91.151 Fuel re quirements for flight in VFR conditions.

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 fi rst point of intended landing and to fly after that for at least 30 minu tes.

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The UA is battery operated and the maximum duration of flight from a single battery charge is 18 minutes with a

20% reserve. Since the a i rcraft will never fly more than 5 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 interp retation with the word "energy".

- 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 airworthy condition, including comp liance 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." As provided in the Pre

- Flight Checklist in Appendix B , 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 hour s of flight. Maintenance perform ed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connectio ns and updating software and firm ware for the on

- board computer. All

other main tenance will be performed by the manufacturer or their designated repair facility. The PIC will7 document work perform ed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

- 8900.227 Paragraph 16(c)(4) PIC Medical and Paragraph 16(e)(l) Observer Medical.

This policy provides that both the PIC and VO must have a valid FAA second

- class medical certificate issued under part 67 in order to perform as a pilot or o bserver.

The UA maximum gross weight is 6.5 pounds, it is constructed of carbon fiber and plastic and the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the PIC and VO become medically incapacit ated while the aircraft is in flight, the UA will return autonomously to the site of launching and land without crew intervention.

Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot carrying passengers in a lar ge aircraft is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can see and avo id air traffic; a licensed driver is medically qualified to operate a much larger vehicle.8 APPENDIX B

- FLIGHT MANUAL

FLIGHT RESTRICTIONS

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

b) All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at an airspeed of no

more than 50 knots and no far ther than 3/4 NM from the PIC;

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

d) Operations will be restricted to flights over property with the permission of the property owner;

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b)

, a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA type;

f) All required permits will be obtained from state and local government prior to op eration;

g) The VISION+ System will not be operated over densely populated areas;

h) The VISION+ System will not be operated at air shows;

i) The VISION+ System will not be operated over any open

- air assembly of people;

j) The VISION+ System will not be operated over heavily trafficked roads;

k) The VISION+ System will not be operated within 5 NM of an airport or heliport;

l) Operations will be restricted to day only and weather conditions equivalent to VFR;

m) The PIC will brief the VO and p roperty owner about the operation and risk before the first flight at each new location;

n) No flight may be made without a successful Pre

- Flight Inspection by the PIC before each operation to

ascertain that the UA is in a conditi on safe for flight.

PREFLIGHT CHECKLIST

1. Remote controller, aircraft battery, and mobile device are fully charged.

2. Propellers are mounted correctly and firmly.

3. Micro

- SD card has been inserted if necessary.

4. Gimbal is functioning as normal.

5. Motors can start and are functioning as normal.

6. DJI Pilot app connected to the aircraft.

TO REGAIN CONTROL AFTER LOST RADIO CONTACT

If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature is activated and

will b ring the UA V back to the PIC.