Tristan Robinson December 10, 2015

1331 Balsam Avenue Suite 3 Boulder, Colorado 80304 Main (310) 266

-3520 Email: tristan@couturetee.com US Department of Transportation, Docket Operations System West Building Ground Floor, Room W12

-140 1200 New Jersey Ave., SE Washington, DC 20590 Petition of Epic Vizion for Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

. To Whom it May Concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Epic Vizion, hereby applies for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small unmanned aerial system ( i.e. , sUAS). This exemption is in accordance with protocols outlined in this petition for exemption, the enclosed the UAS manufacturer's operations and/or instructions manual, UAS User's Manuals, UAS Quick Start Guides, and any other requirements established by the FAA pursuant to Section 333 of the Reform Act

. This exemption would permit commercial operation by UAV Survey Incorporated, which uses all versions of DJI Phantom 3, DJI Inspire 1, DJI Inspire 1 Pro, DJI S1000+, Sensefly Ebee RTK, Sensefly Exom, and Aeryon Sky

ranger, to conduct sUAS flight training, support law enforcement, real estate photography and videography, construction, waterway and land planning and use photography, agriculture, education, oil and gas industry infrastructure inspection and demonstration flights Epic Vizion’s operation under the exemption will be subject to strict operating requirements and conditions to ensure an equivalent level of safety to currently authorizedoperations using manned aircraft and under conditions as may be modified by the FAA asrequired by Section 333.2 Epic Vizion will be operated under controlled VFR conditions at low altitude inairspace that is permitted in accordance with Epic Vizion’s approved Certificate of Authorization (COA). Epic Vizion respectfully submits this request for an exemption because it operates sUAS's. The operations ofEpic Vizion will be conducting will be in lieu of comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft. The FAA can have confidence that the operations will be conducted at an equivalent level or greater level of safety. Approval of this exemption would thereby enhance safety andfulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section333(c) ofthe Reform Act to "establish requirements for the safe operation ofsuch aircraft

systems in the national airspace system." For your convenience, Epic Vizion has organized this Exemption request as follows: 

### I. **Petitioner's Description**  **II. Relevant Statutory**  **Authority III.** **Qualifications for Approval Under Section 333 of the Reform Act**  **IV. Description of Proposed**  **Operations V.** **Regulations from**  **Which Exemption is Requested**  **VI. Public**  **Interest VII.**  **Privacy VIII.** **Federal Registry Summary**  **IX. Conclusion**  **I. Petitioner's**  **Description** Epic Vizion headquartered in Boulder, Colorado, is a company that provides s UAS flight training, support to law enforcement, real estate photography and videography, construction, waterway and land planning and use photography, agriculture, education, oil and gas industry infrastructure inspection and demonstration flights in a compliant and safe environment

. Epic Vizion plans on providing a wide range of services as the sUAS market expands. The management at Epic Vizion is comprised of former Biochemist, Biologist, geospatial, and architectural professionals. All Epic Vizion pilots will hold CPL or ATP certificates in fixed

wing or rotary
-wing. The contact information for Petitioner is as follows: Tristan Robinson Main: (310) 266

-3520 tristan@couturetee.com Epic Vizion 1331 Balsam Avenue Suite 3 Boulder, Co 80304 

### II.**Relevant Statutory Authority**  This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate theintegration of civil unmanned aircraft systems into the national airspace system." Pursuant to

Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned aircraft systems may operate safely in the National Airspace ("NAS") before completion of the formal UAS rulemaking, based on the following considerations:

• The UAS's size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within the visual line of sight of the operator. If the Secretary determines that such vehicles "may operate safely in the National Airspace System, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace System". Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (orhow it would provide a level of safety at least equal to the existing rules). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its tem1s, includes exempting civil aircraft, as the term is defined under 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:**The Administrator may grant an exemption from a requirement of a regulation**  **prescribed under subsection (a) or (b) of this section or any of sections.**  **III. Qualifications for Approval Under Section 333 of the Reform**  **Act** The proposed operations in this petition for exemption qualify for expedited approval under Section 333 ofthe Reform Act. Each of the statutory criteria and other relevant factors are satisfied. The proposed operations would permit Epic Vizion the use of small UAS under controlled conditions in airspace that is: (1) predetermined; (2) controlled as to access; and that (3) provides an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose. Epic Vizion uses UASs that are multirotor and fixed wing airplanes, weighing less than 55 pounds including payload. They operate, under normal conditions, at speeds not to exceed 50 mph. The multirotor has the capability to hover and move in the vertical and horizontal plane. Epic Vizion’s UASs will operate in line of sight, during daylighthours, and will only operate within a sterile area. Epic Vizion will operate at orbelow 200 feet AGL and will file a NOTAM for each flight operated in controlled airspace that

is required. All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies prior to operating a sUAS. Given the small size ofthe sUAS's involved and the restricted sterile environment within which they will operate, this Epic Vizion's exemption falls within the zone of safety and demonstrate an equivalent level of safety, in which Congress desired the FAA to permit commercial UAS operations by exemption pending completion offormal rulemaking. Also, due to the size ofthe sUAS's and the confined area in which these UAS's will operate, approval of the application presents no hazard in the NAS. Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant of the requested exemptions is also in the public interest. 

### IV. **Description of Proposed Operations** To assist the FAA in its safety assessment of Epic Vizion's proposed sUAS operations, below is a summary of operational limitations and conditions that will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines: 1. The sUAS will weigh less than 30 pounds. 2. Flights will be operated within line of sight ofthe PIC and/or visual observer. 3. Maximum total flight time for each operational flight will be limited to the amount of time the sUAS can be flown and still maintain a reserve battery power or fuel quantity of no less than 25%, determined to be 30 minutes maximum

. 4. Flights will be operated at an altitude of no more than 200 feet AGL. 5. Flights will be operated at a lateral distance of least 100 feet from any inhabited structures, buildings, vehicles, vessels, people not associated with the operation or who have not signed a waiver in advance of the operation. 6. Minimum crew for each operation will consist of the sUAS Pilot in Command and a Visual Observer when operating with the use of FPV equipment. Additional crewmembers may

consist of a Pilot and a Camera Operator. 7. The sUAS Pilot in Command will be an experienced sUAS pilot with second class medical, and a current check required by14 CPR

. 8. Epic Vizion will designate a Pilot in Command ("PIC") for each mission.9. The sUAS will operate only within a confined sterile area.

10. Prior to the operations at a particular location, a site inspection will have been conducted. On the day of the mission the management person with operational control and the PIC will concur on dispatching of the mission. 11. A briefing will be conducted in regard to the planned sUAS operations prior to each day's missions. It will be mandatory that all personnel who will be performing duties within the boundaries of the sterile area be present for this briefing. 12. Epic Vizion’s crew will use the checklist and callouts. 13. All sUAS's will be maintained in compliance with the manufacturer's and Company guidelines. 14. In the event of an accident involving an Epic Vizion sUAS, the PIC will cease operations and report the accident to the NTSB and AFS

-80. 15. Pilot in Command and Visual Observer will at all times be able to communicate by voice

. 16. Pilot in Command, Pilot, Camera Operator, Visual Observer, and Operational Personnel will have been trained and tested in accordance to Epic Vizion's UAS Aircraft Training Manual. 17. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 18. In compliance with the approved Waiver, Epic Vizion management will submit a written "Plan of Activities" to the local Flight Standards District Office (FSDO)having jurisdiction over the area of proposed filming three days in advanced of operations during film or movie productions. 19. If the sUAS loses communications signal, the sUAS will have the capability to return to a pre
-determined location within the Sterile Area and land. 20. Contingency

plans will be in place to safely terminate flight if there is a loss of communication between the pilot and the observer. 21. The sUAS has the capability to abort a flight in case of unpredicted obstacles or emergencies. 22. Epic Vizion, will assure no individuals' privacy is violated.23. ATC will be contacted prior to operating in airspace other than G.

**V. Regulations f** 

**rom Which Exemption is Requested**  A. 14 CFR § 91.103: Preflight Action B. 14 CFR § 91.113: Right

-of

-Way Rules C. 14 CFR § 91.119 (c): Minimum Safe Altitudes D. 14 CFR § 91.121: Altimeter Settings E. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions F. 14 CFR § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections
**A. 14 CFR**  **§ 91.103: Preflight**  **Action** Epic Vizion requests an exemption from the preflight actions requirements of 14 CFR 91.113 that prescribes the preflight actions under which aircraft may operate: Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. (a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; (b) For any

flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(l) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. Epic Vizion will not operate sUAS's under IFR conditions or when the ceilings arebelow 1000 feet and the visibility

is below 3 statute miles. Neither DJI, Sensefly, nor AeryonsUAS's have published approved Airplane or Rotorcraft Flight Manual containing takeoffand

landing distance data. 

### Equivalent Level of**Safety** Epic Vizion will to ensure that the weather will be adequate to complete the mission in VFR condition. Since Epic Vizion operates in traditionally density altitude area, never usually above 2000 feet MSL, UAS performance is not affected. When UAV Survey Incorporated operates at a high altitude location, the UAS will be test flown at gross weight to test performance limitations prior to conducting commercial operations. 

### B. **14 CFR 91.113: Right** **- of**  **- Way**  **Rules** Epic Vizion request an exemption from 14 CFR 91.113 Right

-of

-way rules, requiring vigilance by each person operating an aircraft so as to see and avoid other aircraft. When a rule ofthis section gives another aircraft the right

-of

-way, the pilot shall give way to thataircraft and may not pass over, under, or ahead of it unless well clear. Epic vizion operates small pilotless UAS's and cannot comply with these rules as they have been written. 

### Equivalent **Level of Safety**  Epic Vizion operates sUAS's at or below an altitude of 200 feet AGL, well below the normal operating altitude of other aircraft. An Epic Vizion PIC with extensiveaeronautical experience will oversee each mission and has knowledge ofthe avoid rules. A Visual Observer will assist the PIC in looking for aircraft entering the operations area. It's theresponsibility ofthe PIC to cease operations and land the UAS immediately whenever and aircraft comes into the vicinity creating a potential threat. Operations cannot recommence until the threat is clear. 

### C. **14 CFR. §**  **91.119: Minimum Safe** **Altitudes** Epic Vizion requests an exemption from the minimum safe altitude requirements of 14 CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may operate:

• Over any congested area of a city, town, or settlement, or over any open air assembly ofpersons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

• Over other than congested areas at 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.Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when it

can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." To provide the intended operations, the sUAS is normally operated below 400 feet AGL. Additionally, due to the nature of the proposed operations, the sUAS will maintain a lateral distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the operation. **Equivalent Level of** **Safety** Compared to flight normal aircraft, Epic Vizion’s multi

-rotor aircraft weigh a maximum of 5 pounds, and given the lack of flammable fuel, any risk associated with theseoperations is far less than those that presently exist with conventional aircraft. An equivalentlevel of safety will be achieved given the size, weight, and speed ofthe UAS, as well as the location where it is operated. The sUAS will be operated in a sterile area, where buildings andpeople will not be exposed to operations without their pre-obtained consent. Because ofthe advance notice to the property owners and participants, all affected individuals will be well aware of the planned flight operations. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with aircraft that are subject to the minimum safe altitude regula tions. Finally, the successful safety record of the DJI**,** Sensefly, and Aeryon sUAS's demonstrates that the sUAS can be safely used at these lower altitudes and closer operating environments. **D. 14 C.F.R.**  **§ 91.121: Altimeter**  **Settings** Epic Vizion seeks an exemption from 14 CFR 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is requiredbecause some of the sUAS aircraft do not have a barometric altimeter, but rather a GPS altitude read out. **Equivalent Level of**  **Safety** An equivalent level of safety will be achieved in that Epic Vizion will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes. **E. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR**  **Conditions** Epic Vizion requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:(a) No person may begin a flight in an airplane under VPR conditionsunless (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 25 minutes; or (2) At night, to fly

after that for at least 45 minutes. The batteries powering Epic Vizion’s UAS's provide approximately 15

-20 minutes ofpowered flight. To meet the 30 minutes’ reserve requirement in 14 CPR 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a safety margin based on a reserve amount ofbattery life is needed. Epic Vizion will not be conducting any sUAS flights at night. **Equivalent Level of** 

**Safety** An equivalent level of safety will be achieved because the operations will be conducted on-site without significant transit time by the sUAS. All flights will be planned to terminate with no less than 25% reserve battery power still available. This restriction would be more than adequate to return the sUAS safely

to its planned landing zone from any where in its confined area of operation even in the event of an unexpected occurrence. Operation of the sUAS with less than30 minutes observe fuel does not include the ty pe ofrisks that Section 91.151(a) was intendedto alleviate given the size and speed ofthe small UAS, and the proximity of the flight operationto the landing zone. Moreover, operation will be limited to controlled areas where only people and property owners, or official representatives who have signed waivers will be allowed. **F. 14**  **CFR** 

### § **91.405(a), 91.407(a)(l),**  **91.409(a)(2); 91.417(a)**  **and (b):**  **Maintenance Inspections**  Epic Vizion also seeks an exemption from the maintenance inspection requirements contained in 14 CPR 91.405(a), 91.407(a)(l), 91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 CPR Part 43. 14 CPR 91.405(a) (stating that each owner or operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not have. **Equivalent Level of Safety**  An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with DJI, Sensefly and Aeryon User's Manuals. The operator will ensure that the sUAS is in working order prior to initiating flight, perfom required maintenance, and keep a log of any maintenance performed

. The operator is the person most familiar with theaircraft and best suited to maintain the aircraft in an airworthy condition to provide the

equivalent level ofsafety. If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations will only

take place in restricted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation. **VI .**  **PUBLIC INTEREST**  Granting UAV Survey Incorporated. an exemption furthers the public interest. National policy set by Congress favors early

integration of UAS into the national airspace in controlled, safe working environments such as those propose in this petition. The primary reason for Epic Vizion is to help facilitate safe integration of sUAS's into mainstream USA in the following areas:

• Training To ensure that UAS Operators are properly trained and certified to safely operate they'reparticular ty

pe of sUAS aircraft. Also, training will be conducted in the type of operations they will be using their aircraft.

• Real Estate The sUAS can be used in all areas ofreal estate, including commercial, residential and industrial properties. Using a sUAS, real estate professionals can create promotional videos, photos and unique shots that normal camera aspects cannot capture. Epic Vizion's easy-to
-use video and photo platform enables properties to stand out, providing dazzling views that are typically shown via expensive computer animation or costly helicopter rentals. Imagine shooting a view from a high

-rise condo in stunning high definition that shows your potential customer the actual view from the residence. The remote platform is great for new plam1ing, zoning and large developments. Simple and easy-to
-use video and photos allow for multiple height pictures and elevation views.

• Cinematography Whether the shot requires unique views and expansive panning or extreme altitude with radical views, the UAS is designed to hold up under demanding conditions. Because of the autopilot feature with pre-designed mission management and R/C control interrupt,the pilot and camera operator can easily create the ultimate shot with HD video or HDstill photos.

• Law Enforcement sUAS platforms can assist greatly with law enforcement and homeland security efforts. Not only does sUASs’ have a much lower cost of operation, they are inherently safer and have less of an environmental impact when compared to traditionally used manned platforms such as fixed

-wing and helicopters. By being battery powered sUAS platforms have zero emissions and are also quieter than manned platforms.• Agriculture and Conservation

Epic Vizion would introduce and demonstrate to fanners of all ty pes that thesUAS can aid commercial agriculture, land management and conservation efforts by assessing crops, mapping flood zones, measuring snow pack and more. The sUAS can fly pre-saved missions via the fully automated ground station, which allows for time

-lapsephotos of fields, crops and known land tracts. It also can accurately recreate the same pattern during all seasons, providing invaluable data for land and soil management. Using HD video, HD photos, and IR cameras allows for detailed analysis and recording. With photo rendering software, 3D maps and topography can be used in conjunction with time

-lapse photos to create highly detailed maps for erosion, flood mapping and other critical aspects of land management. Agricultural projects, Wildlife and Forestry projects. The use of sUASs could assist with surveying agricultural projects as well as wildlife and forestry projects by

providing information when problems occur, vermin infestation, fire hazards, and etc., while reducing farm water/fertilizer runoff;

• Search and Rescue The use of sUASs may provide assistance to local law organizations during search and rescue missions. SUASs may reach areas unattainable or viewable with helicopters and aircraft. SUASs may be implemented quicker as time is of the essence during search and rescue operations.

• Oil and Gas Industry Infrastructure Inspection Epic Vizion will use HD video, HD photos, and IR cameras to inspect critical oil and gas infrastructures allowing detailed analysis prior to scheduled maintenance. This analysis will enable repair crews to minimize down

-time which in turn greatly improve production efficiency

. sUAS platforms will save money and be less negatively

impactful on the environment when utilized in the Oil and Gas Industry. The use of sUASs on industrial and construction sites may improve the safety of workers, local residents and general public by assessing potential dangerous situations. Falls and injuries may

be reduced or eliminated through a more thorough review of the construction sites. In some cases, sUASs may reduce the reliance of helicopters or small aircraft to monitor said sites. This may improve safety as well as reduce environmental impact by reducing energy usage. 

### VII. **Privacy** Epic Vizion is committed to protecting the public privacy. Epic Vizion knows that many individuals have concerns about privacy from the operations of sUAS's. Epic Vizion will inform residents, commercial property owners, churches, schools, andgovernmental organizations of our intent to conduct commercial drone operations in proximity totheir property. 

### VIII.**Federal Registry Summary**  Pursuant to 14 CPR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:Epic Vizion. seeks an exemption from the following rules:

14 CPR 91.103; 14 CPR 91.113; 14 CPR 91.119; 14 CPR 91.121; 14 CPR 91.151(a); 14 CPR 91.405(a); 14 CPR 91.407(a)(l); 14 CPR; 91.409(a)(2); 14 CPR 91.417 (a) & (b). Approval of this exemption request allows Epic Vizion to conduct commercial operations with small and lightweight unmanned aerial systems. Epic Vizion committed safety, education, and solutions, which enhance safety of sUAS operations in the NAS while reducing risk to the general public and property owners. Epic Vizion uses sUAS, weighing less than 55 pounds and powered by batteries and no combustible fuels. This eliminates virtually all of the risk given the reduced mass and lack of combustible fuel carried on board as compared to manned aircraft. The sUAS is transported to the designated mission area and set up there. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of this small UAS will provide an equivalent level of safety, supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of several regulations and allowing commercial operations. These lightweight sUAS's operate at slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer than conventional aerial survey and inspection operations conducted with fixed wing aircraft or helicopters. If additional information is required, or if you have any questions regarding this Petition for Exemption, please contact the undersigned at: Respectfully,
Tristan Robinson Epic Vizion Main: (310) 266

-3520 tristan@couturetee.com 1331 Balsam Avenue Suite 3 Boulder, Co 80304