July 20, 2015

U.S. DepartmentofTransportation Docket Management System 1200 NewJerseyAve, SE Washington, DC 20590 Dear Sir/Madame, REF: SECTION 333 PETITION FOR EXEMPTION Petitioner: Robert D. Poole, Jr. on behalfofAerial Visions Utah - \..

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Company: Aerial Visions Utah (to be formed as asingle-member LLC upon receiving approval ofthe requested exemptions as listed herein. The nameAerial Visions Utah is currently reserved with the State's DeptofCommerce, Division of Corporations in the name ofthe Petitioner) Address: 8740 Leafwood Ln, Sandy, UT84094-1813 Contact: Cell (801) 808-4138; Email bepoole1@msn.com Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012, and 14 CFR Part 11, Robert D. Poole, Jr., Petitioner, does hereby apply for an exemption from the Federal Aviation Regulations (FARs) listed herein to allow operation of Small Unmanned Aircraft System/s (sUAS's) commercially, for the purposes of aerial datacollection, in airspace regulated by the Federal Aviation Administration (FAA), so long as such operations are conducted with and under the conditions outlined herein oras may be established bythe FAA as required by Section 333:

• Real estatevideo 

### & photography • Aerial location scouting, inspections and mapping • Utilityand industrial inspections • Landscape • Surveying • Agriculture • Legal and Insurance industries • Construction sites/projects • General photography • Search and Rescue • Special events 1The requested exemption would permit the operation ofsUAS's under controlled conditions in airspace that is (a) limited, (b) predetermined, and (c) controlled as to access. Petitioner states thatall sUAS flights will occur over private orcontrolled access property and will do so with the property owner's orauthorized representative's consent and knowledge, and thatofpeople who have consented or otherwise have agreed to be in the area where aerial data collection will take place. Petitioner: Robert D. Poole, Jr., Petitioner, on behalfofAerial Visions Utah, has been a resident ofthe State ofUtah since 1997 and a licensed pilotsince 1972. He is a licensed Realtor in Utah since 2008 and was previously licensed in Alaska and Oregon. He holds an Airline Transport Rating (FAA#251686908) with approximately 2,000 hours of accident and incident-free flight time. sUAV Equipment: Petitioner proposes to operate Small Unmanned Aerial System (sUAS) equipmentcomprised of

### DJI PhantomVision+ and DJI Phantom 3 sUAS's. The sUAS's will be operated below 400 feet above ground level (AGL); always within visual line of sight (VLOS) and never at speeds greater than 87 knots

... and in no case will the sUAS's ever be operated atairspeeds greaterthan the maximum UAS airspeed recommendation bythe aircraft manufacturer. All flightoperations will remain within the approved flightenvelope ofthe aircraft, per guidelines and requirements ofthe respective Operations Manuals. All flightoperations will be conducted underthe conditions and boundaries outlined herein oras established bythe FAA pursuantto Section 333. The exemptions requested would permitAerial Visions Utah to offer and contract commercial services to customers who are in need ofaerial data capturefrom asUAS. All flights operated by Aerial Visions Utah will be conducted with a "Safety First" approach to operations, and with strict adherence to the requirements of Section 333 and/or the granted exemptions. All flights will be conducted by a Pilot-in-Command (PIC) who holds a minimum of a current Recreational Pilot's License, a Sport Pilot's License or Private Pilot's License, and a current medical certificate orvalid U.S. driver's license. Visual Observers (VO) will be trained to perform their duties, and their performance will be actively monitored and critiqued. Preflight inspections and briefings between the PIC and VO will occur before each flight. Petitioner is seeking relief and exemption from the following sections of 14 CFR; Reasons for seeking reliefand exemption are also stated:

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### Thespecificsectionorsectionsof14CFRfromwhichyou seekan exemption; 14C.F.R. Part 21, Subpart H, Airworthiness Certificates & 14C.F.R. §91.203(a)(1). 14C.F.R. Part27: Airworthiness Standards: Normal Category Rotorcraft. Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 14 C.F.R. § 61.113 (a)&(b): Private Pilot Privileges and Limitations: Pilot in Command. 14 C.F.R. §91.9(b)(2): Civil Aircraft Flight Manual in theAircraft. 14 C.F.R. §91.7(a): Civil AircraftAirworthiness. 14 C.F.R. §91.103: PreflightAction. 14 C.F.R. §91.109(a): Flight Instruction. 14 C.F.R. § 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.121 Altimeter Settings. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions. 14 C.F.R. §91.203 (a)&(b): Carrying Civil AircraftCertification and Registration. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a)&(b): Maintenance Inspections. 

### Theextentofreliefyou seekandthe reason you seektherelief; 14C.F.R. Part21,Subpart H,AirworthinessCertificates& 14C.F.R. § 

### 91.203(a)(1). This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the procedural requirements for the issuance ofairworthiness certificates as required by 14 C.F.R. §91.203(a)(1). Given the size and limited operating area associated with the sUAS's to be utilized by the Petitioner, an exemption from Part 21, Subpart H, meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both authorize the FAAto exempt aircraftfrom the requirementforan airworthiness certificate, upon consideration of the size, weight, speed, operational capability and proximity to airports and populated areas ofthe particularsUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional rotorcraft operating with an airworthiness certificate withoutthe restrictions and conditions ofthe proposed sUAS operations.



### • Equivalent Level ofSafety The sUAS's to be operated weigh far less than 55 pounds, including gimbal, camera, etc., and they carry neither pilot nor passenger. These sUAS's have been selected by Aerial Visions Utah 3for their proven safe and reliable flying capabilities, their ease of use and the advanced technologythey employ. They are battery-operated; they carry no combustible fuel, flammable liquid orexplosive materials; they create no emissions and they are capable ofoperating quite safely atthe preferred slow speeds. These safety enhancements, which already apply to civil aircraft operated in connection with existing inspection operations, 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. 

### 14C.F.R. Part27:AirworthinessStandards: Normal Category Rotorcraft. 14 C.F.R. Part 27 sets forth the procedural requirements forairworthinesscertification ofnormal category rotorcraft. To the extent the Petitioner's sUAS would otherwise require certification under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 27's airworthiness standards for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H. 

### Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 

### 91.9(c), 45.23(b) and 45.27(a). This petition seeks an exemption from the aircraft marking and identification requirements of 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, provides that: No person may operate a U.S. registered civil aircraft unless that aircraft is identified in accordance with part45 ofthis chapter. 14 C.F.R. §45.23(b), Markings ofthe Aircraft, states: 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 thataircraft near each entrance tothe 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. 14 C.F.R. §45.27(a), Rotorcraft, states: Each operatorofa rotorcraft mustdisplayon that rotorcraft horizontally on both surfaces ofthe cabin, fuselage, boom, ortail the marks required by §45.23. 4Exemption from § 45.23(b) is warranted because the sUAS has no entrance to the cabin, no cockpit or pilot station on which the word "Experimental" can be placed. Moreover, given the size of the sUAS, two-inch lettering would be impossible. The word "Experimental" will be placed on thefuselage in compliance with§45.29(f). Given the nature of the specific relief sought by this exemption request, Petitioner requests relieffrom the associated marking and identification requirements of§ 45.27(a) and § 91.9(c), which would require compliance with§ 45.23(b).



### • Equivalent Level ofSafety An equivalent level of safety for exemptions to the aircraft marking and identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the sUAS's marked on its fuselage as required by §45.29(f) where the pilot, observer, and others working with the sUAS will see the identification ofthe UAS as "Experimental." Additionally, Petitioner will ensure compliance with any requests ofsUAS marking bythe FAA. 

### 14 C.F.R. § 

### 61.113 {a) & 

### {b): Private Pilot Privileges and Limitations: Pilot in Command. This petition seeks an exemption from the private pilot privileges and limitations of§ 61.113 (a) 

### & (b), which states: Private Pilot Privileges and Limitations: Pilot in Command. (a) Except as provided in paragraphs (b) through (h) ofthis section, no person who holds a Private Pilot Certificate may act as Pilot-in-Command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, actas pilot in command ofan aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business oremployment if: (1)The flight is only incidental tothatbusiness oremployment; and (2)The aircraftdoes notcarry passengers or propertyforcompensation or hire. Section 61.113(a) limits private pilots to being in command of non-commercial flights. Section 61.113(b)(l) provides an exception that allows a private pilot to command an aircraft without passengers or property, in connection with business or employment if "the flight is only incidental tothat business oremployment." That exception likely does not apply to the proposed operations under this petition for exemption, as the flights are not incidental to the proposed aerial data collection, but rather 5essential to it. Accordingly, this petition seeks an exemption to § 61.113(a)'s commercial limitation and/or § 61.113(b)(1)'s requirement that the flight be incidental to the business to benefitfrom the exception.



### • Equivalent Level ofSafety Because the sUAS's will not carry a pilot or passengers, and the platform is inherently stable with sophisticated computer and GPS controls, the proposed operations can achieve the equivalent level ofsafetyto§ 61.113 (a) and (b). Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no one on board. Moreover, the area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance in accordance with the Manual, and flights are limited in duration and altitude. 

### 14C.F.R. § 

### 91.9{b)(2):Civil Aircraft FlightManual in theAircraft. This petition seeks an exemption from theflight manual requirements of 14 C.F.R. § 91.9(b)(2), which states: (b) 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. Given its size, configuration, and load capacity, the sUAS has no abilityto carry such a manual on the aircraft, notonly because there is no piloton board, but because there is simply no room orcapacityto carry such an item on the aircraft.



### • Equivalent Level ofSafety The safety-related purpose ofthis manual requirement can be equally satisfied by maintaining the sUAS flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. Accordingly, Petitioner requests an exemption from § 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS's flight manualfs be available at the control pointduring each operation. 

### 14C.F.R. § 

### 91.7(a):CivilAircraftAirworthiness. This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires thata civil aircraft be in an airworthy condition to be operated. Inasmuch as there will be no airworthiness certificate 6issued forthe sUAS, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness.



### • Equivalent Level ofSafety Aerial Visions Utah's PIC, who will be flying the sUAS, has an Airline Transport Rating accompanied by an extensive accident and incident-free record gained in private and commercial aircraft over a 30+ year period. Given the size ofthe sUAS and the requirements contained in the Manual for maintenance and use of safety checklists prior to each flight, an equivalent level ofsafetywill be provided. 

### 14C.F.R. § 

### 91.103: PreflightAction. This petition seeks an exemption from 

### § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA approved Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be provided forthe sUAS, an exemption is requested.



### • Equivalent Level ofSafety An equivalent level of safety will be provided by following the Aircraft Operations Manual comprehensive preflight checklist. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoffdistances, and aircraft performance data before initiation of flight, as well as fully reviewing and briefing all preflight operations and safety expectationswith theVO. 

### 14C.F.R. § 

### 91.109{a): FlightInstruction. This petition seeks an exemption from 14 C.F.R. 

### § 91.109(a), which provides 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." sUAS's are remotely piloted aircraftthat, by their design, do not have fully functional dual controls. Instead, flightcontrol is accomplished through the use of a control box that communicates with the sUAS via radio communications.



### • Equivalent Level ofSafety Given the size and speed ofthe sUAS, an equivalent level ofsafe training can still be performed without dual controls because no pilot or passengers are aboard the sUAS, and all persons will be asafe distance awayshould the sUAS experience any difficulties during flight instruction.

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### 14C.F.R. § 

### 91.119: Minimum SafeAltitudes. This petition seeks an exemption from the minimum safe altitude requirements of 14 C.F.R. 

### § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, orstructure in non-congested areas. C.F.R. 

### § 91.119(c), Section 

### § 91.119(d)(1) allow for a helicopter to operate at less than those altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters bythe FAA. To provide the intended inspections, the sUAS's operated by Aerial Systems Utah will normally need to be operated within a range ofbetween 50 and 200 feetfrom the property being filmed or photographed. Accordingly, due to the nature ofthe proposed operations, the PIC may at times be less than 500 feet away from structures during the operation, and an exemption is therefore requested.



### • Equivalent Level ofSafety Compared toflight operations with traditional rotorcraft weighting far more than the maximum 55 lbs. proposed herein, and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner and/or local officials. Because of the advance notice to the property owner and participants, all affected individualswill be aware ofthe planned flight operations. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subjecttothe minimum safe altitude regulations. 

### 14C.F.R. § 

### 91.121AltimeterSettings. This petition seeks an exemption from 14 C.F.R. 

### § 91.121, which requires a person operating an aircraftto maintain cruising altitude orflight level by reference to an altimeterthat is settothe elevation ofthe departure airport or barometric pressure. An exemption is requested because the sUAS does not have a barometric altimeter, but rather aGPS altitude read out.

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### • Equivalent Level ofSafety An equivalent level of safety will be achieved by following the procedures set forth in the Manual. As prescribed in the Manual, the operator will confirm the altitude ofthe launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicatortoconstantly monitorthe sUAS height, thus ensuring operation atsafe altitudes. 

### 14C.F.R. § 

### 91.151{a): Fuel Requirementsfor Flightin VFRConditions. This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No person may begin aflight in an airplane under VFR conditions unless (considering wind and forecastweather conditions) there is enough fuel toflytothefirst pointofintended landing and, assuming normal cruising speed (1) During the day, toflyafterthatforatleast30 minutes; or (2)At night, toflyafterthatforat least45 minutes. The battery powering the sUAS provides approximately 20 minutes of powered flight. An exemption from the 30 minute reserve requirement in 14 CFR §91.151 istherefore requested.



### • Equivalent Level ofSafety An equivalent level ofsafety can be achieved by limiting flights to 25 minutes or 25% ofbattery power, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere within its limited operating area. Operation of the sUAS with less than 30 minutes of reserve fuel does not envisage the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Moreover, operation will be limited to controlled areas where only people and property owners, orofficial representatives who have signed waivers will be allowed. 

### 14C.F.R. § 

### 91.203{a) & 

### {b): Carrying CivilAircraftCertificationand Registration. This petition seeks an exemption from civil aircraft certification and registration requirements of 14 C.F.R. §91.203 (a) and (b).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 thefollowing: (1)An appropriate and currentairworthiness certificate

9(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or aspecial flight authorization issued under §91.715 is displayed atthe cabin orcockpitentrance so that itis legible to passengers orcrew. In addition tothe fact that Petitioner is seeking an exemption from the airworthiness certificate requirements, an exemption to this regulation is practical and necessary because: (1) the sUAS's load capacity and size does notallow ittocarry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which the documents could be displayed; and (3) there are no passengers or crew for whom the certificates need be displayed.



### • Equivalent Level ofSafety To the extent these regulations are applicable to the proposed sUAS operations, an equivalent level ofsafety will be achieved by keeping these documents atthe ground control point where the pilotflying the sUAS will have immediate access tothem. 

### 14C.F.R. §§ 

### 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & 

### (b): Maintenance Inspections. This petition seeks an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a)&(b). These regulations specify maintenance and inspection standards in reference to 14C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections

. . . have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is requested because Part 43 and these sections apply only to aircraft with an airworthiness certificate, which the sUAS's will nothave.



### • Equivalent Level ofSafety An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manuals. As provided in the Manuals, the operatorwill ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. 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 ofsafety. Ifmechanical issues arise, the UAS can land immediately and, typically, will be operating from no higher than 200 feet AGL. Moreover, the sUAS's small size, carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods oftime, create



### 10less risk than the same factors associated with conventional fixed-wing aircraft and rotorcraft performing the same operation. 

### Howyourrequestwould benefitthe publicasawhole; Aerial data collection by sUAS's, as an available service tothe public, allows fora lower cost and significantly safer method ofoperation than thatoffixed-wing aircraft and traditional rotorcraft: these methods are expensive; they create substantial noise and they are much more threatening due to size, weightand the combustible fuel on board. The public's interest is also furthered by reducing human exposure to death or serious injury associated with manned aircraft performing aerial data collection. Lack ofcombustible fuel, no harmful emissions and the small size ofthe platform will also minimize ecological damage and promote economic growth by providing useful services tothe company's clients. Aerial surveys are valuable tools for roof, utility-power generation, cell phone towers, bridge and tunnel inspections and other elements that comprise the national transportation and communication infrastructure. However, problems with availability, safety and cost often impede aerial surveys and inspections and other aerial data collection from conventional manned aircraft. The use of sUAS's addresses these problems: they are powerful tools for performing a widerange of aerial data collection applications such as those stated on Page 1 ofthis document. The public as a whole will benefit from the safer and more cost-effective utility aerial services thatsUAS's operations provide. The Petitioner would also offer his services, upon request and with proper coordination, to any official search and rescue or emergency services organization in orderto benefitthe public. Petitioner is confident that the knowledge of the PIC, along with adherence to strict safety standards of itself, the FAA, and the physical safety properties ofthe sUAS's will allow for safe and efficientoperations. 

### Reasonswhytheexemptionwould notadverselyaffectsafetyorhowthe exemptionwould providea level ofsafetyatleastequaltotheexisting rule; These reasons are previously stated in each respective part ofthis document for each specific exemption request.



### Asummarywecan publish in the Federal Registerstating-The rulesfromwhich you seektheexemption;

11Aerial Visions Utah seeks an exemption from thefollowing rules: 14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. 

### § 61.113 (a) & (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 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); 14CFR 91.417 (a) & (b). 

### Abriefdescriptionoftheexemptionyou seek; Aerial Visions Utah seeks an exemption from thefollowing rules: 14 CFR Part 21, Subpart H; 14 CFR Part 27; 14CFR 45.23(b); 14C.F.R. 

### § 61.113 (a) & (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 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) for the purposes of conducting aerial data collection, including for purposes of search and rescue operations, photography, videography and inspections for commercial and residential real estate, landscape, farming and agricultural, legal, industrial, construction and insurance industries,



### Ifyou wanttoexercisethe privilegesofyourexemptionoutsidetheUnited States, you muststatethereason. Aerial Visions Utah does not intend tooperatethe sUAS's outside ofthe United States. 

### Aerial Visions Utah hereby respectfully requests exemption under Section 333 in order to pursue immediate commercial sUAS applicationswith the intentofproviding our customers with asafe, high-quality aerial data collection platform on which to meettheir needs. Thankyou foryour consideration. Respectfully submitted,

# ~~~ Robert D. Poole, 

### Jr. Petitioner On behalfofAerial Visions Utah



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