VICTORY IMPROVEMENT PROFESSIONALS

Petition for Exemption 14 CFR § 11.81

Summary for Publication

VIP

2/16/2015
Victory Improvement Professionals LLC, 1351 Deloss Street, Indianapolis, IN 46203 viproofs.com 

February 16, 2015

U. S. Department of Transportation 

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE 

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 91.7 (a); 

91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a) 

(1); 91.409(a) (2); 91.417(a) & (b); 61.3(a); 61.23(a).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11, Victory Improvement Professionals, an Indiana single member Limited Liability 

Company, in business as a general contractor specializing in roofing and exterior renovation 

servicing both commercial and residential clients, hereby applies for an exemption from the 

listed Federal Aviation Regulations (FARs) to allow commercial operation of Small Unmanned 

Aircraft Systems (sUASs) for aerial imaging to perform site inspections.

As described more fully below, the requested exemption would permit the commercial operation 

of small, unmanned and relatively inexpensive sUAS by trained sUAS operators. The same 

sUAS are currently being flown with fewer restrictions by children and hobbyist without any 

training or oversight. The exemption will allow us the opportunity to invest in the sUAS and 

other equipment and software to develop inspection programs that are beneficial to not only our 

clients, but the safety of our inspectors and the public in general. Approval of this exemption 

would fulfill the Secretary of Transportations’ (the FFA Administrator’s) responsibilities to 

“...establish requirements for the safe operation of such aircraft systems in the national airspace 

system.” Section 333(c) of the FAA Modernization and Reform Act of 2012. This request

additionally falls within the most recent set of Operational Limitations proposed by the FAA

regarding commercial use of sUASs.

We feel as though it was the intent of the Act to promptly approve such requests for the overall 

good of the public to help in determining the proper implementation of sUASs into the NAS. 

This will exemption will allow real data regarding both safety and privacy issues. 

Respectfully,

Jay C Gray

President
Victory Improvement Professionals LLC, 1351 Deloss Street, Indianapolis, IN 46203 viproofs.com 

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b)

14 CFR 61.3 (a)

14 CFR 61.23 (a)

DESCRIPTION OF RELIEF SOUGHT FOR SPECIFIC REGULATIONS

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, Victory 

Improvement Professionals, 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 sUAS to be operated hereunder meets the definition of Section 333 (6) being less than the

55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates within an area with written or verbal approval. Unlike other 

civil aircraft, operations under this exemption will be tightly controlled and monitored by the 

operator, and in compliance with both Federal and local public safety requirements. The FAA 

will have advance notice of all operations with the required filing of a Certificate of Waiver. 

These safety enhancements, which are already greater than currently required by hobbyist, 

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. 
Victory Improvement Professionals LLC, 1351 Deloss Street, Indianapolis, IN 46203 viproofs.com 

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.

14 C.F.R. § 45.23 (b). Marking of the 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 UAS will have no airworthiness certificate, an exemption may be needed as 

the UAS will have no entrance to the cabin, cockpit or pilot station on which the word

“Experimental” can be placed. Given the size of the sUAV, two-inch lettering will be impossible. 

The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the 

identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have specific training to 

the sSUA along with in house training to current FAA regulations regarding our NAS and civic 

responsibility. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is 

remotely controlled with no living thing on board. The area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance. These types of sSUAs are 

currently being flown by hobbyist without any certifications. The level of safety provided by the 

requirements included in the Manual exceeds that provided by a single individual currently 

operating one of these sSUAs as a hobbyist. The risks associated with the operation of the 

sUAS are so diminished from the level of risk associated with conventional manned operations 

contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with 

specific training as the operator exceeds the present level of safety achieved by 14 C.F.R. 

§61.113 (a) & (b) or what is allowed currently by hobbyist.

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, speed and flight restrictions placed on the UAS along with the preflight and 

maintenance required, an airworthiness certificate is not needed since our practice will exceed 

all current FAA guidelines pertaining to airworthiness of sUASs.
Victory Improvement Professionals LLC, 1351 Deloss Street, Indianapolis, IN 46203 viproofs.com 

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 of this chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof.

The sUAS, 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 sUAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

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 of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided as set forth in the 

attached Operator Preflight form. The Operator will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight.

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 for flight instruction unless that aircraft has fully functioning dual 

controls. 

sUASs 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. See Exemption Nos.5778K & 9862A. 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 of the 

aircraft. The safety of those on the ground is protected by the fact that each structure that is the 

subject of the documented flight will have verbal or written authorization and will be conducted 

in a defined area where we can limit non-participating individuals.

14 C.F.R. §91.119: Minimum safe altitudes 

Section 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 sUAS 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, except for 
Victory Improvement Professionals LLC, 1351 Deloss Street, Indianapolis, IN 46203 viproofs.com 

the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. 

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 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 as set 

forth in Section K of the Manual. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, 

any risk associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL in the movie industry. In addition, the lowaltitude operations of the sUAS will ensure separation between these small-UAS operations and 

the operations of conventional 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 of the departure airport or an appropriate 

altimeter setting available before departure.” As the sUAS 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 Manual and Safety Check list, confirming the 

altitude of the 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 – (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 battery powering the sUAS provides approximately 40 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the 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 night VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). 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 alleviate given the size and speed of the small UAS. 

Additionally, limiting sUAS 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 sUAS to its planned landing zone from anywhere in its limited operating 

area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808.
Victory Improvement Professionals LLC, 1351 Deloss Street, Indianapolis, IN 46203 viproofs.com 

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) 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 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 or to display 

them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the sUAS will have immediate access to them, to the extent they are 

applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700.

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 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 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 attached with this exemption request. 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 of time. If 

mechanical issues arise the UAS can land immediately and will be operating from no higher 

than 400 feet AGL. As provided in the Manual, 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.

14 C.F.R. §61.3 Requirement for certificates, ratings, and authorizations.

These regulations require that no person may serve as a required pilot of a civil aircraft unless 

that person holds a current pilot certificate in accordance §61.19; §61.77; §61.17; or §61.29(e). 

Given the size and nature of the flights that this aircraft will make along with their currently being 

no current certification or licensing process specific to sSUAs, the current licensing process is 

for aircraft carrying at least an onboard pilot. This presents an undue hardship for a small 

business owner to proceed to develop this technology. It is apparent by the directive of 

Congress in the Modernization Act in Section 333 along with the recent FAA Comprehensive 

Plan that an exemption can be granted. By simply going through the steps of the exemption 

process afforded in Section 333 demonstrates that our commitment to a more superior level of 
Victory Improvement Professionals LLC, 1351 Deloss Street, Indianapolis, IN 46203 viproofs.com 

safety in comparison to a hobbyist flying under the same restrictions without the requirement of 

14 C.F.R. §61.3 

§61.23 Medical certificates: Requirement and duration.

This regulation requires medical certificates for all pilots operation in the NAS. Given the size and 

nature of the flights that this aircraft will make along with their currently being no current 

certification or licensing process specific to sSUAs, the current licensing process is for aircraft 

carrying at least an onboard pilot. This presents an undue hardship for a small business owner 

to proceed to develop this technology. It is apparent by the directive of Congress in the 

Modernization Act in Section 333 along with the recent FAA Comprehensive Plan that an 

exemption can be granted. By simply going through the steps of the exemption process 

afforded in Section 333 demonstrates that our commitment to a more superior level of safety in 

comparison to a hobbyist flying under the same restrictions without the requirement of 14 CFR

61.23 

 The summary of the relief we seek is to be able to first purchase a DJI Phantom 2 (v2.0) with Zenmuse 

H4-3D Gimbal GoPro Aerial Rig, sUAS with added safety enhancements to include upgraded flight 

controller with

 7" Field Monitor with integrated Diversity Rx (5.8 GHz 32 CH)

 Integrated Battery

 Pair of tuned Pole Antennas (5.8 GHz Rx/Tx)

 Tuned Patch Panel Antenna (5.8 GHz Rx Directional Long Range)

 400 mW 5.8 GHz 32 CH Video Transmitter

 Detachable Sun-Shade

 Quick Detach Radio Mount

 Futaba 8FG (Configured)

 Futaba Programming

 DSLRPros TXS-8 Pro Lipo Charger

 2 DSLRPros 2600 mAH LiPo Futaba Battery

 DSLRPros Lipo Bag

 DSLRPros Deluxe Lanyard

 DSLRPros LiPo checker

The Operational Limitations to our exemptions are as follows:

 sUAS craft to weigh less than 55 lbs. (25kg).

 Visual line-of-sight (VLOS) flying only; The UAS must remain within VLOS of the operator or 

approved virtual observer (VO)

 The sUAS must remain close enough to the operator for the operator to be capable of seeing 

the aircraft with vision unaided by any device other than corrective lenses.

 sUAS will not operate over any persons not directly involved in the operation.
Victory Improvement Professionals LLC, 1351 Deloss Street, Indianapolis, IN 46203 viproofs.com 

 Daylight-only operations (official sunrise to official sunset, local time).

 Will always yield right-of-way to other aircraft, manned or unmanned.

 May use a trained and approved virtual observer

 Will not utilize First-person camera view as an exclusive action to satisfy “see-and-avoid”.

 Will fly with a maximum airspeed less than 100 mph (87 knots).

 Maximum altitude of 500 feet above ground level.

 Will fly only with a minimum weather visibility of 3 miles from control station.

 Will not fly in Class A (18,000 feet & above) airspace.

 Will file a Certificate of Waiver with ATC when operating in Class B,C,D and E airspace and will 

not fly in these areas without ATC permission.

 May operate in Class G airspace without ATC permission.

 Will never have one person act as an operator or VO for more than one unmanned aircraft 

operation at one time.

 Will operate equipment in a safe manner with no careless or reckless operations.

 Will require preflight inspection by the approved operator.

 Will never operate or have anyone operate our small unmanned aircraft if he or she knows or 

has reason to know of any physical or mental condition that would interfere with the safe 

operation of a small UAS.

 Operators will have to pass an aeronautical knowledge test 

The benefit of granting this exemption falls within our intended belief of Section 333(c) of 

the FAA Modernization and Reform Act of 2012. Getting small businesses involved and 

educated as to the safe operation and in the NAS. Requiring a pilot license for a 

hobbyist of a sUAS too burdensome as is requiring the same for a small business that 

wants to invest resources in this new technology. 

We hope that you will process our request in most timely fashion and contact me 

regarding any questions.

Respectfully,

Jay C Gray

President