# AVIASYS

AVIATION SYSTEMS

2906 ELee Street, Pensacola, FL 32503 1+1 (850) 549 7519 llucas@aviasys.com · October 14, 2015



## u.s. Department ofTransportation Docket Management System 1200 New JerseyAve., SE Washington, DC 20590 ,r- ,. ""

Re: Exemption Request underSection 333 ofthe FAA Reform Actand Part 11 ofthe Federal Aviation Regulations

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, Lucas Alan Bardsley dba AVIASYS LLC, operatorofUnmanned Aircraft Systems (UASs), hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits UASs, so long as such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.

Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:

• Aerial photography and/orvideo for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering. Aerial inspection/photography ofresidential/commercial structures undercontract with the owners or local government authority. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines, offshore oil and gas installations and cell towers. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. The abilityto offertraining to persons individuallyor belonging to both private and/or public organizations that have interests in the use and application ofa UAS forthe purpose ofthe safe operation ofa UAS to enhance the safety ofthe National Airspace System (NAS) as well as for the protection ofthe persons and property.

### As described fully below, the requested exemption would permitthe operation ofa UAS under controlled conditions in the NASthatwould be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft.
Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's {the FAA Administrator's) responsibilities to "establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system."

The name and address ofthe applicant is:
AVIASYS, LLC EIN: 47-3081370 Attn: Lucas Bardsley Phone: 850 549 7519 Email: lucas@aviasys.com Address: 2906 ELee Street, Pensacola, Florida 32503

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133 {a); 14 C.F.R. 91.7(b); 14 C.F.R. 91.9(b)(2); 14 CFR 91.103; 14C.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) 

### & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a){l); 14 C.F.R. 91.409(a)(2}; 14 C.F.R. 91.417(a) & {b).

Page2Equipment List
AVIASYS, LLC, seeks an exemption to legally operate the following UASs for compensation or hire:

• DJI Phantom 3 Professional Total weight: 1280g Diagonal Size (Including Propellers): 590mm MaxAscent Speed: 5 m/s Max Descent Speed: 3 m/s Under stiff airthe maximum speed is about 16 m/s (about 36 mph) Max altitude above sea level: 6000 m Operating Temperature: 0°C to 40°C Max flighttime: approximately 23 minutes GPS Mode: GPS/GLONASS The DJI Phantom 3 has the ability to hoverand move along avertical and horizontal plane simultaneously. Four motors, four propellers Intelligent Flight Battery: PH3·4480 mAh-15.2 V, Lithium Polymer 4S battery. The DJI Phantom 3 remote controller has an operating frequency of2.400 GHz-2.483 GHz including live video downlink and telemetry data. Maximum transmission distance: 2000m (outdoors and unobstructed) User Manual: http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Professionai_User_Manual_v1.4_en.pdf
3DRIris Plus Total weight (with battery): 1282 g Dimensions: Height 100mm, Motor-to-motor 550mm Understill airthe maximum speed is about 40mph (17.9 m/s) Max flight time: 16·22 minutes* (*depending on payload) Payload max capacity: 400g (.81bs) GPS Mode: 3DR uBiox GPS with compass (LEA·6H module, 5Hz update) The 3DR Iris+ has the ability to hoverand move along avertical and horizontal plane simultaneously. Four 950 kV motors, four 9.5 x4.5 T-Motor multi-rotorself-tightening propellers Intelligent Flight Battery: 3S 5.1 Ah 8C lithium polymer The 3DR Iris+ remote controller has an operating frequency of915 mHz for telemetry, 2.4 GHz for control. Maximum transmission distance: up to 1km (.6 miles) (outdoors and unobstructed) User Manual: http://3drobotics.com/wp-content/uploads/2015/02/IRIS·Pius-Operatlon-Manual-vH-web.pdf

Page3DJIInspire 1 (ModelT600) Total weight (including battery): 2935g Diagonal Size (Including Propellers): 559 to 581 mm Dimensions: 438x451x301 mm Max Ascent Speed: 5 m/s Max Descent Speed: 4 m/s Under still airthe maximum speed is about 22 m/s (about 49 mph) Max altitude above sea level: 4500 m Operating Temperature: -10°C to 40°C Max flighttime: approximately 18 minutes The DJI Inspire 1has the ability to hoverand move along avertical and horizontal plane simultaneously. Four DJI 3510 motors, four DJI 1345 propellers Intelligent Flight Battery: LiPo 6S High voltage battery, model TB47, 4500mAh, 22.2

## v The DJI Inspire Cl remote controller has an operating frequency of5.725"'5.825 GHz;2.400tv2.483 GHz including live video downlinkand telemetry data. Maximum transmission distance: 2000m (outdoors and unobstructed) User Manual: htto:fldownload.djHnnovations.com/downloads/jnspire 1/en/Inspire 1 User Mjlnual v1.4 en.pgf
3DRSolo Total weight (with battery): 3.3 lbs. Dimensions: Height 10.2 in, Motor-to-motor 18.1 in Max Ascent Speed: 5m/s (11 mph) Max Descent Speed: 2.5 m/s (5 mph) Understill airthe maximum speed is about 55 mph (24.5 m/s) Maxaltitude: 400 ft. Max altitude above sea level: 10,000 ft. Operating Temperature: 32°F to 113°F Max flight time: 25 minutes Payload max capacity: 1.11bs. GPS Mode: 3DR uBiox GPS with compass (LEA-6H module, 5Hz update) The 3DR Iris+ hasthe ability to hover and move along avertical and horizontal plane simultaneously. Four 880 kV motors, four 10x 4.5in self-tightening propellers Intelligent Flight Battery: lithium polymer, 5200 mAh, 14.8 Vdc The 3DR Solo remote controller has an operating frequency of2.4 GHz for telemetry and control. Maximum transmission distance: up to 2,500 ft (outdoors and unobstructed) User Manual Location: http://3drobotics.com/wp-content/uploads/2015/08/v5_08_21_15.pdf



### Page4Given the small size ofthe UAS and the controlled environment provided the proposed operations will adhere tothe Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest.



### AIRCRAFTAND EQUIVALENT LEVELOF SAFETY

The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which Aviasys, LLC agrees to adhere to when conducting commercial operations underthe FAA issued exemption as set forth in the company Flight Operations Manual (FOM) include:

• The UAS will weigh less than 55 lbs. The UAS will have a maximum operating speed ofno more than 87 knots or 100mph, orthe maximum airspeed recommended by the manufacturer (whichever is lowest). Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/orVisual Observer (VO). Maximum flight time for each operational flight will be 30 minutes.
• Flights will be terminated at 20% battery power reserve or 30 minutes offlight time whichever occurs first. Flights will be operated atan altitude ofno more than 400 feetAbove Ground Level (AGL) and not more than 200 feet above the highest point on the structure being filmed. Minimum crew for each operation will consistofthe UAS Pilot, the Visual Observer (VO) and may include but not limited to aCamera Operator. The UAS pilot/operatorwill have been trained in operation ofsUAS generally and received up to-date information on the particularsUAS to be operated.
• The UAS pilot/operator will have at least aclass 2medical certificate.
• Ifthe PIC feels anotheroperatorto bequalified with the necessaryskills to be PIC, that person may be designated PIC provided they have a minimum of20 hours offlight time with the UAS. A briefing will be performed regarding the planned UAS operations prior to each day's flight consisting ofall the days' production activities. All flights will occur underVisual Flight Rules Meteorological Conditions (VFR) only.
• The flights will occur no closerthan a 5 mile radius ofthe geographic center/Airport Reference Point (ARP) ofatower controlled or uncontrolled airport. 

### Ifoperations will be within a 5mile radius ofthe geographic center/ Airport Reference Point (ARP) ofa tower controlled or uncontrolled airportthe respective airports will be contacted advising them ofthe estimated flighttime, flight duration, elevation offlight and other pertinent information.
• The operatorwill obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

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### The PIC and VO will have been trained in operation ofUAS and receive up-to-date information forthe particular UAS to be operated. The PIC and VO will be able to communicate byvoice, radio, and/ortext at all times. Written and/orverbal permission and permits will 

### be obtained from territorial, state, county orcity jurisdictions, including law enforcement, fire orotherappropriate governmental agencies. 

### Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre-determined location within adesignated location and land autonomously.
• The UAS will have the capability

### to abort aflight in case ofunpredicted obstacles, weather, or emergencies.

14C.F.R. Part 21,Subpart H: Airworthiness Certificates 14C.F.R. §91.203 (a) (1)



### The Federal Aviation Act {49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In all cases, an analysis of these criteria demonstrates thatthe UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, orsafer, than aconventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neithera pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within asecured and designated area. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operatorand underthe requirements and in compliance with local public safety requirements. These safety enhancements provide agreater degree ofsafetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat

### to national security posed bythe UAS, due to its

### size, speed ofoperation, location of operation, lack ofexplosive materials orflammable liquid fuels, and inability to carry asubstantial external load.

14C.F.R. § 45.23 (b). Marking oftheAircraft



### The regulation requires:

When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance

### to the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may 

### be needed as the UAS will have no entrance to the cabin, cockpitor pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, twoinch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with 45.29(f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29(f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS as "Experimental."

Page 614C.F.R. § 61.113 (a) and (b): Private Pilot Privilegesand Limitations: Pilot in Command.

Pursuantto 14 CFR 61.113 (a) & (b), no person who holds aprivate pilot certificate mayact as a pilot in command ofan aircraftthat is carrying passengers or property for compensation or hire. The FAA has found in previous grants ofexemption thata PIC with a private pilot certificate operating asUAS would notadversely affect operations in the NAS or present a hazard to persons or property on the ground. Request relief with limitations and conditions specified in this petition.

14C.F.R. § 61.133 (b): Commercial pilot privileges and limitations.

The FAA has found in previous grants ofexemption that a PIC with a private pilot certificate operating a sUAS would notadversely affect operations in the NAS or present a hazard to persons or property on the ground. Request reliefwith limitations and conditions specified in this petition.

14C.F.R. §91.7(a): Civil AircraftAirworthiness.

The regulation requires that no person may operate acivil aircraft unless it is in airworthy condition. 

### As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraftfor maintenance and use ofsafety check lists priorto each flight an equivalent level ofsafety will be provided.

14C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in theAircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft acurrent approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof. The UAS, given its size and configuration has no ability or place to carry such aflight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacitytocarry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual atthe ground control pointwhere the pilotflying the UAS will have immediate access to it.

14C.F.R. § 91.103: PreflightAction.

This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. 

### As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions as stated in the Aviasys Flight Operations Manual (FOM) including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

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### 14C.F.R. §91.109: FlightInstruction.

Section 91.103 provides that no person may operate acivil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, bytheir design do not have fully functional dual controls. Flight control is accomplished through the use ofacontrol box that communicates with the aircraftvia radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafety provided by the factthat neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.
AVIASYS, LLC has two (2) FAAAirline Transport (ATP) rated Rotorcraft Pilots on staffwith current FAA Certified Flight Instructor{CFI) ratings who will conduct all flight training through procedures specified in the AVIASYS Flight Operations Manual. Based on previous decisions made by the FAA for sUAS petitions regarding this regulation, relief is not necessary.



### 14C.F.R. §91.119: Minimum SafeAltitudes.

As setforth herein, the UAS will never operate at higherthan 400 AGL with the exception that in circumstances here the UAS is used to survey or photograph astructure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. 

### Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent. No flight will be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance notice to the property ownerand participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating ator below 400ftAGL. In addition, the lowaltitude operations ofthe UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat must comply with Section 91.119.



### 14C.F.R. §91.121AltimeterSettings.

This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeter that is set "

...tothe elevation ofthe departure airport oran appropriate altimetersetting available before departure." As the UAS may not have a barometric altimeter, but instead aGPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved bythe operator, pursuantto the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.

Page 814C.F.R. § 91.151{a): Fuel Requirementsfor Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly tothe first point ofintended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthat for 

### at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes."The battery powering the UAS provides approximately 30 minutes ofpowered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, UAS flights would 

### be limited 

### to approximately 10 minutes in length. Given the limitations on the UAS's proposed flightarea and the location ofits proposed operations within a predetermined area, a longertime frame for flight in daylight ortwilightVFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151{a) falls within the scope ofprior exemptions. Operating the UAS, in acontrolled area where only people and property owners orofficial representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utilityforwhich the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 20% ofbattery power-whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

14C.F.R. §91.203{a) and {b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in §91.715, no person mayoperate acivil aircraft unless it has within itthe following: {1) An appropriate and current airworthiness certificate

...{b) No person may operate acivil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section oraspecial flight authorization issued under §91.715 is displayed atthe cabin orcockpit entrance so that itis legible to passengers or crew. The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. 

### As such, there is no ability or place to carry certification and registration documents orto display them on the UAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control point where the pilot flying the UAS will have immediate access to them, 

### to the extent they are applicable to the UAS.

14C.F.R. §91.405 {a);407 {a) {1); 409 {a) {2);417{a) & {b): Maintenance Inspections.

These regulations require thatan aircraft operatororowner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...,"and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant.

Maintenance will be accomplished by the operator pursuantto the flight manual and operating handbook. An equivalent level ofsafety will 

### be achieved because the UAS is very limited in size and will carry asmall payload and operate only in restricted areas fora limited period oftime. Ifmechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operator will ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the

Page 9operator is the person most familiar with the aircraftand bestsuited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. 

### As provided in the AVIASYS UAS Flight Operations Manual; Section 3- Normal Procedures., the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed.



### Additional Information

The principle directors ofAviasys, LLC are FAAAirline Transport Rated Helicopter Pilots and Certified Flight Instructors (CFI) with type ratings on the Sikorsky S-92. Each company director has logged in excess of4000 accident and incident free hours ofactual flighttime and in excess of 1000 hours ofLevel Dsimulator experience as FAA approved Part 135 check airmen.

All operations will be conducted I.A.Wthe AVIASYS Flight Operations Manual which is attached to supportthis application but is considered the intellectual property ofAviasys, LLC and is notfor upload, reproduction or dissemination withoutthe express permission ofAviasys, LLC.
Aviasys, LLC shall comply will all criteria provided in Section 333 ofthe Reform Act of2012 and trusts thatthis is adequatejustification for the grantofthe requested exemptions allowing the commercial operation ofthe applicant's UAS.

Thankyou foryourtime and consideration. Sincerely,

Lucas Bardsley AVIASYS, LLC FAAATPL(H), FAA CFI, NZCAA CPL(H), CASA CPL(H)

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