IR D IS TRO INC DATE : April 25, 2015

1142 Brabbs St. Burton MI 48509 1

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- 3247 email: joel@irdistro.com Joel Bredow CEO

Re: Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the Federal Aviation Regulations, Seeking Exemption from: 14 C.F.R. Part 21 Subpart H 14 C.F.R. § 21.191(a) 14 C.F.R. § 45.23(b) 14 C.F.R. § 45.27 14 C.F.R. §§ 61.113(a) and (b) 14 C.F.R. § 91.l 19(c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a) (l) 14 C.F.R. §§ 91.409(a) (l) and (2) 14 C.F. R. §§ 91.417(a) and (b)Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F. R. Part 11, IR DI STRO I NC hereb y applies for an exemption from the listed Federal Aviation Regulations (" FARs") and an y other necessary to allow operation of its small Unmanned Aircraft Sy stems ("UAS" ) for commercial photograph y, video, research/development and d emonstration for thermal imaging cameras to police, search an d rescue, fire departments,
energy industry . Also many

other uses like finding wildlife and agriculture monitoring.
**Description of Petitioner**

IR D IS TRO INC is a manufacturer of cameras with spectrum of work includes integrating the thermal IR cameras into drones. We do live demos for potential government and non

government buyers. Thermal cameras can see in complete darkness and we need to demonstrate that, so we need to be able to fly at ni ght after dark which requires an exemption. Also we provide a search and rescue service on as needed bas is so a commercial exemption would be helpful to communicate with local Government Emergency Responders to supply them with
thermal camera equipment

. Also be a resource for developing night operation flight safety

. IR DI STRO INC is asking for this exemption based on taking the human element out of harm’s way in order to gather valuable data for critical decision making.

**Research and Development**

**14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR**  **Conditions** Petitioner requests an exemption from 14 C.P.R.§ 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 VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

- (1) During the day , to fly after that for at least 30 minutes; or (2) At night, t o fl y after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintai ning a 3 0 minute reserve. IR DI STRO INC proposes that all flights comply with this requirement by mandating that the aircraft be safel y landed with no less than 25% of battery life remaining. IR DISTRO INC thermal camera ’s requires continuous Research and development. We need to do night testing frequentl y in different areas to see how the camera reacts to different environments and conditions.**Equivalent Level of Safety**

IR D IS TRO INC has developed a product that incorp orates two emerging technologies: remotel y piloted UAS and thermal imaging. We seek to fl y at night for 2 hours after dark below 200ft and less than 300ft from home point. This will be achieved b y preprograming Height and distance with in Pixhawk Flight controller. IR DISTRO INC will conduct night time flight operation on private property

lots of open space and not over any populated areas

. IR DISTRO INC is asking for 2 hours after complete darkness to gather camera performance data. For night Operations a PI C and 2 Observers will be used to insure the highest level of safet y. All night flights will be way beyond 5 miles from any airport; all local authorities will be notified prior to night flight operations. These precautions will meet the level of safety for FAA. IR DISTRO I NC team consists of individuals who have been active members of the UAS hobbyist’s community and have a combined team experience of over 10 years operating small UAS. As a result, they have a keen awarene ss of issues affecting the safe use of UAS and the importance of thorough planning for both normal operations and for contingencies that might affect the safety of flight.

This petition for exemption is submitted in accordance with the Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. Congress has directed the FAA "to safel y accelerate the integration of civil unmanned aircraft s ys tems into the national airspace sy stem." Pursuant to Section 333 of the Reform Act, the FAA Admin istrator is to permit unmanned aircraft s ys tems to operate in the National Airspace Sy stem ("NAS") where it is safe to do so base on the following considerations: • The UAS's size, weight, sp eed, and operational capability

. • Operation of the UAS in close proximity to a irports and populated areas. • Operation of the UAS within the visual line of sight of the operator. Additionally , the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Adm inistrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defin ing the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from§§ 44701(a), (b) and§§ 44702

- 44716, et seq.). A party requesting an ex emption must explain the reasons why the exemption: ( 1) would benefit the public as a whole, and (2) would not adversely affect safety

(or how it would provide a level of safety at leas t equal to the existing rules).

IR D IS TRO INC research and development is a benefit to its emergency first responders, energy industries and agricultural industry : this technology will keep human lives safe b y providing a proven product that has been tested to meet the highest safety standards for the use b y government and n on

- government entities. Industry will have a resource on how to operate thermal cameras and how to conduct night operations safel y and responsible. Sharing knowledge to keep people safe is an opportunity I R DISTRO INC will provide.

**IR DISTRO INC. PROPOSED UAS OPERATIONS MEET**  **THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT**

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant fa ctors are satisfied.A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

IR D IS TR O INC w i ll employ the ProSearch XLF Hex, ProCargo XLF x8 (four arms with 8 props) and the Phantom 3 quadcopter for its thermal camera platform drone operations. The ProS earch XLF and ProCargo XLF UAS have a maximum take

- off weight of 12 po unds. The DJIPhantom 3 UAS has a maximum take

- off weight of 2 pounds. The UAS's flight speed will not exceed 55 miles per hour, and it will not be flown in controlled airspace or at an altitude that exceeds 2 00 feet AGL. All flights will be flown in such a way that they can be safel y terminated with a reserve battery

power of 25% maximum charge. Both UAS does not carry any flammable propellant or fue l.

The Prosearch/ProCargo XLF also has redundant motor capabilities (added safety for night operations) , and the vehicle is still capable of flight in the event a motor fails unexpectedly . The vehicle is capable of compensating for an engine loss automati cally , and action is not required by the PI C. The Prosearch/ProCargo XLF also has features that can alert the PIC to the possibility of a lost link before it occurs. Because the video link is at a shorter wavelength than the control links, it is more susceptible to loss than the control link. L oss of the video signal warns the PIC that action should be taken to ensure continued control. In the event the control link is lost, the UAS is also equipped with LIDAR terrain following capabilities, Dual GPS system offering redundancy

of 50

- 100% better resolution than current GPS m odules. The Pixhawk controller is the market leading autonomous control. Also added safety features Strobe, GPS tracker, 3G/4G telemetry over IP network and A ircraft detection beacon for air space integration control a failsafe setting that permits the ve hicle to return to a preselected home point.

The DJ I Phantom 3 is a light weight UAS platform made of Plastic body w ith no sharp or hard edges characterized by

a h igh level of pre

- programmed controls and various built

- in technical capabilities (programming of a geo

- fence and height limitations) that prevent the operator from doing a mission outside of the operating limits. All flights are Pre

- programmed with DJ I Pilot App, 6 satellites are needed to initiate take off with GPS guidance and do not require h uman intervention; nevertheless human override is possible by c licking one of the multiple “action” buttons or by

using the remote controller provided with each DJI system. The New DJI Phantom 3 has ground detection sonar to maintain GEO space location if GPS is lost. Inthe case of unplanned events either the autopilot reacts immediately
, or the operator can choose between different pre

-programmed or manual actions. Those procedures include a Flight Termination System (emergency

l anding procedure, trigge red by the autopilot or the operator in charge: given its very light weight, the DJI Phantom 3 will initiate auto land sequence).

**Operational Restrictions Set Forth:**

1. The UAS will weigh 55 pounds or less. 2. Flights will be operated within line of sight of a pilot and observer ’s

. 3. Maximum total flight time for each operational flight will be limited to the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%. 4. Flights will be operated at an altitud e of no more than 200 feet AGL (for night) and will not be conducted within navigable airspace.5. Flights will be operated at a lateral distance of least 300 feet from any inhabited structures,

buildings, vehicles or vessels, or from people not associated with the operation who have not given permission in advance of the operation. 6. Minimum crew for each operation will consist of the UAS Pilot, one (day time) and two(night) Visual Observers as necessary to safel y conduct the mission. 7. The Pilot in charge will have the required training and instruction prior to any flight in accordance with the training s yl labus attached to the Operations. 8. The observer designated for an y operation will be required to complete the training course as

se t forth in the Operations Manual before performing his duties on an y flight. 9. The UAS will operate in accordance with the safety and operational requirements of the Manual. 10. Prior to the operation, a Mission Plan will be created setting forth the limi tations for the flight as well as contact s and hazard inf ormation. 11. Pilot and V isual Observers will at all times be able to communicate b y voice. 12. L ocal Authorization will be obtained prior to flight. 13. All required permissions and permits will be obtained from state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 14. The operator will coordinate all flights with the appropriate Flight Standards District Office. 15. If the UAS loses c ommunications or loses its GPS signal, the UAS will have the capability to return to a pre

- determined location within the operational area and land. 16. Contingency

plans will be in place to safely terminate flight if there is a loss of communication betwe en the pilot and the observer. 17. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

**Summary the FAA may publish in the Federal Register:** 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and alike. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a)(l). The size, weight and enclosed op erational area of IR DI STRO INC permi t exemption fro m Part 21 because IR DI STRO INC meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S. C. § 44701(f)) and A. Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity

to areas such as air

ports and d ense p opulations. IR DI STRO INC meets or exceeds each of the elements. 14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a Flight log. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable in so far as IR DI STRO INC UAS's utilize electronic global positioning s ys tems and internal gy roscopes to provide spatial coordination. Also preprogram height and distance.14 C.F.R. § 91.20 3 (a) and (b) provides for the carrying of civil aircraft certifications and

registrations. They

are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining such infor mation buy

flight log at the IR DI STRO INC Office

. 14 C.F.R. § 45.23 (b) : Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. IR DISTRO INC is , by

definition, unmanned. They

therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft. 14 C.F.R. § 61.113 (c) : Private Pilot Privileges an d L imitations. PI C Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. IR DI STRO INC can achieve an equivalent level of safety as achieved by current Regulations because IR D IS TRO INC does not carry

an y pilot s or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills, though IR DI STRO INC pilot vetting and training programs (based upon completion of an FAA Approved Ground School and a self

- administered UAS flight training program and internal procedures) will. All Further, the risks attendant to the operation of IR DI STRO INC is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. 14 C.F.R. 91.119 (c): Minimum Safe Alt itudes 14 C. F. R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows Helicopters to be operated at lower altitudes in certain conditions. IR

DISTRO INC will never operate at an altitude greater than 4 00 AGL. IR DISTRO INC wi ll, however, operate its UAS's in sectioned off areas with security perimeters, providing a level of safety

at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability

and speed of IR

DI STRO INC , an equivalent level of safet y will be achieved. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections The above

- cited Regulations require, amongst other things, aircraft owners and operators to "have [the] aircraft inspected as prescrib ed in subpart E of this part and shall between required inspections, except as provided in paragraph C of this section, have discrepancies repaired as prescribed in part 43 of this chapter." These Regulations only appl y to aircraft with an airworthiness ce rtificate. They will not, therefore, apply to IR DI STRO INC should its requested exemption be granted. IRDI STRO INC conducts an extensive maintenance program that involves regular software updates and constant inspection for ass essment of any damaged hardware.
Summary IR D IS TRO INC seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a) (1); 14 C.P.R.§ 91.409 (a)(2); 14 C.P.R. § 91.409 (a)(2); and, 14 C.P.R.§§ 91.417 (a) & (b) to operate its UAS for research, development and demonstration to government/non

- government, Community education

. IR DI STRO INC will offer education to change the present and change the future. America’s economic future is bright if IR DI STRO INC is granted the opportunity to educate our communities to be respectful and responsible operators as hobb yi st and future professionals of UAS. Granting IR DI STRO I NC request for exemption will reduce current risk levels andthereb y enhance safety. Further IR DISTRO INC operates at lower alti tudes and in the line of

sight

. IR DISTRO INC owners will be a good resource for Government and communities to be educated if exemption is granted. UAS's and therefore the likelihood of death or serious bodily injury are significantl y limited. IR D IS TRO INC res pectfully requests that the FAA grants its exemption request without delay

. The FAA has the authority to issue the exemption sought b y IR DISTRO INC

.

Sincerel y,

Joel Bredow CEO