Exemption Request

Page 2 of 11 1802 SWBeeksma Drive Oak Harbor, WA 98277 http://www.vividaa.com

April 6, 2015

US Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Attn: Mr. Robert Pappas
RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations
Dear Mr. Pappas : Please consider this request for exemption from the Federal Aviation Regulatio ns being submitted to you p ursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) a nd 14 CFR Part 11. The specific regulations for which this application is submitted are set out in Appendix A to this letter request. This request is submitted by Babiyo Enterprises, LLC d/b/a Vivid Aeri al Ascent (“VVA”). VVA requests an exemption to allow its to use of the DJI Phantom 2 Vision Plus , Unmanned Aerial System (UAS) in commercial operations for purposes of aerial photography and videography; but only 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 or Section 49 USC § 44701.

“Vivid Aerial Ascent” is the assumed business name adopted by Babiyo Enterprises, LLC, a Washington limited liability company. The members of Babiyo Enterprises are Christon Skinner, Paul Skinner and Justin Skinner. The address of the company is 1802 SW Beeksma Drive, Oak Harb or, W ashington 98277.Exemption Request

Page 3 of 11 As described more fully below, the requested exemption would permit the operation of the UAS by the applicant for commercial use s and purposes that would provide the following benefits: 1. Operations would be performed in an area of ope ration that limited in size , suitable to the specific use, in advance of flight.

2. The flight would be planned in advance to minimize hazards to persons and property in the air and on the ground.

3. The operator would reasonably limit or control access to p rovide safety to those not involved in the operation.

4. Operation of a UAS in the particular application intended would provide significant safety, environmental and other enhancements not possible by larger sized aircraft.

5. A member of the company wi th 80 hours of flight training from a FAA certified instructor would operate the UAS or directly supervise the operation. 6. The exemption will p rovide a beneficial and currently unavailable service to government organizations such as state and county en vironmental agencies, planning and community development departments and the general public in a manner that would serve the public interest. Approval of this exemption will enhance the safe use and operation of unmanned aerial vehicles and their incidental uses and fulfill the Secretary of Transpo rtation'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. It is possible to operate the UASs so as not to create a hazard to users of the National Airspace System (NAS) and the public ; or pose a threat to national security if operation is done safely and responsibly. This a pplicant has demonstrated a willingness to act safely and responsibly by not previously engaging in unauthorized commercial UAS operations. The applicant has, in fact, worked with , and is a member of, the Academy of Model Aero nautics (AMA) and the Association for Unmanned Vehicles International (AUVSI). In addition, the applicant is a member of the Wh idbey Island (W ashington) Remote Control Society, our local UAV authority. VVA proposes that the exemption requested apply to civil aircraft th at have theFAA Sec. 333 Exemption Request

Page 4 of 11 characteristics of UAS and that operate with the limitations listed herein. These limitations provide for at least an equivalent

- or higher

- level of safety to operations under the current regulatory structure as the proposed op erations and represent a safety enhancement to the already safe aerial commercial photography and survey operations conducted with conventional aircraft. And the cost of providing the proposed photography and videography services through the use of UASs wi ll be substantially less than through conventional fixed wing and rotor aircraft. Those UAS 's that the applicant intends and plans to operate are DJI Phantom 2 Plus rotorcraft weighing 55 or fewer pounds including payload. They would operate, under normal condition s, at a speed of no more than 40 knots. The principal construction material of these UAS craft would be foam and/or plastic. Operations will be performed by a qualified UAS pilot in command (“ PlC ”) , as outlined below, to insure that the UAS will “not c reate a hazard to users of the national airspace system or the public." Given the small size of the UAS s involved and the pre

- planned environment within which they will operate, the applicant believes that these operations fall squa rely within that zone of safety (and equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS s to commence immediately. Also, operation in a researched (to include appli cable NOTAMs), pre

-defined area, wil l prevent the possibili ty of a national security issue that might unduly burden law enforcement and other agencies tasked with addressing any breaches or threats in this area. W e sincerely believe that the operation of UAS s by knowledgeable professionals with experience in the NAS , will actually serve to enhance safety, add to the public benefit and reduce environmental impacts related to current methods of aerial photography and survey , i.e., through the use of conventional aircraft

. The following are th e limitations and conditions to which the operator, or it's employees, acting as UAS PIC , agree to be bound when conducting commercial operations under an FAA issued exemption: 1. Safety will be the first and foremost consideration in any UAS operation. 2. The UAS pilot will be a person with at least 80 hours of flight training from an FAA licensed flight training instructor or the UAS pilot will be directly su pervised by a person with at least 80 hours of flight training from an FAA licensed flight training instructor. 3. The UAS FAA trained airman will be considered Pilot in Command (PlC), whether flying or supervising, and will be responsible for safe operation of the flight. 4. Flights will be operated with in visual line of sight (VLOS) of the PIC or an obse rver, in accordance with the statutory mandate under Section 333(b)(1) and operated below 400 feet above ground

. A spotter/observerExemption Request

Page 5 of 11 will be used to assist the PIC with constant visual contact of the UAS. 5. The DJI Phantom 2 Vision Plus UAS is designed to op erate at sp eeds no greater than 40 knots

. 6. The UAS will weigh less than 55 lbs ., total. 7. Flights will be operated during daylight hours in Class G airspace whenever possible. lf

operation in other airspace is required, the relevant controlling agency will be notified at least 24 hours prior to the operation and, if required, any necessary permission obtained. 8. Flights will be operated under visibility and cloud cleara nce requirements equivalent to Vi sual Flight Rules (VFR). 9. VAA does not intend to operate within five miles of any airports. The DJI Phantom 2 Vision Plus , “DJI Vision App” sof tware precludes UAS operation within five miles of any rated airport. 10. The UAS will at all times give way to any aircraft carrying persons.
11. Minimum crew for each operation will consist of the UAS PlC and a spotter or observer . The observer, if required, and PIC will at all times be able to communicate by voice and/or text.

10. Pri or to a UAS flight, an area of operation will be established. This area of operation will include a defined lateral and vertical area, where the UAS will operate. Safety procedures will be established for persons, property and applicable airspace within the area of operation. 11. Flight planning will include fligh t completion with at least 20% battery power remaining as measured by the UAS or appropriate timing.
12. lf equipped, and appropriate for the operation, UAS aircraft will utilize GPS navigation, failsafe, return

-to

- home (RTH) and/or flight abort safety feature s. 13. A briefing will be conducted in regard to the planned UAS operations prior to operation at each new location. All personnel who will be performing duties within the boundaries of the area of operation will be present for this briefing. 14. All required permissions and permits will be obtained from appropriate state, county or city jurisdictions, including local law enforcement, fire, orFAA Sec. 333 Exemption Request

Page 6 of 11 other appropriate governmental agencies. 15. Written, to include electronic, and/or oral permission from the relevant property owners will be obtained prior to an operation. 16. The UAS pilot will be trained in advance for the safe operation of the UAS to be operated. This will include operation of the UAS both in normal and emergency modes of operatio n, and will include familiarization with the operation manual (or similar) if published by the UAS manufacturer. Training will also include types of maneuvers to be performed and the safe operation in relation to persons, property and applicable airspace. 17. The UAS PIC will establish a working relationship with a representative at the local FSDO with which to annually review safety procedures and other operations to further enhance safety. 18. The Phantom 2 Vision Plus controllers operate at a radio fre quency spectrum of 2.4 Ghz and 5.8 Ghz. According to the manufacturer, the UAV’s operating RF spectrum fully complies with FCC regulations.

Included with this application you will find a letter from the Executive Director of the Oak Harbor Chamber of Comm erce requesting approval of a UAS operation that will aid in the development and promotion of the City of Oak Harbor, Washington’s tourism development. This project serves as an excellent example of the benefits of using a UAS . Since no low flying, convent ional aircraft will need to be utilized to photograph the area and provide still and video content for editing , this project represents just one example of the enhancement in safety represented by the use of a UAS in certain applications as well as demonstrating a direct benefit to the public interest by providing low cost aerial photography for tourism enhance ment and improvement of our local economy

. VAA also intends to provide aerial photography and videography services to private and public orga nizations monitoring shorelines and other environmentally sensitive areas. Specifically, VAA intends to provide video and still photographic surveys of shorelines, wetlands, wildlife habitat, construction project and development encroachment , and other vis ual measurements that will aid in the management and regulation of environmentally sensitive areas. VAA is located on an island that is in the northern part of the Puget Sound and which is a gateway to the environmentally sensitive, San Juan Island Archipe lago in Washington State. The use of UASs in this particular application is particularly appealing because of its environmentally friendly interaction with sensitive areas and t he minimal impact that such operation will have on wildlife , relative to low fl ying , conventional aircraft.Exemption Request

Page 7 of 11 The members and owners of VAA believe that the minimal size and speed of the UAS combined with its smaller operating environment and the applicant's experience in the NAS , as outlined , all provide an “equivalent level of safety” or better when operating a UAS for the public interest as outlined in Section 333 in the FAA Modernization and Reform Act of 2012 lt is resp ectfully requested that the FAA grant and exemption to VAA as soon as possible, to enable the Oak Harbor Chamber of Commerce and other similar organizations as well as governmental agencies, to benefit from the reduced cost and increased level of safety afforded by the use of UASs for aerial photography and videography. Sincerely,

Christon C. SkinnerFAA Sec. 333 Exemption Request

Page 8 of 11 

## Appendix A EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Babiyo Enterprises, LLC, d/b/a Vivid Aerial Ascent , requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of UAS s : 14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR § 61.113(a) & (b) 14 CFR § 91.7(a) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 CFR § 91.119(c) 14 C.F.R. 91.121 14 CFR § 91.151(a) 14 CFR 91.203 (a) & (b) 14 CFR § 91.405(a) 14 CFR § 91.407(a)(1) 14 CFR § 91.409(a)(1) & (2) 14 CFR § 91.417(a) & (b) Vivid Aerial Ascent’s request for exemption includes the ability to operate PHANTOM 2 Vision+ quad

-copter unmanned aircraft system (UAS) , and the PHANTOM “Inspire1” for the purpo se of conduct ing aerial videography an d cinematography to assist private and public agencies within the Pacific N orthwest area with damage assessment, ecological monitoring, project/land survey, and municipality tourism promotion. In addition, VAA would li ke to provide videography and photography and related services to real estate brokers andExemption Request

Page 9 of 11 agents to aid in the presentation of a more detailed and complete overview of listed properties. VAA seeks exemption via petition to the Federal Aviation Administrat ion (FAA) from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Reg ulations (14 CFR). As supplemental material, I have included Phantom 2 Vision + (referred to as P2V+ throughout the document) **Part 21** prescribes the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals. **Section 45.23(b)** prescribes 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 provisional ly 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,” “experime ntal,” or “provisional,” as applicable. **Section 61.113(a) and (b)** prescribes that

— (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of a n aircraft. (b) a private pilot may, for compensation or hire, 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 carry pa ssengers or property for compensation or hire. **Section 91.7(a)** prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. Section 91.7(b) prescribes that the pilot in command of a civil aircraft is responsible for dete rmining whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when an airworthy mechanical, electrical, or structural conditions occur. **Section 91.9(b)(2)** prohibits operation of U.S.

- registered civil aircraft 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. **Section 91.103(b)** prescribes that a pilot shall for any flight, become famil iar with runway lengths at airports of intended use, and takeoff and landing distance information.FAA Sec. 333 Exemption Request

Page 10 of 11 **Section 91.109(a)** prescribes, in pertinent part, that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight i nstruction unless that aircraft has fully functioning dual controls. **Section 91.119** prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:3 (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (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 t he 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. (d) Helicopters, powered parachutes, and weight

-shift

-control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight

-s hift

-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section. **Section 91.121** requires, in pertinent part, 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.” **Section 91 .151(a)**  prescribes that 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) d uring the day, to fly after that for at least 30 minutes [emphasis added]. **Section 91.203(a)** prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2 ) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31(c). **Section 91.203(b)** prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate 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. **Section 91.405(a)** requires, in pert inent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragraph (c) of theExemption Request

Page 11 of 11 same section, have discrepancies repaired as p rescribed in part 43 of the chapter.4 **Section 91.407(a)(1)** prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter. **Section 91.409(a)(2)** prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **Section 91.417(a) and (b)** prescribes, in pertinent part, that

— (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller , rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, includin g the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.5 (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major a lteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3 ) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.FAA Sec. 333 Exemption Request

Page 12 of 11