4790 N Powerline Rd Pompano Beach, FL 33073
Contact: Gabriel E Alvarez, President
(954) 937

- 4029

RE: EXEMPTION REQUEST UNDER SECTION 333 OF THE FAA REFORM ACT AND PART 11 OF THE FEDERAL AVIATION REGULATIONS

Dear Sir/Madam,

Pursuant to Section 333 of PL 1 12

- 95 commonly known as the "FAA Modernization and Reform Act of 2012" or "The Reform Act", Aerial Vision Services, LLC , hereby p etitions the FAA for authorization to conduct commercial operations of its Unmanned A ircraft S ystems ( UAS ), as well as for a n exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. § 44701(f).

SECTION I

– REQUESTED REGULATIONS FOR EXEMPTION Regulations from which the exemption is requested:
14 C.F.R. 61.113 (a) (b) and 61.133 (a) (l) (ii)

- Private and Commercial Pilot Privilege and Limitations

“ 14 C .F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section. N o person who holds a private pilot cert i ficate may act as pilot in com mand of an aircraft that is carry ing passengers or property for compensation or hire; nor may that person, for

co mpensation or hire act as pilot in command of an aircraft. (b) A private pilot may for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

- 14 C. F. R. § 61.133: (a) Privileges

- (/) General. A person who holds a commercial pilot certificate may ac1 as pilot in c ommand of an aircraft

- (ii) f or compensation or hire,provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation. ”

Currently, there are no a pplicable areas identified for UAS in either the private or commercial sector and therefore an exemption is required to conduct commercial operations. As flight operations will be conducted in a restricted environment, these strict guidelines will achieve an equivalent level of safety for each individual flight especially when compared to commercial flights identified in Part 61 when originally developed. In addition, with the DJI Phantom 3 Professional UAS primary control system utilizing GPS waypoints for guidance and control, APS flight operations will be conducted by qualified DJI Phantom 3 Professional UAS operators.

NOTE: Operators may or may not hold a private pilot license.

- 14 C.F.R. 91.109 (a)

- Flight Instruction > States: 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.

DJI Phantom 3 Professional UAS (as described below in S ection IV of this petition ) is developed with single operational control through the use of pre

- determined GPS enabled waypoints programmed before or during flight in addition to the use of a single hand held transmitter or con trol station controlled by the Pilot In Command ( PlC ) . The design does not allow for dual controls during flight training and therefore the exemption is requested to qualify/certify operators as required by the manufacturer along with specific operations t raining and procedures identified above within section II. An equivalent level of safety will be ensured during training operations by utilizing the same flight planning process for normal operations. In the flight planning document, all ground hazards wil l be identif ied and mitigation techniques w i ll be enacted to ensure flights stay outside of 250 ft

. of any improved roads, vehicles, persons or structures.

NOTE: The FAA has set precedent by previously issuing exemptions for§ 91.1 09(a): Exemption Nos. 5 778K and 9862A. Also see most recent exemption approvals for Astraeus Aerial, Aerial MOB. HeliVideo Productions, RC Pro Product ions. Snaproll Media and Pictorvision for further justification of approval.

- 14 C.F.R. 91.151 (a)

- Fuel Requirements for Flight in VFR Conditions > States: No person may begin flight in an airplane under VFR conditions unless (considering wind and forecast weal her conditions /here is enough fuel to fly to the first point of in tended landing and, assuming nor mal cruising speed

- (I) During t he day to fly after that for a t leas t 30 minu t es:The DJI Phantom 3 Professional UAS ( as described below in Section IV of this petition ) has a limited flight time of a pproximately 23 minutes
, and i s operated by using a LiPo 4S battery.

NOTE: Th e FAA has set precede nt by previously issuing exempt ions for§ 91.151 (a): Exemption Nos. I 067 3. 2689F, 5 745. I 067 3 and I 0808. Also, see most rece nt exemption approvals for Astraeus Aerial. Aerial MOB. HeliVideo Productio ns. RC Pro Productions. Snapro ll Media and Picto rvision for further just ification of approval.

- 14 C.F.R. 91.119 (c)

- Minimum Safe Altitudes> States: Except when necessary for takeoff

or l anding, no person may operate an aircraft below the following altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases. The aircraft may not be operated cl oser than 500 feet to any person, vessel, vehicle, or structure.

All Aerial Vision Services, LLC operations will be conducted at 400ft AGL or be low in uncontrolled Class G and occasionally E airspace. As sUAS are inherently safer than traditional aircraft due to their small size, light weight, battery operated vice fuel and no human on

- board; Aerial Vision Services, LLC will not operate within 250ft to any improved roads, vehicles persons or structures (other than those being inspected as part of the flight operation). In addition, objects/hazards will be identified and geo

located prior to flight to be utilized within the flight planning stages to ensure this objective is met.

- 14 C. F. R. 91.121

- Altimeter S ettings > States: Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be by reference to an altimeter that is set. When operat ing ... The DJI Phantom 3 Professional UAS ( as described bel ow in Section IV of this petition ) is equipped with Global Positioning System (GPS) which provide altitude and geo

location data to the operator vice utilizing an altimeter. Due to this fact, an exemption is required for this system to be utilized in fligh t. GPS are precise within a few feet an d therefore meet a safety level equal to if not higher than regulatory guidance. NOTE: The FAA has recentl y set precedence to t his regulation within like given parameters and an exemption should be approved on this b asis. See exemption approval s for Astraeus Aerial, Aerial M OB, HeliVideo Productions, RC Pro Prod uctions, Snaproll Media and Pict orvision.

- 14 C.F.R. 91.405 (a), 91.407 (a) (1), 91.409 (a) (2) and 91.417 (a) & (b)

- Maintenance Inspections  91.405 (a) States: Each owner or operator of an aircraft

- (a) Shall have that aircraft inspect ed as prescribed in subpart E of this part and shall between requiredinspections except as provided in paragraph (c) of this section have discrepancies repaired as prescribe d in part 43 of I his chapt er  91.407 (a) (l) States : (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

- ( I) It has been approved for return to service by a person authorized under§ 43.7 of this chapter  91.409 (a) (2) States : (a) Except as provided i n paragraph (c) of this sec/ion, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

- (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection pe1jormed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to pe rf orm annual inspection s and is required as an '·annual·' ins pections and is e ntered as an 'annual ' inspe ct ion in the required maintenance record~.  91.417 (a) & (b) States: (a) Except for work pe1jormed in accordance with§§ 91.411 and 91.413. each registered owner or operator sh all keep the following records for the periods specified in paragraph (b) of this section: (paragraphs I (i

- iii). 2 (i

- vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs I

- 3)

Due to the fact t he DJI Phantom 3 Professional UAS at present does not have an airworthiness certificate, these regulations do not apply and therefore an exemption is required. Pre/Post and routine inspections (not to exceed 50 flight hours) and maintenance will be conducted in accordance with the manufacturer's guidance as stated in the operations manual. Unscheduled maintenance will be accomplished in the event of a mechanical or structural failure during flight. At no time will there be changes made to the air vehicle which would impact the structural integrity of the air frame without the manufacturer making such changes and verifying the flight its air worthiness. All inspection and maintenance will be documented and maintained in

- house. These actions will meet the intent of the regulation exemption is being requested and lead to the equivalent level of safety.

NOTE: The FAA has recent ly set precedence to this regulation within like given parameters and an exemption should be approved on this basis. See exemption approvals for Astraeus Aerial. Aerial MOB, HeliVideo Productio ns. RC Pro Productions. Snaproll Media and Pictorvision.SECTION I I

– RESTRICTIONS FOR SAFE UAS OPERATIONS The UAS will be operated in the field with both a P IC (Pilot in Command) and a VO (Visual Obse rver) in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following restrictions:

- (a) No flight will be made with a UA Gross weight exceeding 55 pounds;

- (b) All operations must occur in FAA Class G airspace a t no more than 400 ft. AGL, at an airspeed of no more than 25 knots and no further than 3/4 NM from the PIC;

- (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all t imes during a flight operation;

- (d) Operations will be restricted to flights over private property with the permission of the property owner;

- (e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of tota l time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA type;

- (f) All required permits will be obtained from state and local government prior to operation;

- (g) The sUAS System will not be operated over densely populat ed areas;

- (h) The s UA S System will not be operated at air shows;

- (i) The s UA S System will not be operated over any open

- air assembly of people;

- (j ) The s UA S System will not be operated over heavily trafficked roads;

- (k) The s UA S System will not be operated within 5 NM of an airport or heliport;

- ( l ) The s UA S System will not be operated over properties smaller than two acres in size;

- (m) Operations will be restricted to day only and weather conditions equivalent to VFR;

- (n) The PI C will brief the VO and property owner about the operation and risk before the first flight at each new location;

- (o) No flight may be made without a Pre

- Flight Inspection by the PIC before each operation to ascertain that the UA is i n a condition safe for flight.

- SECTION I II

– BENEFITS OF EXEMPTION APPROVAL

The requested exemption would permit the operation of small, unmanned and relatively inexpensive UAS under controlled conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to access, and 4) would provide safety enhancements to the already safe operations in the fields in which it will operate, presently using manned aircraft or ground personnel. Approval of this exemption would thereby enhance safety and fulfill the Secretary o f Transporta tion’s (the FAA Administrator ’s) responsibilities to “...establish requirements for the safeoperation of such aircraft systems in the national airspace system. ” Section 333(c) of the Reform Act.
Aerial Vision Services, LLC submit s that the co mbination of the UA's light weight, flight performance and ability, fully qualified flight crew and strict operation under the guidelines established in 8900.227, and under all o the r Restrictions (a) through (o) listed above, the FAA can have full confiden ce that the operation will have an equivalent or greater level of safety than manned aircraft performing the same mission. Like in exemption No. 11153, the ability to use an UA S , replacing manned aircraft, the safety of the public and all those considered. UAS also provides an additional tool to the aerial photography industry which supplement the current capabilities offered by manned aircraft. The requested exemption would support an application for a commercial Certificate of Authorization to use the abo ve described UAS to conduct aerial videography and cinematography for the purpose of augment real estate listing videos.

SECTION I V

– EQUIPMENT AND OPERATION

About DJI PHANTOM 3 PROFESSIONAL Here are the technical specifications of the equipment that Aerial Vision Services LLC will be operating:

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: +/

- 10cm

Horizontal: +/

- 1m 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 Max Flight Time Approximately 23 minutesBattery Type LiPo 4S Battery Voltage 15.2 V

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 Operating Environment Surface with clear pattern and adequate lighting (Lux > 15)

Other specifications that make this specific UAS convenient for our business include:

• 4K Video / 12 Megapixel Photo Camera

• Integrated 3

- Axis Stabilization Gimbal

• Easy to Fly, Intelligent Flight System

• Live HD View

• Dedicated Remote Controller

• Powerful Mobile App w/ Auto Video Editor

• Vision Positioning for Indoor Flight

About the ground operational base:

• A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UA while in the air;

• A 2.400 GHz

- 2.483 GHz remote controller op erated by the PIC to control the UA while in flight;

• A mobile device receiving live video and flight data from the on

- board camera and computer projects it all together onto a screen for the PIC to view during flight;

• A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UA S while in flight.SECTION I V

– ABOUT AERIAL VISION SERVICES, LLC

UAS is an additional tool to the aerial photography industry which supplement the current capabilities offered by manned aircraft , to enhance and evaluate the landscape of properties in the South Florida area. Aer ial Vision Services, LLC provide s aerial digital photographs and videos to clients on a contracted case by case basis in the following areas:

- Construction

- Inspection

- S urveying

- Real Estate

- Cinematography Acceptance of this contracts are based on the mutual ability to conduct the operation in a safe and responsible manner

. Additionally, Aerial Vision Services, LLC requests that it be allowed to use its UAS to service first responders nearby when assistance is required, including fire fighters, the police, the sheriff, etc., while remaining subject to all limitations cited in this application as we do so.
Aerial Vis ion Services, LLC is prepared to modify or amend any part of this request to satisfy the need for an equi valent level of safety. Please contact us at any time if you require additional information or clarification. We look forward to working with your offi ce.

Best Regards,

Gabriel E Alvarez

President
(954) 937

- 4029