VizionAir, LLC. 100 Liverton Lane

Louisville, KY 40222 Phone: (317) 363-5618

October 5, 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 Pursuant to Section 333 of the FAA Reform Act of 2012 and Part 11 of the

Federal Aviation Regulations from: 14 CFR 61.23(a) & (c); 14 CFR 61.101 (e) (4) & (5); 14 CFR

61.113 (a); 14 CFR 61.315 (a); 14 CFR 91.7 (a); 14 CFR 91.119 (c); 14 CFR 91.121; 14 CFR 91.151 (a)

(1); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a) (1) & (2); 14 CFR 91.417 (a) & (b)

Dear Exemption Manager,

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

C.F.R. Part 11, Unmanned Services Inc. (USI) herein after also known as the operator, is an operator of

small Unmanned Aircraft Systems (sUAS) or Unmanned Aircraft (UA). USI is an aviation technology

and services company that plans to exploit the capabilities of UA to offer a multitude of services,

including:

Aerial surveying, mapping and data collection

Remote sensing

Educational and research operations

Wildlife and forestry monitoring

Aid in disaster and emergency management and monitoring, civil first response, communications

relay, search and rescue, monitoring fire hazards, cleanup effort supervision, damage assessment and

estimation

Aid civil engineering: waterways and shipping, forestry, fishery protection, pollution control and air

sampling and crop performance

Railroad and motor-vehicle road inspection

Telecommunications infrastructure inspection

Utility, Energy systems and electrical engineering inspections and asset management

Agricultural surveying and produce field management

Livestock management and accountability

Unmanned aircraft flight school

Aerial filmmaking and photography

Construction site inspections and monitoring

Oil and gas pipeline inspection/patrolling and oil-field inspection

Real estate and marketing
Real estate and marketing

Aerial event security, surveillance and crowd management

Aerial imagery evidence for property insurance claims

VizionAir, LLC. hereby applies for an exemption from the listed Federal Aviation Regulations

(FARs) to allow commercial operation of their UA, with full understanding that operations are

conducted within and under the conditions outlined herein or as may be established by the FAA as

required by Section 333. As described more fully below, the requested exemption would permit the

operation of small, unmanned and relatively inexpensive UA under controlled conditions in the

National Airspace System (NAS) regulated by the Federal Aviation Administration (FAA).

Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe

operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform

Act.

The name and address of the applicant is:

VizionAir, LLC. Attn: Andrew B. Duffin 100 Liverton Lane.

Louisville, KY 40222

Phone: (317) 363-5618

Email: VizionAir1@gmail.com

Regulations from which the exemption is requested:

14 CFR 61.23 (a) & (c) – Medical certificates: Requirements and duration

14 CFR 61.101 (e) (4) & (5) – Recreational pilot privileges and limitations

14 CFR 61.113 (a) – Private pilot privileges and limitations: Pilot in command

14 CFR 61.315 (a) – What are the privileges and limits of my sport pilot certificate?

14 CFR 91.7 (a) – Civil aircraft airworthiness

14 CFR 91.119 (c) – Minimum safe altitudes: General

14 CFR 91.121 – Altimeter settings

14 CFR 91.151 (a) (1) – Fuel requirements for flights in Visual Flight Rules (VFR) conditions

14 CFR 91.405 (a) – Maintenance required

14 CFR 91.407 (a) (1) – Operation after maintenance, preventative maintenance, rebuilding, and

alteration

14 CFR 91.409 (a) (1) & (2) – Inspections

14 CFR 91.417 (a) & (b) – Maintenance records

Regulatory Basis for Exemption Request
Regulatory Basis for Exemption Request

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a)

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before

completion of the rulemaking required under Section 332 of the Reform Act. In making this

determination, the Secretary is required to determine which types of UA do not create a hazard to users

of the NAS or the public or pose a threat to national security in light of the following:

The UA’s size, weight, speed, and operational capability;

Operation of the UA in close proximity to airports and populated areas

Operation of the UA within visual line of sight of the operator.

The aircraft intended for use by the operator includes the DJI Phantom 2, DJI Phantom 3 & DJI

Inspire 1. All of these aircraft have previously been approved by the FAA in other applicant’s

Section 333 exemptions. Exemptions Nos. 11278, 11275, 11267, 11260, 11253 and 11230.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation of

such aircraft in the national airspace system.” Id. §333(c) (emphasis added).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the

Act, which includes UA, from the requirement that all civil aircraft must have a current

airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator

finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC

§44704; 14 CFR §91.203 (a) (1).

Unmanned Services Inc.’s UA are rotorcraft, weighting 55 or fewer pounds including payload. The

UA operate under normal conditions at a speed of no more than 50 knots and have the capability to

hover and move in the vertical and horizontal plane simultaneously. The UA will be operated only

in line of sight and will be operated only within a predetermined and protected flight area under the

permission of the property representative. The UA will be operated under the below listed

limitations and conditions to which the operator agrees to be bound when conducting commercial

operations under an FAA issued exemption, as well as any other limitations the FAA may place on

future operations. Such operations will insure that the UA will “not create a hazard to users of the

national airspace system or the public as per the Reform Act Section 333 (b).

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed

operations, and the significant public benefit, including enhanced safety, reduction in environmental

impacts, including reduced emissions associated with allowing UA for aerial data collection, the

grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully

requests that the FAA grant the requested exemption without delay.

The FAA has issued grants of exemption in circumstances similar in material respects to those

presented in this petition. In Exemptions Nos. 11280, 11279, 11278, 11275, 11273, 11271, 11269,

11267, 11260, 11253, 11250, 11230, 11213, 11112, 11109
11267, 11260, 11253, 11250, 11230, 11213, 11112, 11109

Aircraft and Equivalent Level of Safety

14 C.F.R. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural

requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). 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 UA.

In all cases, an analysis of these criteria demonstrates that the UA 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 UA to be operated hereunder are rotorcraft weighing less than 55 pounds including payload, carries

neither a pilot nor passenger. Carries no explosive materials or flammable liquid fuels, and operates

exclusively within visual line of sight of the pilot in command (PIC) and a visual observer (VO). They

operate at a speed of less than 50 knots and have the capability to hover and move in the vertical and

horizontal plane simultaneously within a predetermined and protected flight area as described below.

Such operations will insure that the UASs will not create a hazard to the users of the national airspace

system. 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 safety

requirements, to provide security for the area of operation. The FAA will have advance notice of all

operations. 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 UA, 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.

The Secretary of Transportation has previously determined that these aircraft meets the conditions of

Section 333. Therefore, the FAA has found that request of relief from 14 CFR part 21, and any

associated noise certification and testing requirements of part 36, is not necessary. This has been stated

in exemptions to this regulation in Exemptions Nos. 11280, 11279, 11278, 11275, 11273, 11271, 11269,

11267, 11260, 11253, 11250 and 11230

The applicant proposes that the exemption requested herein apply to aircraft that have the characteristics

and that operate with the limitations listed herein. These limitations provide for at least an equivalent or

even higher level of safety to operations under the current regulatory structure.

These limitations and conditions to which the operator agrees to be bound when conducting commercial

operations under an FAA issued exemption include:

1. The UA; DJI Phantom 2, DJI Phantom Vision+ and DJI S1000+ will weigh less than 55 pounds

including payload. Proposed operations of any other aircraft will require a new petition or a petition

to amend the exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not permitted.

3. The UA will not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption

holder may use either groundspeed or calibrated airspeed to determine compliance

with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater

than the maximum UA operating airspeed recommended by the aircraft manufacturer.
than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL).

Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This

requires the PIC to be able to use human vision unaided by any device other than corrective lenses,

as specified on the PIC’s FAA-issued airman medical certificate or U.S. driver’s license

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line

of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS

requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to

communicate verbally at all times; electronic messaging or texting is not permitted during flight

operations. The PIC must be designated before the flight and cannot transfer his or her designation

for the duration of the flight. The PIC must ensure that the VO can perform the duties required of

the VO.

7. The exemption and all documents needed to operate the UAS and conduct its operations in

accordance with the conditions and limitations stated in the grant of exemption, are hereinafter

referred to as the operating documents. The operating documents must be accessible during UAS

operations and made available to the Administrator upon request. If a discrepancy exists between

the conditions and limitations in the exemption and the procedures outlined in the operating

documents, the conditions and limitations therein take precedence and must be followed. Otherwise,

the operator must follow the procedures as outlined in its operating documents. The operator may

update or revise its operating documents. It is the operator’s responsibility to track such revisions

and present updated and revised documents to the Administrator or any law enforcement official

upon request. The operator must also present updated and revised documents if it petitions for

extension or amendment to the grant of exemption. If the operator determines that any update or

revision would affect the basis upon which the FAA granted the exemption, then the operator must

petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80)

may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone 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

prior to conducting further operations under this exemption. Functional test flights may only be

conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional

test flight must be conducted in such a manner so as to not pose an undue hazard to persons and

property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition

for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a

condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment. If the inspection reveals a condition that affects the

safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance

has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection,

and life limit requirements for the aircraft and aircraft components.
12. Each UAS operated under the exemption must comply with all manufacturer safety bulletins.

13. A PIC must hold either an airline transport, commercial, private, recreational, or sport pilot

certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s

license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the

Federal government. The PIC must also meet the flight review requirements specified in 14 CFR §

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely

operate the UAS in a manner consistent with how the UAS will be operated under this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from persons,

vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a

manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs

and VOs (training, proficiency, and experience- building) and determining the PIC’s ability to safely

operate the UAS in a manner consistent with how the UAS will be operated under this exemption

are permitted under the terms of the exemption. However, training operations may only be

conducted during dedicated training sessions. During training, proficiency, and experience-building

flights, all persons not essential for flight operations are considered nonparticipants, and the PIC

must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR §

91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must

be conducted under visual meteorological conditions (VMC). Flights under special visual flight

rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in

the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the

center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a

letter of agreement with that airport’s management is obtained or otherwise permitted by a COA

issued to the exemption holder. The letter of agreement with the airport management must be made

available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a

cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined

location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather

conditions) there is enough available power for the UA to conduct the intended operation and to

operate after that for at least five minutes or with the reserve power recommended by the

manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall

be conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new

or amended COA if it intends to conduct operations that cannot be conducted under the terms of the

attached COA.

22. All aircraft operated in accordance with the exemption must be identified by serial number,
22. All aircraft operated in accordance with the exemption must be identified by serial number,

registered in accordance with 14 CFR part 47, and have identification (N- 6 Number) markings in

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any

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 operating. These documents must be made

available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons,

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from

the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating

persons remain under such protection. If a situation arises where nonparticipating persons leave

such protection and are within 500 feet of the UA, flight operations must cease immediately in a

manner ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating

closer to those objects and the PIC has made a safety assessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating

persons under the exemption.

27. All operations shall be conducted over private or controlled-access property with permission

from the property owner/controller or authorized representative. Permission from property

owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries

of the operational area as defined by the applicable COA must be reported to the FAA's UAS

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov.

Unless otherwise specified in the grant of exemption, the UAS, the UAS PIC, and the UAS operations

must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

14 CFR § 61.23 (a) & (c): Medical certificates: Requirements and duration.

This regulation sets forth medical certificate requirements for pilots-in-command of aircraft in that a

holder must have a first-class medical certificate when exercising the PIC privileges of an airline

transport pilot certificate. Furthermore, the requirement states that the PIC must hold at least a secondclass medical certificate when exercising PIC privileges of a commercial pilot certificate, or must hold at
class medical certificate when exercising PIC privileges of a commercial pilot certificate, or must hold at

least a third-class medical certificate when exercising PIC privileges of a private pilot certificate,

recreational pilot certificate, or flight instructor certificate. It also states that a person must hold and

possess either a medical certificate issued under § 61.67 or a U.S. driver's license when exercising the

privileges of a PIC of a sport pilot certificate in a light-sport aircraft other than a glider or balloon.

The FAA is granting relief from § 61.23(a) to allow any pilot that holds one of the pilot’s certificates

(discussed above) to operate a UAS with a U.S. issued driver’s license, in lieu of an FAA-issued medical

certificate. The FAA is also granting relief from § 61.23(c) to allow sport pilot certificate holders to

operate aircraft other than LSA with a U.S. issued driver’s license. The FAA has issued the following

exemptions to this regulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253,

11252, 11240 and 11230.

14 CFR § 61.101 (e) (4) & (5): Recreational pilot privileges and limitations.

This section limits recreational pilots to non-commercial operations and that they may not act as pilot in

command of a recreational aircraft for compensation or hire, or in the furtherance of a business. Unlike a

conventional aircraft that carries the pilot and passengers, the UA is remotely controlled with no living

thing on board. The area of operation will be predetermined and in a protected flight area under the

permission of the property representative, and all flights are planned and coordinated in advance. The

FAA has issued the following exemptions to this regulation: Exemption Nos.11278, 11275, 11269,

11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 CFR § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command.

This section limits private pilots to non-commercial operations and that they may not act as pilot in

command of an aircraft that is carrying passengers or property for compensation or hire. Unlike a

conventional aircraft that carries the pilot and passengers, the UA is remotely controlled with no living

thing on board. The area of operation will be predetermined and in a protected flight area under the

permission of the property representative, and all flights are planned and coordinated in advance. The

FAA has issued the following exemptions to this regulation: Exemption Nos.11278, 11275, 11269,

11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 CFR § 61.315 (a): What are the privileges and limits of my sport pilot certificate?

This section limits sport pilots to non-commercial operations and that they may not act as pilot in

command of an aircraft that is carrying passengers or property for compensation or hire, or in the

furtherance of a business. They also may not carry more than one passenger, fly at night, and under other

restrictions that are outside of the scope of intended flights of the UA. Unlike a conventional aircraft that

carries the pilot and passengers, the UA is remotely controlled with no living thing on board. The area of

operation will be predetermined and in a protected flight area under the permission of the property

representative, and all flights are planned and coordinated in advance. The FAA has issued the following

exemptions to this regulation: Exemption Nos.11278, 11275, 11269, 11267, 11260, 11256, 11253,

11252, 11240 and 11230.

14 CFR § 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 of the aircraft for

maintenance and use of preflight actions as prescribed by the aircraft’s manufacturer prior to each flight,
maintenance and use of preflight actions as prescribed by the aircraft’s manufacturer prior to each flight,

and given the FAA’s prior approval of the same types of aircraft to be used in previous exemptions to

this requirement (as set forth in Exemptions Nos. 11278, 11275, 11267, 11260, 11253 and 11230) we

believe we can maintain a high standard of safety and due regard as to the aircraft’s airworthiness during

flight

operations. The FAA has issued the following exemptions to this regulation: Exemption Nos.11278,

11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 CFR § 91.119 (c): 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 UAS that are rotorcraft and the exemption requests authority to operate at altitudes up to 400 feet

AGL, an exemption may be needed to allow such operations. As set forth herein, the UA will never

operate at higher than 400 feet AGL, will always be operated under VLOS of both the PIC and VO, its

area of operation will be predetermined and in a protected flight area under the permission of the

property representative, all flights are planned and coordinated in advance and the UA will remain clear

of, and give way to all manned aviation operations and activities at all times.

The equivalent level of safety will be achieved given the size, weight, speed of the UA as well as the

location where it is operated and under the conditions previously stated. Compared to flight operations

with aircraft or rotorcraft weighting far more than the maximum 55pounds 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 feet AGL. In addition, the low-altitude operations

of the UA will ensure separation between these small- UAS operations and the operations of

conventional aircraft that must comply with Section 91.119. The FAA has issued the following

exemptions to this regulation: Exemptions Nos. 11278, 11275, 11269, 11267, 11260, 11256, 11253,

11252, 11240 and 11230.

14 CFR § 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 UA 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 manufacturer’s published procedures and live flight data monitoring, confirming the

altitude of the launch site shown on the GPS altitude indicator before flight. In the event that the GPS

altitude read out system becomes none functional during flight, the UA will also have a pre-programmed

maximum flight limit of 400 feet programmed into them so that they may not fly above unapproved

altitude limits. The FAA has issued the following exemptions to this regulation: Exemptions Nos. 11278,

11275, 11269, 11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 CFR § 91.151(a) (1): 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 LiPo battery powering the DJI Phantom 2 & DJI Phantom 3 UA provides approximately 20 minutes

of powered flight while the LiPo battery powering the DJI Inspire 1 provides approximately 30 minutes
of powered flight while the LiPo battery powering the DJI Inspire 1 provides approximately 30 minutes

of flight. The PIC will not begin a flight unless there is enough available power for the UA to conduct

the intended operation and to operate after that for at least five minutes or with the reserve power

recommended by the manufacturer if greater.

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

exemptions, and that flight 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. Similar

exemptions have been granted to other operations, including Exemptions Nos. 11278, 11275, 11269,

11267, 11260, 11256, 11253, 11252, 11240 and 11230.

14 CFR § 91.405 (a); 407 (a) (1); 409 (a) (1) & (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 sections and

Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the

applicant.

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 UA can land immediately and will be operating from no higher than 400 feet AGL and

within VLOS of the PIC and VO. Prior to each flight, the PIC must conduct a pre-flight inspection and

determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all

potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a

condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the

necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The

operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life

limit requirements for the aircraft and aircraft components. The FAA has issued the following

exemptions to this regulation: Exemptions Nos. 11278, 11275, 11269, 11267, 11260, 11256, 11253,

11252, 11240 and 11230.

Privacy

All flights will occur over private or controlled access property with the property representative or

owner’s prior consent and knowledge. Filming will be of people who have also consented to being

filmed or otherwise have agreed to be in the area where filming will take place.

All flights will occur in accordance with any state or local laws regarding privacy.

Additional Views, Information & Summary

As a public benefit VizionAir, LLC. will advance:

-Research into future safety guidelines for the use of UAS,

-Reduction in dangers by limiting the use of larger rotorcraft or fixed-wing aircraft,

-Reducing carbon emissions, &

-Advancement of science through advanced data collection

*********
*********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register,

should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 CFR 61.23(a) & (c); 14 CFR 61.101 (e) (4) & (5); 14 CFR 61.113 (a); 14 CFR 61.315 (a); 14 CFR

91.7 (a); 14 CFR 91.119 (c); 14 CFR 91.121; 14 CFR 91.151 (a) (1); 14 CFR 91.405 (a); 14 CFR 91.407

(a) (1); 14 CFR 91.409 (a) (1) & (2) and 14 CFR 91.417 (a) & (b) to operate commercially a small

unmanned vehicle (55pounds or less) for the purpose of aerial surveying, mapping and data collection;

remote sensing; educational and research operations; wildlife and forestry monitoring; aid in disaster

and emergency management and monitoring, civil first response, communications relay, search and

rescue, monitoring fire hazards, cleanup effort supervision, damage assessment and estimation; aid civil

engineering: waterways and shipping, forestry, fishery protection, pollution control and air sampling and

crop performance; railroad and motor-vehicle road inspection; telecommunications infrastructure

inspection; utility, energy systems and electrical engineering inspections and asset management;

agricultural surveying and produce field management; livestock management and accountability;

unmanned aircraft flight school; aerial filmmaking and photography; construction site inspections and

monitoring; oil and gas pipeline inspection/patrolling and oil-field inspection; real estate and marketing;

aerial event security, surveillance and crowd management and aerial imagery evidence for property

insurance claims.

Approval of exemptions allowing commercial operations of UA in the listed industries will enhance

safety by reducing risk. Conventional flight operations using jet, piston or multi-engine powered aircraft

occasionally operate at extremely low altitudes to complete some of the requested uses and in extreme

proximity to people and structures. This presents associated risks as these vehicles weigh in excess of

3,000 pounds and carry large amounts of jet A or other fuel. Such aircraft must fly to and from the

mission location. In contrast, a UA weighing fewer than 55 pounds, powered by batteries, virtually

eliminates all of the above risks given the UA’s reduced mass and lack of combustible fuel carried on

board. The UA is carried to the mission site. The UA will carry no passengers or crew, therefore, the UA

will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 pounds, conducted in the strict conditions outlined

above, will provide an equivalent level of safety supporting the grant of the exemptions requested

herein, including exempting the applicant from the requirements of Part 21 and allowing commercial

operations. These lightweight aircraft operate at slow speeds, close to the ground but under 400 feet

AGL, and within visual line of sight of the pilot in command and a visual observer. As a result, the small

UASs are far safer than conventional flight operations conducted with large manned aircraft.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed,

operating capabilities, proximity to airports and populated areas, operation within visual line of sight,

national security and the significant public benefit as well as the positive economic impacts – provide

more than adequate justification for the grant of the requested exemptions allowing commercial

operation of applicant’s UA. Granting Unmanned Services Inc. the above exemptions will allow for the

expansion of UAS systems into the future, in a professional, safety conscious culture steeped in the

tradition of Aviation. Unmanned Services Inc. respectfully requests that the FAA grant its exception

without delay. The FAA has the authority to issue the exemption sought by Unmanned Services Inc.

pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely,

Andrew B. Duffin
Andrew B. Duffin

VizionAir, LLC. President