1325 W 24 th St, Unit A

, Houston , Texas 77 008
Phone : 8 32

- 280

- 8003 | Email : info@ virtualleasingsystems.com

1 | P a g e August 12 , 2015

To : US Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 From : VJ Arizpe , Owner & Creative Director Virtual Leasing Systems

, LLC

1325 W 24 th St, Unit A Houston, TX 77008

Re : Exemption Request under section 333 of the FAA Reform Act

Summary of Exemption R equest

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, and the Federal Aviation Administration’s general exemption authority under Title 49, United States Code, Secti on 44701(f), Virtual Leasing Systems

, LLC hereby petitions for e xemptions from the following Federal Aviation Regulations specified in Title 14 of the Code of Federal Regulations :

14 CFR Part 21 , Subpart H 14 CFR 45.23(a)

14 CFR 61.113(a)(b)

14 CFR 61.133 (a)

14 CFR 91.7(a)

14 CFR 91.109(a)

14 CFR 91.119(c) 14 CFR 91.9(b)(2)

14 CFR 91.121

14 CFR 91.151(a)(1) 14 CFR 91.203(a)(b) 14 CFR 91.319(a)(1)

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 9 1.409(a)(1) (2)

14 CFR 91.417(a)(b)

These proposed exemptions, if granted, will allow Virtual Leasing Systems , LLC “ VLS ” to operate two commercially prepared Unmanned Aircraft System s “UAS” for commercial real estate applications.

Aerial videography and photography benefits the real estate community and general public by providing a unique perspective that both real estate sales professionals and buyers can use to make a more informed decision. Current methods of manned aerial videography and photogra phy are cost prohibitive for the average real estate business and con sumer. Virtual Leasing Systems , LLC wishes to
utilize two commercially prepared UAS platforms; the DJI Inspire 1 & DJI Phantom 2 models. The u se of
the se UAS ’ will grant landowners, corporations, and consumers an overall greater awareness

, increased1325 W 24 th St, Unit A

, Houston , Texas 77 008
Phone : 8 32

- 280

- 8003 | Email : info@ virtualleasingsystems.com

2 | P a g e safety , as well as negate the need for conventional aircraft assista nce

. This results in enhanced efficiency for any activity conducted

, as well as an immediate environmental benefit.

Operation under the anticipated exemption will be subject to strict conditions and requirements

, ensuring at minimum, an equivalent level of safety to currently authorized operating standards and procedures per FAA Regulations

.

Supplemental Information Included :

Part A: DJI Manual

– Inspire 1 User Manual

Part B: DJI Manu al

– Inspire 1 Maintenance Manual
Part C: DJI Manual

– Inspire 1 Safety Guidelines

Part D: DJI Manual

– Phantom 2 User Manual

Background of Applicant

Virtual Leasing Systems

Attn : VJ Arizpe

1325 W 24 th , Unit A

Houston , Texas 77 008
Phone : ( 832) 280

- 8003
Email : vjarizpe@virtualleasingsystems.com

Virtual Leasing Systems, LLC leverages 16 years ’ experience in the residential and commercial real estate photography industry. As a premier provider in the Houston, Texas and surrounding region VLS prov ides services to its clients ranging from ground photography, virtual property tours, website and social media design, website maintenance and relevancy enhancements, as well as general and specific customized advertising solutions for the real estate indu stry. The addition of aerial photography and videography will allow VLS to provide a valuable service that our clients continually request.1325 W 24 th St, Unit A

, Houston , Texas 77 008
Phone : 8 32

- 280

- 8003 | Email : info@ virtualleasingsystems.com

3 | P a g e Aircraft Overview

The DJI Inspire 1 UAS is a ready

- to

- fly comme rcial product . It is of Quad

- Rotor design

, is lithium polymer battery powered, and is strictly a photography/v ideography based asset. It houses a proprietary, upgradeable gimbal & camera system, controllable from the UAS’ included remote controller &
software. Fully dr essed, the aircraft weighs less t han 7 lbs. , has a dimension set of 17.5”x 18”x 12”, and a maximum airspeed of 42 knots. Maximum useable endurance of the system is approximately 18

minutes , while maximum wind speed resistance is 19 knots . Aircraft lighting is unconventional according

to F AA regulation, existing as two green indicators on the aircraft

- rear, and two red indicators on t he
aircraft

- front. The system includes dual remote control capability, allowing for two trained operators to work simultaneously, minimizing task saturati on, a nd maximizing safety of flight concepts. The DJI Inspire ’ proven controlling software maintains Live Map positioning, flight telemetry, allows for auto takeoff and landing, as well as provides a safe “ return to home” emergency capability.

The DJI Phantom 2 UAS is also a r eady

- to

- fly commercial product . It is of Quad

- Rotor design, is lithium polymer battery powered, and is strictly a Photography/Videography based asset. It houses a proprietary, upgradeable gimbal, allowing for multiple camera/sensor configu rations

, which are controllable from the UAS’ included remote controller & software. Fully dressed, the a ircraft weighs less
than 4 lbs. , has a dimension set of 17 ”x 8.1 ”x 12.5 ”, and a maximum airspeed of approximately 3 0 knots.
Maximum useable endurance o f the system is approximately 20 minutes, while maximum wind speed
resistance is 19 knots. Aircraft lighting is unconventional according to FAA regulation, existing as green
indicators on the aircraft

- rear rotor arms, and red indicators on the aircraft

- fro nt rotor arms

. DJI A2 controlling software provides the operator with flight telemet ry, allows for safe “return to home” auto landing, as well as provides stable flight during a failed motor emergency situation

.

As stated above, the UAS’ that VLS intends to operate are equipped with GPS and au to return safety technology. Each UAS weighs less than four (10 ) pounds (far below the maximum 55 pound limit ); Including camera with gimbal. Virtual Leasing Systems considers safety foremost with each flight. Our

sma ll unmanned aircraft are designed to hover in place via GPS and operate in less than a 23 knot (25 mph) wind. Built in safety systems include a GPS mode that allows our UAS’s to hover in place when
radio controls are released. With three modes to choose fr om, we utilize the GPS 4 for aerial videography/photography. This is the safest, most reliable and stable mode to prevent accident and hazard. When pilot communication is lost, the UAS is designed to slowly descend to point of take off. We do not operate o ur UAS’s near airports, hospitals or police heliports, nor do we operate near areas where the general public is within fif ty (50) meters depending on location, conditions and weather. Our UAS software is continuously updated with the most up

- to

- date airpo rt airspace no fly zones.

Both the DJI Inspire 1 and Phantom 2 Unmanned Aircraft Systems have previously been exempted from regulations by the FAA. Virtual Leasing Systems wishes to include these two system sets into its approved/exempted fleet of workin g Unmanned Aircraft Systems. Specific platform details compiled by the vendor, DJI, have been included as supplemental information with this exemption.1325 W 24 th St, Unit A

, Houston , Texas 77 008
Phone : 8 32

- 280

- 8003 | Email : info@ virtualleasingsystems.com

4 | P a g e Training

UAS Operator

VLS requires every Operator to be fully qualified on any of its usable UAS appropriately

. Trainees are given demonstration in general skills such as; maintaining altitude, maintaining visual line of sight, general navigation principles, obstacle avoidance, air traffic de

- confliction, and emergency procedures

. Quali fication a s an Operator for either of the DJI UAS requires the Operator trainee to show proficient levels of all aforementioned skill areas, with special emphasis on emergency proce dure s

.

UAS Safety Observer

VLS requires every person who will be acting as a flight safety observer to be proficient in airspace knowledge, emergency procedures, aeronautical chart interpretation and airspace safety, ground operations, ATC radio frequency communication . Two

- W ay radio communication will be established between the UAS oper ator and safety observer(s) during flight operations.

Currency is maintained through monthly aircraft flights and instruction

.

Authority for Petition

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems,” provides a me thod for seeking expedited FAA authorization of safe, civil UAS operation in the National Airspace System (“NAS”).

J=9 Section 333(a) states that th e Secretary of Transportation “shall determine if certain Unmanned Aircraft

S ystems may operate safely in the Na tional Airspace S ystem before completion of the plan and rule

making required by Section 332 of this Act or the guidance required by Section 334 of this Act. ”

Section 333(b) outlines any factors the Secretary of Transportation must consider in order to d etermine whether commercial UAS operation should be approved

. These factors include at minimum “[the UAS’s] size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a ha zard to users of the National Airspace System or the public or pose a threat to National Security [...] ”

Section 333 (c) states that sho uld the Secretary determine a certain UAS may operate safely in the NAS, “the Secretary shall establish requirements for s afe operation of such aircraft systems in the National Airspace System.”

Section 44701(f) of Title 49, United States Code, states that “The [FAA] Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702

- 44716 of this title if the Administrator finds the exemption is in public interest.”1325 W 24 th St, Unit A

, Houston , Texas 77 008
Phone : 8 32

- 280

- 8003 | Email : info@ virtualleasingsystems.com

5 | P a g e Explanations

14 CFR Part 21 , Subpart H : Procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthi ness approvals

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements fo r the issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Giv en the size and weight of the specified

DJI Inspire 1 and Phantom 2 UAS aircraft ( takeoff weights at 7 & 4 lbs. , respectively ) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Sec tion
333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, a nd proximity to airports and populated areas of the UAS
involved.

In this case, an analysis of these cr i teria demonstrates that the DJI aircraft operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe , or safer, than a conventional aircraft (fixed wing or rotorcraft) with an ai rworthiness certificate. The DJI aircraft weigh
less than 10 lbs. fully configured

. They will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre

- disclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by b oth the operator, pursuant to the conditions set forth above, and by local public safety requirements. The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt of the prior permission of the land owner, the size of the aircr aft, the lack of flammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equ ivalent level of safety.

 Lightweight (< 10 lbs), small form factor aircraft

 Powered by sealed lithium polymer batteries, eli minating fuel spillage or risk of fire

 Remote crew location, eliminating risk in the event of an incident

 Waypoint/Route programming capability, ensur ing obstacle/obstruction avoidance

 Built in fail

- safe modes ( hover in place, return to home, autonomous la nding)

After consideration of the size, weight, speed, and limited operating area associated with the aircraft
and their operation, VLS believes exemption from 14 CFR Part 21 should be granted.1325 W 24 th St, Unit A

, Houston , Texas 77 008
Phone : 8 32

- 280

- 8003 | Email : info@ virtualleasingsystems.com

6 | P a g e 14 CFR 45.23(a ) : Display of marks; general

The Inspire 1 & Phantom 2 aircraft do not have an entrance to a cabin, cockpit or pilot station in order to place required markings. Due to the size of the aircraft, 2 inch let tering is not possible. The aircraft will
have a 1” marking denoting their tail number which will achieve an equivalent level of safety as required by §45.29(f) in which the pilot, observer, and others ground crew personnel attending to work on the
aircraft will see each aircraft with a specific marking to denote aircraft serial number. Aircraft t o be flown will be registered in accordance with 14 CFR part 47.

VLS requests exemption be granted from 14 CFR Part 45.

14 CFR 61.113(a) and (b); 61.133(a) : Private pilot privileges and limitations ; Pilot in Command; Commercial Pilot Privileges and Li mitations

VLS’ intent is to :

 Provide UAS services over property only with permission from landowner

 Display appropriate warning signage on all borders of property during operation

 Maintain high level UAS airmanship skillset via VLS currency & training re quirements

 Ability to achieve equivalent level of safety required by current regulations

 As o peration of UAS is fundamentally different than manned aircraft

, the current level of air and ground instruction of all aircraft operators is sufficient for safe UAV operations. commercial pilot certificate as prescribed in Part 61.133 is outside the scope of the proposed unmanned aircraft operations as no carrying of persons or property will be performed.

VLS believes exemption from 14 CF R 61.113(a) and (b); 61.133(a) should be granted.

14 CFR 91.7(a) : Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there is no published standard for validating ai rworthiness condition of the DJI aircraft, VLS will abide by internal company process documentation to validate operational functionality which will achieve an equivalent level of safety by ensuring compliance with all maintenance and inspection manuals (S upplemental Information , Part’s A through D ).

VLS believes exemption from 14 CFR 91.7(a) should be granted.1325 W 24 th St, Unit A

, Houston , Texas 77 008
Phone : 8 32

- 280

- 8003 | Email : info@ virtualleasingsystems.com

7 | P a g e 14 CFR 91.119(c) : Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to 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.

An equivalent level of safety will be achieved given the size, weight, speed, and material with which the DJI Inspire 1 & Phantom 2 are built. F light operations will not occur wi thout the permission of the land

owner /authorized agent or those who control the land. Because of the advance notice to the landowner, all affected individuals will be aware of the unmanned flight operations. Compared to aerial survey operations conducted with aircraft or rotorcraft carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. T he low

- altitude operations of the UAS will maintain separation between these
small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

The ideal altitude for the projects proposed within this request will be at or below 400 feet above ground level and standard operational procedures will provide for a constant airspace awareness to allow for maximum separation between small UAS operations and operations of conventional manned
aircraft. Additionally , VLS operators and observers will display appropriate warning si gnage on all perimeters of surrounding property while UAV operations are in progress.

VLS believes exemption from 14 CFR 91.119(c) should be granted, as an equivalent level of safety will be
achieved.

14 CFR 91.9(b)(2) : Civil Aircraf t Flight Manual in the Aircraft

The regulation requires that any person to operate a U.S.

- registered civil aircraft “[...] (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current app roved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placar ds, or any combination thereof.”

Given the size of the both DJI models proposed herein

, they ha ve no ability or place to carry such a flight
manual onboard due to a lack of room o r physical capacity

.

The equivalent level of safety will be achieved by keeping the flight manual ’s ( Supplemental Information, Part ’s A through D ) at the ground control point where the pilot flying the UAS will have immediate access to required flight manual documentation.

VLS believes exemption from 14 CFR 91.9(b)(2) should be granted, as an equivalent level of marking and
documentation will be achieved.1325 W 24 th St, Unit A

, Houston , Texas 77 008
Phone : 8 32

- 280

- 8003 | Email : info@ virtualleasingsystems.com

8 | P a g e 14 CFR 91.109(a) & 91.319(a)(1) : Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. In ope rational configur ation, the DJI Ins pire 1 & Phantom 2 models are remotely piloted aircraft that do not have fully functional dual controls. Flight control is accomplished through the use of a control box or ground control station that communicates with the aircraft via line

- of

- sight radio c ommunications. The flight plan is pre

- pr ogrammed into the auto pilot before or during flight and may also receive manual pilot input control functions to alter the pre

- programmed flight. If instruction is accomplished through a training program an equivalen t level of safety will be assured. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental a ircraft ( 5778K & 9862A ) . The equivalent level of safety will be achieved by the manufacturer providing the training and through the use of experienced and qualifi ed pilots familiar
with the DJI aircraft

.

VLS believes exemption from 14 CFR 91.109(a) & 91.319(a)(1) should be granted.

14 CFR 91.203 (a) & (b) : Carrying Civil Aircraft Certification and Registration

This regulation provides as follows : (a) [...] no person may operate a civil aircraft unl ess it has [...] an appropriate and current airworthiness
certificate. (b) No person may operate a civil aircraf t unless the airworthiness certificate required by paragraph (a) of this section 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.

The DJI Inspire 1 & Phantom 2

, when fully configured for flight operations , weigh no more than 10 lbs. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. In addition, there is no pilot on board the aircraft. An equ ivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sample of other e x ceptions includes Exemptions 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

VLS believes exemption from 14 C FR 91.203 (a) & (b) should be granted, as the regul ation is not applicable to DJI UAS

.1325 W 24 th St, Unit A

, Houston , Texas 77 008
Phone : 8 32

- 280

- 8003 | Email : info@ virtualleasingsystems.com

9 | P a g e 14 CFR 91.121 : Altimeter settings

Section 91.121 requires aircraft operators to maintain cruising altitude or flight lev el by reference to an
altimeter

.

VLS believes exemption from 14 CFR 91.121 should be granted, as the regulation is not applicable to either of the DJI UAS aircraft

.

14 CFR 91.151(a)(1) : Fuel requirements for flight in VFR conditions

Due to the DJI Inspire 1 & Phantom 2 UAS being battery powered, VLS believes exemption from 14 CFR 91.151(a)(1) should be granted, as the regulation is not applicable.

14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a)(b) : Maintenance Requirements

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected 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 [...] ” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air
worthiness certif icate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

VLS has prescribed a specific process and inspection standard that will allow an equivalent level of safety
to be achieved as a result of diligent and consistent maintenance. The aircraft operator is responsible for accurate status upkeep of the maintenan ce record to include the battery maintenance log , ensuring the

VLS is in safe condition for flight operations, and ensuring all software is curre nt prior to aircraft

o peration . Through this, VLS believes exemption from the listed regulations should be gran ted.

Summary

VLS believes that a pproval from the FAA will enhance efficiency and safet y in any operation any of its
available UAS conducts

, due to reducing the need for manned aircraft

. D ue to its camera

- only payload capability, lack of cargo, fuel or combustible materials in general, aircraft size, weight, and limited operating area, neither DJI UAS presents a major risk to individuals, nor poses any threat to National

Securi ty. While adher ing to at least an equivalent level of s afety of all current regulations, VLS firmly
believes exemptions to the listed regulations should be granted, and operation of its UAS ’ commercially should be permitted

.