Robert P. Ivers

Velocity Business Solutions

9064 Terwilligers Ridge Drive

Cincinnati, OH 45249

September 25, 2015

U.S. Department of Transportation

Docket Management System 1200

New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14

CFR 91.9(b) (2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 

CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(l) and (2); 14 CFR

91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Robert P. 

Ivers, owner of Velocity Business Solutions (VBS), hereby applies for an exemption from the listed Federal 

Aviation Regulations to allow commercial operation of a small UAS, so long as such operations are conducted 

within and under the conditions outlined herein or as my be established by the FAA as required by Section 333, 

for all operators of small Unmanned Aerial Systems (UAS) working for VBS.

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would 

operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land 

surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public events, and 

cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with the owners or 

local government authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue operations in 

cases of an emergency or natural disaster only when the local authorities or government has 

requested it by contract or donation.

As described fully below, the requested exemption would permit the operation of small UAS under controlled 

conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety 

enhancements to the already safe operations in the industry presently using conventional aircraft. 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."

The name, phone, email and address of the applicant:

Name: Velocity Business Solutions, dba Scene From Above

Phone: (513) 218-0312

Email: rivers@velocitybiz.com

Address: 9064 Terwilligers Ridge Drive

Cincinnati, OH 45249

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)
14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

The small UAS's I will be using are multi-rotor craft weighing no more than 55 lbs. including payload.

Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the ability hover 

and move along a vertical and horizontal plane simultaneously. They will operate in line of sight only and by the 

exempted persons only obeying all other local and federal laws.

Given the small size of the small UAS and the controlled environment provided the proposed operations will 

adhere to the Reform Act's safety requirements. The approval of this application presents no national security 

issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in 

environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested 

exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested 

exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further 

enhance the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial 

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The small UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% 

battery power reserve or 30 minutes of flight time whichever occurs first.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not 

more than 200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the Visual 

Observer (VO) when needed and may include but not limited to a Camera Operator.

6. A briefing will be performed regarding the planned small UAS operations prior to each day's flight 

consisting of all the days' production activities.

7. The PIC will obtain verbal/written consent of all persons involved with the planned operation and 

ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the 

radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required 

under the FOM. With the advanced permission or direction of the FSDO, operations at closer range 

may be approved.

8. The PIC and VO will have been trained in operation of small UAS and receive up-to-date information 

for the particular small UAS to be operated and will be able to show upon request their competent 

ability to operate the small UAS and/or Camera.

9. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

10. Written and/or verbal permission and permits will be obtained from territorial, state, county or city 

jurisdictions, including law enforcement, fire or other appropriate governmental agencies when 

needed.

11. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability to 

return to a pre-determined location within a designated location and land autonomously.

12. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies.
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The

Federal Aviation Act (49 U.s.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the particular small UAS. In all 

cases, an analysis of these criteria demonstrates that the small 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 small UAS to be operated hereunder is less than 55 lbs. Fully loaded, 

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

exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by both the operator and under the requirements and in compliance with 

local public safety requirements. 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 small 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 small UAS will have no airworthiness certificate, an exemption may be needed as the small 

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 small UAS, 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 small UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working 

with the small UAS will see the identification of the small UAS as "Experimental."

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

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command of 

an aircraft that is carrying passengers or property for compensation or hire. Our small UAS do not carry any 

pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, 

a pilot's license will not ensure remote control piloting skills. The risks attendant to the operation of small UAS 

is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation 

and limitations set forth in the FOM will equate to the safe operation of the small UAS.

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 of the aircraft for maintenance and use of 

safety checklists prior to each flight an equivalent level of safety will be provided.

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 small UAS, given its size and configuration has no ability or place to 
carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by 

keeping the flight manual at the ground control point where the pilot flying the small UAS will have immediate 

access to it.

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. 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. Small UAS and remotely piloted 

aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use 

of a control box that communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. The equivalent level of safety 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.

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 small UAS that is a 

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 

above an elevated platform from which filming is planned, an exemption may be needed to allow such 

operations. As set forth herein, the small UAS will never operate at higher than 400 AGL with the exception that 

in circumstances where the small UAS is used to surveyor photograph a structure whose height exceeds 400 

feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. It will 

however be operated in a restricted area with security perimeter, where buildings and people will not be 

exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given

the size, weight, speed of the small UAS as well as the location where it is operated. No flight will be taken 

without the permission of the property owner or local officials. Because of the advance notice to the property 

owner and participants in the filming activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 

551bs. 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 addition, the lowaltitude operations of the small UAS 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 small UAS 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 

safety check list and live flight data monitoring, 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 - (i) 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 small UAS provides approximately

30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights 

would be limited to approximately 10 minutes in length. Given the limitations on the small 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 twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151{a) 

falls within the scope of prior exemptions. 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 small UAS 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 small UAS to its planned landing zone from anywhere in 

its limited operating area. 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 small 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 small UAS.

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

the pilot flying the small UAS will have immediate access to them; to the extent they are applicable to the small 

UAS.

14 C.F.R. §91.40S (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. 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 small UAS can land immediately and 

will be operating from no higher than 400 feet AGL. The operator will ensure that the small UAS is in working 

order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual 

(AOM). As provided in the FOM, the operator will ensure that the small UAS is in working order prior to initiating 

flight and perform required maintenance needed.

Small UAS Information

Small UAS's to be used are as follows but not limited to providing they are within the scope of the

exemption granted by the FAA:

1. DJI Phantom Vision 2 + and Phantom 3

Weight (Battery & Propellers Included) -2.821Ibs.

Hover Accuracy - Vertical: +/- .33ft (when Vision Positioning is active) or +/- 1.64ft

Horizontal: +/- 4.9 ft

Max Yaw Angular Velocity -2000/s

Max Tilt Angel -35°

Max Ascent Speed -16 ftls

Max Descent Speed - 9 ft/s

Max Flight Speed -36mph

DJI Phantom Battery

o DJI 4480mAH LiPo Battery

DJI Phantom Gimbal

Controllable Range- Pitch -90 degrees to +30 degrees

Stabilization - 3-axis (pitch, roll, yaw)
DJI Phantom Camera

o Operating Temperature Range -32°F -104°F

o Sensor Size -1/2.3 in.

o Effective Pixels -14M

o Resolution -4384x3288

o HD Video Recording

• UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

• FHD: 1920x1080p 24/25/30/48/50/60

• HD: 1280xnOp 24/25/30/48/50/60

o Recording Field of View -110°/85°

DJI Phantom Transmitter

o Operating Frequency -2.400GHz -2.483GHz

o Communication Distance (unobstructed) -FCC Compliance: 2400 ft

o Receiver Sensitivity (1%PER) -101dbm +/- 2dbm

o Transmitter Power -FCC Compliance: 20dbm CE: 16dbm

2. DJI Inspire 1 Model T600

Weight (Battery Included) 2935 g

Hovering Accuracy (GPS mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle 35°

Max Ascent Speed 5 m/s

Max Descent Speed 4 m/s

Max Speed 22 m/s (ATTI mode, no wind)

Max Flight Altitude 4500 m

Max Wind Speed Resistance 10 m/s

Max Flight Time Approximately 18 minutes

Motor Model DJI 3510

Propeller Model DJI 1345

Operating Temperature Range -10° to 40° C

Diagonal Distance 559 to 581 mm

Dimensions 438x451x301 mm

Power Spectral Density 9.06mW/MHz

Gimbal 

Model ZENMUSE X3

Operating Current Station: 750 mA Motion: 900 mA

Angular Vibration Range ±0.03°

Mounting Detachable

Controllable Range Pitch: -90° to +30° Pan: ±320°

Mechanical Range Pitch: -125° to +45° Pan: ±330°

Max Controllable Speed Pitch: 120°/s Pan: 180°/s

Camera 

Name X3

Model FC350

Total Pixels 12.76M

Effective Pixels 12.4M

Image Max Size 4000x3000

ISO Range 100-3200 (video)100-1600 (photo)

Remote Controller 

Name C1

Operating Frequency 922.7~927.7 MHz (Japan Only) 5.725~5.825 GHz 2.400~2.483 GHz

Transmitting Distance (outdoor and unobstructed) 2 km

EIRP 10dBm@900m, 13dBm@5.8G, 20dBm@2.4G
Conclusion

Thank you for the consideration of these exemptions.

Sincerely,

Robert P. Ivers

Owner / Operator

Velocity Business Solutions