### US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Administration

October 15, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue, SE Washington, D.C. 20590

Kolby L. Reese Aerial Vision Concepts, LLC. 3257 Marengo Dr. Virginia Beach, VA. 23456 Tel: (757) 715-3090 kreese@aerialvisionconcepts.com



### Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 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) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) ; 14 CFR 91.409 (a) (1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Kolby L. Reese operator of Aerial Vision Concepts, LLC., (both Kolby L. Reese and Aerial Vision Concepts, LLC. hereinafter known as Aerial Vision Concepts) seeks an exemption from the listed Federal Aviation Regulations (“FARs”). This exemption will allow commercial operation of a DJI Phantom 3 Professional, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

I appreciate your consideration for reviewing the exemption request for the following reasons.Summary

This exemption will permit Aerial Vision Concepts to provide unmanned aircraft solutions with services to local, state, and commercial clients. Aerial Vision Concepts is focused on providing safe solutions utilizing unmanned aircraft for aerial data acquisition, photography, and videography. Aerial Vision Concepts will concentrate efforts in the areas of Real Estate, Construction, Inspections, Surveying, and other applicable areas.

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 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) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

Aerial Vision Concepts requests relief from 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

. 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 of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 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, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS 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 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 neither a pilot nor passenger, carries no explosive materials or flammable 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 under the requirements and in compliance with local public safetyrequirements. 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 of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates.

Aerial Vision Concepts requests relief from 14 C.F.R. § 45.23 (b) : Display of marks; general.

Pursuant to 14 C.F.R. § 45.23 (b) , all aircraft operators are required to mark their aircraft according to certain specifications. Aerial Vision Concept’s DJI Phantom 3 Professional is, by definition, unmanned and does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Furthermore, two-inch lettering is difficult to place on small scale aircraft with dimensions smaller than the minimal lettering requirement.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. § 45.23 (b)

.

Aerial Vision Concepts requests relief from 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations; Pilot In Command (PIC).

Pursuant to 14 CFR 61.113 (a) & (b), 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. The proposed DJI Phantom 3 Professional operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant’s UAS do not carry any pilots or passengers or property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will be, or be under the direct supervision of at least a FAA Certificated Private Pilot with current Third Class or higher medical certificate. It is believed that the operation and limitations set forth in the FOM will equate to the safe operation of the UAS.

Therefore, Aerial Vision Concepts requests relief from 14 CFR 61.113 (a) & (b)

.

Aerial Vision Concepts requests relief from 14 C.F.R. §91.7(a): Airworthiness Certificate.

Pursuant to 14 C.F.R. §91.7(a), 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 of the aircraft for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. §91.7(a)

.

Aerial Vision Concepts requests relief from 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Pursuant to 14 C.F.R. § 91.9 (b) (2), 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 of this chapter, unless there isavailable in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry 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 of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Aerial Vision Concepts requests relief from 14 C.F.R. § 91.103: Preflight Action.

Pursuant to 14 C.F.R. § 91.103, each pilot in command is to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 2 and 3 including but not limited to reviewing weather, flight battery requirements, landing and takeoff obstructions and aircraft performance data before initiation of flight

. Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. § 91.103: Preflight Action.

Aerial Vision Concepts requests relief from 14 C.F.R. §91.109: Flight Instruction.

Pursuant to 14 C.F.R. §91.109, 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. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a 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 of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. §91.109: Flight Instruction.

Aerial Vision Concepts requests relief from 14 C.F.R. §91.119: Minimum Safe Altitudes.

14 C.F.R. §91.119, establishes safe altitudes for operation of civil 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 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 UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet 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, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the 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 of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associatedwith these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. §91.119: Minimum Safe Altitudes.

Aerial Vision Concepts requests relief from 14 C.F.R.§91.121: Altimeter Settings.

14 C.F.R.§91.121, requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. 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 of the launch site shown on the GPS altitude indicator before flight.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R.§91.121 Altimeter Settings.

Aerial Vision Concepts requests relief from 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions.

14 C.F.R. § 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 – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The applicant believes that an exemption from

14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. The 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 UAS to its planned landing zone from anywhere in its limited operating area.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

.

Aerial Vision Concepts requests relief from 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration.

14 C.F.R. §91.203 (a) and (b), 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) 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 UAS fully loaded weighs well under the proposed 55 lbs. limit and is operated without anonboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent 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; to the extent they are applicable to the UAS.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

.

Aerial Vision Concepts requests relief from 14 C.F.R. §91.405 (a): Maintenance Required; 91.407 (a) (1): Operation after maintenance, preventive maintenance, rebuilding, or alteration; 91.409 (a) (2): Inspections; and 91.417(a) & (b): Maintenance records.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b), require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections 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 the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any 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 of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed.

Therefore, Aerial Vision Concepts requests relief from 14 C.F.R. §91.405 (a): Maintenance Required; 91.407 (a) (1): Operation after maintenance, preventive maintenance, rebuilding, or alteration; 91.409 (a) (2): Inspections; and 91.417(a) & (b): Maintenance records.

Appendix A- DJI UAS product notes.

Appendix B- Aerial Vision Concepts Flight Operations Manual.Appendix A- DJI UAS product notes.

Aerial Vision Concepts will be operating 

### a DJI Phantom 3 Professional.

DJI Phantom 3 Professional Specifications:

Aircraft Weight (including battery and propellers) 1280 g Diagonal (size including propellers)
590 mm Max Ascent Speed 5 m/s Max Descent Speed 3 m/s Hover Accuracy -Vertical: +/- 0.1 m (when vision positioning is active) or +/- 0.5 m -Horizontal: +/- 1.5m Max Speed 16 m/s (ATTI mode, no wind)
Max Altitude Above Sea Level
6000 m Operating Temperature 0*C to 40*C
GPS Mode GPS / GLONASS

### Camera Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)
Lens FOV 90* 20 mm (35 mm format equivalent) f/2.8, focus at infinity ISO Range 100-3200 (video) 100-1600 (photo) Shutter Speed 8s-1/8000s Image Max Size
4000 x 3000 Still Photography Modes Single shot Burst Shooting: 3/5/7 shots Auto Exposure Bracketing (AEB): 3/5 Bracketed Frames at 0.7 EV Bias Time-lapse Video Recording Modes UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 Supported SD Card Types Micro SD Max Capacity: 64 GB, Class 10 or UHS-1 rating required Max Bitrate of Video Storage 60 Mbps

Gimbal Controllable Range Pitch -90* to + 30*
Stabilization 3-axis (pitch, roll, yaw)

Vision Positioning Max Velocity Less than 8 m/s (when 2 m above ground) Altitude Range
30 cm - 300 cm Operating Range
30 cm - 300 cm

### Remote Controller Operating Environment Surface with clear pattern and adequate lighting (Lux > 15) Operating Frequency
2.400 GHz-2.483 GHz
Max Distance 2000m (outdoors and unobstructed) Video Output Port
USB Operating Temperature 0* C - 40* C Battery 6000 mAh LiPo 2S
Mobile Device Holder For tablet or phone Receiver Sensitivity (1% PER) -101 dBm +2dBm Transmitter Power (EIRP) FCC: 20 dBm CE: 16 dBm Working Voltage 1.2 A @ 7.4V

Battery Charger Voltage 17.4 V
Rated Power 100 W

Intelligent Flight Battery Capacity 4480 mAh Voltage 15.2 V Battery Type LiPo 4S Energy 68 Wh Net Weight 365 g Max Flight Time Approximately 23 minutes

### Operating Temperature -10* C to 40* C Max Charging Power
100 W

App / Live View Mobile App DJI Pilot
EIRP 100m W Live View Working Frequency
2.4 GHz ISM Live View Quality 720P @ 30fps (depending on conditions and mobile device) Latency 220ms (depending on conditions and mobile device) Required Operating Systems iOS 8.0 or Later Android 4.1.2 or Later
Recommended Devices iOS: iPhone 5s, 6, 6 Plus, iPad Air, WiFi + Cellular, iPad Mini, Mini 2, Mini 3, WiFi + Cellular, iPad 2, WiFi + Cellular. This app is optimized for iPhone 5s, 6, and 6 Plus. Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 3, Nubia Z7 mini.

Auto Takeoff With one tap in the DJI Pilot app, your Phantom 3 will turn on its motors and rise to a pre-set height. It will then hover perfectly in place until you direct it where to go.

Auto Return Home When GPS is available, your Phantom 3 remembers the exact spot it took off from. Wherever you aircraft is flying tap a button to have it return right back home.

Failsafe If the Intelligent Flight Battery is running low, or if your Phantom 3 loses the connection with your remote controller for any reason, the aircraft will automatically return to the takeoff point and land safely.Appendix B- Aerial Vision Concepts Flight Operations Manual.

Operator and crew must be familiar with, and follow these operating procedures:

1) Maintenance and Updates:

a) Document all maintenance, alterations, and updates in the aircraft records. b) Any maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the functional test flight must make an entry in the UAS records referencing the flight.

2) Prior to each mission:

The PIC must familiarize themselves with all possible safety aspects of the mission. This includes but is not limited to:

a) Software version updates as required (maintained on manufacturer’s website) b) Weather c) Winds (less than 12 knots at surface, or gust spread of no greater than 10 knots) d) NOTAMS for nearest airport facility and mission area e) Proximity to nearest airport and airspace classification

3) Prior to each flight:

The PIC must inspect the UAS and Ground Control Station to ensure they are in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from being operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. This includes but is not limited to:

a) Batteries ( a fully charged UAS battery is required to begin each flight, check battery levels for transmitter and tablet viewing device) b) Inspect propellers, motors, gimbal, and lights c) The documents required under 14 CFR § 91.9 and § 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is being operated. These documents must be available to the Administrator or a law enforcement official for review upon request.

The PIC performs a safety assessment. This includes but is not limited to:

a) Operations in visible moisture are not permitted and any flight shall be terminated if such a condition arises. b) Inspection of mission area for light poles, trees, utility wires, proximity to airports or heliports, hospitals, schools, roadways, gatherings of people or other obstructions to safe flight. c) The PIC provides a safety briefing to the Visual Observer and any ground crew. d) Identify take off and landing areas, and obstruction height for Return to Home function.

The PIC performs pre-flight checks:

a) Check all controls are neutral. b) Turn on power to tablet, transmitter, then UAS.c) Perform compass calibration, when required, according to manufacturer’s operating manual. d) Set home position when taking off from a new location. e) Allow GPS signal to be obtained, minimum of 6 satellites necessary for safe flight. f) Immediately after takeoff perform the following checks: i) Hover at 5-10 ft AGL ii) Perform control function test: 1) forward 2) rearward 3) left 4) right 5) up 6) down 7) yaw left 8) yaw right iii) Check available flight time and battery voltage is sufficient for mission. iv) Check camera view is operational.

4) During each flight:

a) The UAS may not be operated by the PIC from any moving vehicle. b) The UAS may not be operated at an altitude exceeding 200 ft AGL. c) The UAS may not be operated at night. d) The minimum weather conditions are at least 500 feet below or 2,000 feet horizontally from any cloud and visibility not less than 3 statute miles. d) The UAS must remain clear of and yield the right of way to all manned aircraft activities. e) The UAS must remain within line of sight of either the PIC or Visual Observer.

5) Emergencies during flight:

If the following conditions are met immediately determine closest safe landing location and land until such condition is no longer present.

a) Pilot distracted and loss of visual reference to UAS. ( Return to Home function) b) Visual Observer or ground crew signal aborting mission via voice command or hand signal. c) Sudden change in weather conditions or wind in excess of allowable limits. d) Manned aircraft in the vicinity. e) Persons not directly involved in UAS operation in the vicinity. f) Birds in and around UAS operations.

6) After each flight:

a) Turn off power to UAS first, then turn off power to transmitter and tablet. b) Inspect UAS for any damage or missing components. c) Check and log flight time for airframe and propellers.



### Thank you for your consideration in granting exemption from Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation regulations.

Sincerely, Kolby L. Reese 3257 Marengo Drive Virginia Beach, VA. 23456