IR DISTRO INC DATE: April 25, 2015

1142 Brabbs St.

Burton MI 48509

1-248-240-3247

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 DISTRO INC hereby applies for an exemption from the listed Federal 

Aviation Regulations (" FARs") and any other necessary to allow operation of its small 

Unmanned Aircraft Systems ("UAS") for commercial photography, video, research/development 

and demonstration for thermal imaging cameras to police, search and rescue, fire departments, 

energy industry. Also many other uses like finding wildlife and agriculture monitoring.

Description of Petitioner

IR DISTRO 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 nongovernment buyers. Thermal cameras can see in complete darkness and we need to demonstrate 

that, so we need to be able to fly at night after dark which requires an exemption. Also we 

provide a search and rescue service on as needed basis 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

DISTRO 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, to fly 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 maintaining a 30 minute reserve. IR DISTRO INC

proposes that all flights comply with this requirement by mandating that the aircraft be safely 

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 frequently in 

different areas to see how the camera reacts to different environments and conditions.
Equivalent Level of Safety

IR DISTRO INC has developed a product that incorporates two emerging technologies: remotely 

piloted UAS and thermal imaging. We seek to fly at night for 2 hours after dark below 200ft and 

less than 300ft from home point. This will be achieved by 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 

PIC and 2 Observers will be used to insure the highest level of safety. 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 INC 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 awareness 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 

safely accelerate the integration of civil unmanned aircraft systems into the national airspace 

system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit 

unmanned aircraft systems to operate in the National Airspace System ("NAS") where it is safe 

to do so base 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.

• 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 Administrator decides a requested exemption is in 

the public interest. See 49 U.S.C. § 106(f) (defining 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 exemption 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 least equal to the existing rules).

IR DISTRO INC research and development is a benefit to its emergency first responders, energy

industries and agricultural industry: this technology will keep human lives safe by providing a 

proven product that has been tested to meet the highest safety standards for the use by 

government and non-government entities. Industry will have a resource on how to operate 

thermal cameras and how to conduct night operations safely and responsible. Sharing knowledge 

to keep people safe is an opportunity IR 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 factors are 

satisfied.
A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

IR DISTRO INC will 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 

ProSearch XLF and ProCargo XLF UAS have a maximum take-off weight of 12 pounds. The 

DJI Phantom 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 200 feet AGL. All flights will be flown in such a way that they can be safely terminated 

with a reserve battery power of 25% maximum charge. Both UAS does not carry any flammable 

propellant or fuel.

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 automatically, and action is not required by

the PIC. 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. Loss 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 modules. The Pixhawk controller is 

the market leading autonomous control. Also added safety features Strobe, GPS tracker, 3G/4G 

telemetry over IP network and Aircraft detection beacon for air space integration control a 

failsafe setting that permits the vehicle to return to a preselected home point.

The DJI Phantom 3 is a light weight UAS platform made of Plastic body with no sharp or hard 

edges characterized by a high 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 DJI Pilot

App, 6 satellites are needed to initiate take off with GPS guidance and do not require human 

intervention; nevertheless human override is possible by clicking 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. In the 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 landing procedure, triggered 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 altitude 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(daytime) and two(night) 

Visual Observers as necessary to safely conduct the mission.

7. The Pilot in charge will have the required training and instruction prior to any flight in 

accordance with the training syllabus attached to the Operations.

8. The observer designated for any operation will be required to complete the training course as 

set forth in the Operations Manual before performing his duties on any 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 limitations for the 

flight as well as contacts and hazard information.

11. Pilot and Visual Observers will at all times be able to communicate by voice.

12. Local 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 communications 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 between 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 operational area of IR DISTRO INC permit exemption from Part 21 because IR

DISTRO 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 airports 

and dense populations. IR DISTRO 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 DISTRO INC

UAS's utilize electronic global positioning systems and internal gyroscopes to provide spatial 

coordination. Also preprogram height and distance.
14 C.F.R. § 91.203 (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 information buy flight log at the IR DISTRO 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 and Limitations. PIC Pursuant to 14 C.F.R. §§ 

61.113 (a) & (b), private pilots are limited to non-commercial operations. IR DISTRO INC can 

achieve an equivalent level of safety as achieved by current Regulations because IR DISTRO 

INC does not carry any pilots or passengers.

Further, while helpful, a pilot license will not ensure remote control piloting skills, though IR 

DISTRO 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 DISTRO 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 Altitudes 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 400 AGL. IR DISTRO 

INC will, 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 DISTRO INC, an equivalent level of safety 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 prescribed 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 apply to aircraft with an 

airworthiness certificate. They will not, therefore, apply to IR DISTRO INC should its requested 

exemption be granted. IR DISTRO INC conducts an extensive maintenance program that 

involves regular software updates and constant inspection for assessment of any damaged 

hardware.

Summary

IR DISTRO 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 

DISTRO INC will offer education to change the present and change the future. America’s

economic future is bright if IR DISTRO INC is granted the opportunity to educate our

communities to be respectful and responsible operators as hobbyist and future professionals of 

UAS. Granting IR DISTRO INC request for exemption will reduce current risk levels and 
thereby enhance safety. Further IR DISTRO INC operates at lower altitudes 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 significantly limited. 

IR DISTRO INC respectfully requests that the FAA grants its exemption request without delay. 

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

Sincerely,

Joel Bredow

CEO