Robert P. Ivers I Velocity**Busines~** Solutions 9064 TerwilligerstRidge Drive Cincinnati, OH 4f 249 September 25, 2015 U.S

. Department pfTransportation Docket Manager11ent System 1200 New Jersey Ave.,,SE Washington DC 20590 Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulati<! >ns from: 14 CFR 21 subpart H; 14 CFR 45.23(b) ; 14 CFR 61.113(a); 14 CFR 91.7(a) ; 14 CFR 91.9(b) (2); 

# 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) ard (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(l) and (2); 14 CFR 91.417(a) and (b)l To whom it may d 1 oncern: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 CFR Part 11, Robert P

. Ivers, owner ofV'locity Business Solutions (VBS), hereby applies for an exemption from the listed Federal Aviation Regulati0ns to allow commercial operation of a small UAS, so long as such operations are conducted within and under**~he** conditions outlined herein or as my be established by the FAA as required by Section 333, for all operators of small Unmanned Aerial Systems (UAS) working for VBS

. Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would operate in the follbwing manner: ' 1. Aerial phbtography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities

. 2

. Aerial video and/or photography for public and/or private use including television , public events, and cinematography. 3

. Aerial inspection/photography of residential/commercial structures under contract with the owners or local gov¢rnment authority. 4. Aerial video/photography or providing live video feed to assistwith search and rescue operations in cases of

### ~n emergency or natural disaster only when the local authorities or government has requested it by contract or donation

. As described fully!below, the requested exemption would permit the operation of small UAS under controlled conditions in the tjiAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to**~he** already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"

.... establish requirements for the safe operation of such aircraft systems in the national airspace system." ' The name, phone; email and address ofthe applicant: Name: Velocity 81)1siness Solutions, dba Scene From Above Phone: (513) 21810312 Email: rivers@velocitybiz

.com Address: 9064 Terwilligers Ridge Drive Cincinnati, OH**4~249** Regulations from yvhich the exemption is requested: 14 CFR Part 21 Slilbpart H 14 CFR 45.23 (b)

. 14 CFR 61

.113(a) 14 CFR 91

.7 (a) 14 CFR 91

.9 (b) (2)14 CFR 91.103 14CFR91.109 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 

### &(b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) 

### & (b) The small UAS's 1 1 will be using are multi
-rotor craft weighing no more than 55 lbs

. including payload

. Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the ability hover and move along a vertical and horizontal plane simultaneously. They will operate in line of sight only and by the exempted persons only obeying all other local and federal laws. Given the small size ofthe small UAS and the controlled environment provided the proposed operations will adhere to the Reform Act's safety requirements

. The approval ofthis application presents no national security issues

. Regarding the level of safety 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. Accordingly the applicant requests that the FAA grantthe requested exemption with minimum delay. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 1

. The small UAS will weigh less than 55 lbs

. 2

. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum flight time for each operational flight will be 30 minutes

. Flights will be terminated at 25% battery power reserve or 30 minutes offlight time whichever occurs first. 4

. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will consist ofthe small UAS Pilot in Command (PIC), the Visual Observer (VO) when needed and may include but not limited to a Camera Operator. 6. A briefing will be performed regarding the planned small UAS operations prior to each day's flight consisting of all the days' production activities

. 7
. The PIC will obtain verbal/written consent of all 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 or direction ofthe FSDO, operations at closer range may be approved. 8. The PIC and VO will have been trained in operation of small UAS and receive up-to-date information for the particular small UAS to be operated and will be able to show upon request their competent ability to operate the small UAS and/or Camera. 9. The PIC and VO will be able to communicate by voice, radio, and/ortext at all times

. 10. Written and/orverbal permission and permits will be obtained from territorial , state, county or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies when needed. 11

. Ifthe small UAS loses communications or loses GPS signal, the small UAS will have the capability to return to a pre-determined location within a designated location and land autonomously. 12

. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91

.203 (a) (1)

. Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.s.C.§44701 

### (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed , operational capability, and proximity to airports and populated areas ofthe particular small UAS. In all cases, an analysis of these criteria demonstrates that the small UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The small UAS to be operated hereunder is less than 55 lbs. Fully loaded , carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to 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 by the small UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inability to carry a substantial external load

. 14 C.F.R. 

### § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include only the 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 less than 2 inches nor more than 6 inches high, the words "limited ," "restricted," "light-sport," "experimental," or "provisional," as applicable. Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have no entrance to the cabin , cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe small UAS, two-inch lettering will be impossible

. The word "Experimental" will be placed on the fuselage in compliance with §45

.29 

### (f)
. The equivalent level ofsafety will be provided by having the small UAS marked on its fuselage as required by §45

.29 

### (f) where the pilot, observer and others working with the small UAS will see the identification ofthe small UAS as "Experimental." 14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Our small UAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61 .11 3(a)

. Although helpful , a pilot's license will not ensure remote control piloting skills

.The risks attendant to the operation of small UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation ofthe small UAS. 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil 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 aircraft for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided. 14 C.F

.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 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 a current approved airplane or Rotorcraft Flight Manual, approved manual material , markings, and placards, orany combination thereof

. The small UAS, given its size and configuration has no ability or place tocarry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft

.The equivalent level ofsafety will be maintained by keeping the flight manual atthe ground control point where the pilot flying the small UAS will have immediate access to it. 14 C.F.R. § 91.103: Preflight Action. 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 for the aircraft an exemption will be needed

.The OPERATOR will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight. 14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft has fully functioning dual controls. Small UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via 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 of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. 14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91

.119 establishes safe altitudes for operation ofcivil aircraft

. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a small UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned , an exemption may be needed to allow such operations

. As set forth herein, the small UAS will never operate at higher than 400 AGL with the exception that in circumstances where the small UAS is used to surveyor photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed ofthe small UAS as well as the location where it is operated

. No flight will be taken without the permission ofthe property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551 bs

. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the lowaltitude operations ofthe small UAS will ensure separation between these small- UAS operations and the operations ofconventional aircraft that must comply with Section 91

.119

. 14 C

.F

.R. §91

.121 Altimeter Settings

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

... 

### to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed

. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring , confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14 C

.F

.R. § 91

.151(a): Fuel Requirements for Flight in VFR Conditions Section 91

.151 (a) prohibits an individual from beginning "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
- 

### (i) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes

." The battery powering the small UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151 , small UAS flights would be limited to approximately 10 minutes in length

. Given the limitations on the small UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91

.151{a) falls within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed , with less than 30 minutes of reserve fuel , does not engender the type of risks that Section 91.151{a) was intended to alleviategiven the size and speed ofthe small UAS. Additionally, limiting small UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power- whichever happens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating area. 14 C

.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 may operate a civil aircraft unless it has within it the following: 

### (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis 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 orcrew. The small 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 small UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the small UAS will have immediate access to them ; to the extent they are applicable to the small UAS. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2}; 417(a) 

### & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis 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 that these 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 pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. If mechanical issues arise the small UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the small UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed

. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety

. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the small UAS Manufacturer's Manual , as referenced in the Aircraft Operations Manual (AOM). As provided in the FOM , the operator will ensure that the small UAS is in working order priorto initiating flight and perform required maintenance needed

.
Small UAS Information Small UAS's to be used are as follows but not limited to providing they are within the scope ofthe exemption granted by the FAA: 1. DJI Phantom Vision 2 +and Phantom 3 Weight (Battery 

### & Propellers Included)
-2

.8211bs. Hover Accuracy
- Vertical: +/ - .33ft (when Vision Positioning is active) or+/
- 1.64ft Horizontal : +/- 4.9 ft Max Yaw Angular Velocity -200o /s Max Tilt Angel -35° Max Ascent Speed -16 

### ftls Max Descent Speed
- 9 ft/s Max Flight Speed -36mph DJI Phantom Battery o DJI 4480mAH LiPo Battery DJI Phantom Gimbal Controllable Range- Pitch -90 degrees to +30 degrees Stabilization
- 3-axis (pitch , roll, yaw)DJI Phantom Camera o Operating Temperature Range -32°F -104OF o Sensor Size -1/2

.3 in

. o Effective Pixels -14M o Resolution -4384x3288 o HD Video Recording • UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 • FHD: 1920x1 080p 24/25/30/48/50/60 • HD: 1280xn0p 24/25/30/48/50/60 o Recording Field ofView -110°/85° DJI Phantom Transmitter o Operating Frequency -2.400GHz -2.483GHz o Communication Distance (unobstructed) -FCC Compliance: 2400 ft o Receiver Sensitivity (1 %PER) -101dbm +/- 2dbm o Transmitter Power -FCC Compliance: 20dbm CE: 16dbm 2. DJIInspire 1 Model T600 Weight (Battery Included) 2935 g Hovering Accuracy (GPS mode) Vertical: 0.5 m Horizontal: 2

.5 m Max Angular Velocity Pitch: 300°/S Yaw: 150°/s Max Tilt Angle 35° MaxAscent Speed 5 m/s Max Descent Speed 4 m/s Max Speed 22 m/s (A TTl mode, no wind) Max Flight Altitude 4500 m MaxWind Speed Resistance 10 m/s Max Flight Time Approximately 18 minutes Motor Model DJI 3510 Propeller Model DJI 1345 Operating Temperature Range -1

# o o

to 40° C Diagonal Distance 559 to 581 mm Dimensions 438x451x301 mm Power Spectral Density 9.06mW/MHz Gimbal

Camera Model ZENMUSE X3 Operating Current Station: 750 mA Motion: 900 mA Angular Vibration Range ±0

.03° Mounting Detachable Controllable Range Pitch: -90° to +30° Pan: ±320° Mechanical Range Pitch: -125° to +45° Pan: ±330° Max Controllable Speed Pitch: 120°/s Pan: 180°/s Name X3 Model FC350 Total Pixels 12.76M Effective Pixels 12.4M Image Max Size 4000x3000 ISO Range 100-3200 (video)100-1600 (photo) Remote Controller Name C1 Operating Frequency 922.7- 927.7 MHz (Japan Only) 5
.725-5.825 GHz 2.400-2.483 GHz Transmitting Distance (outdoor and unobstructed) 2 km EIRP 1Od8m@900m , 13d8m@5.8G, 20d8m@2.4GConclusion Thank you for the consideration ofthese exemptions

.

Robert P

. Ivers Owner 

### I Operator Velocity Business Solutions