VICTORY IMPROVEMENT PROFESSIONALS



### Petition for Exemption 14 CFR § 11.81



# Summary for Publication

VIP
2/16/2015Victory 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. 1 1 3(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 s UAS 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 s UAS 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 o f Operational Limitatio ns 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 wi ll exemption will allow real data regarding both safety and privacy issues.

Respectfully,

Jay C Gray
PresidentVictory 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)

DESCR IPTION 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
equ ivalent 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 t he 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 l ocal public safety requirements. The FAA will have advance notice of all operations wi th 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 ai rworthiness 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 n umber 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 le ss 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 e quivalent 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 follo wing 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, an d 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 individu al 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 operati ons 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 requ ires 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 determinin g airworthine ss. 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 cha pter, 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 car ry 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 gro und 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 op erate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

s UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flig ht 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 ins truction 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 t he 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: Minim um 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 forVictory 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 low

al titude 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 n ot 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 forecas t 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 fl ight 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 prio r 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 sig ned 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 tha n 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 C ivil 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 certif icate. . . . (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 legib le 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 leve l 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 repaire d 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 t he 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 w ill 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 airw orthy 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 cu rrent 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 ofVictory Improvement Professionals LLC, 1351 Deloss Street, Indianapolis, IN 46203 viproofs.com

safety in comparison to a hobbyi st 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 purch ase 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 R ange)

 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:

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

 Visual line

- of

- sight (VLOS) flying only; T he UAS must remain within VLOS of the operator or approved virtual observer (VO)

 The s UAS 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 yi eld 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 m ph (87 knots).

 Maximum altitude of 500 feet above ground level.

 W ill fly only with a minimum w eather visibility of 3 miles fro m control station.

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

 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 o perator or VO for more than one unmanned aircraft
operation at one time.

 Will operate equipm ent in a s afe 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 know s 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 i nte nded 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 techno logy.

We hope that you will process our request in most timely fashion and contact me regarding any questions.

Respectfully, Jay C Gray
President