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 W ashington 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 9 1.121; 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 commerci al operation of a small UAS, so long as such operations are conducted within and under the conditi ons 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 equ ipped with cameras and sensors, would operate in the following manner:
1. Aerial photography and/or video for public and/or pri vate use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photography for public and/or private u se 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 wit h 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 t he operation of small UAS under controlled conditions in the NAS that would be a) limited b) controll ed c) predetermined and d) will provide safety enhancements to the already safe operations in the indust ry presently using conventional aircraft. Approval of this exemption would thereby enhance safe ty and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to " .... esta blish 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 CF R 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 l bs. 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 simultaneousl y. 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 p rovided 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 envi ronmental impacts, including but not l imited 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 EQU IVALENT 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 agre es to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flig ht Operations Manual (FOM) include:
1. The sma ll UAS will weigh less than 55 l bs. 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 th an 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 inc lude 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 invol ved 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. W ith 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 procedura l 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 exempti on 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 po pulated 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 o r rotorcraft) operating with an airworthiness certificate without the restrictions and conditions propose d. The small UAS to be operated hereu nder is less than 55 l bs. Fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fue ls, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tigh tly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requireme nts. 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 operati on, 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: Wh en marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

-sport categ ory 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 n or 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 o n which the word "Experimental" can be placed. Given the size of the small UAS, two

- inch letteri ng 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 a s required by §45.29 (f) where the pilot, observer and others working with the small UAS will see the ide ntification of the small UAS as "Experimental." **14 C.F.R. § 61.113(a): Private Pilot Privileges and Limit ations: Pilot in Command.**  Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot ce rtificate may act as a pilot in command of an aircraft that is carrying passengers or property for comp ensation or hire. Our small UAS do not carry any pilots o r passengers nor property therefore I am seekin g an exemption to 14 CFR 61.113(a). Although helpful, a pilot's license will not ensure remote con trol piloting skills. The risks attendant to the operation of small UAS is far less than the risk levels inhere nt 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 Airw orthiness.**  The regulation requires that no person may operate a civil aircraft unless i t is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, shoul d 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 equ ivalent level of safety will be provided. **14 C.F.R. § 91.9 (b) (2): Civil A ircraft Flight Manual in the Aircraft.**  Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil a ircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapte r, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Ma nual, approved manual material, markings, and placards, or any combination thereof. The small UAS, given its size and configuration has no ability or place tocarry such a flight manual on the aircraft, not on ly because there is no pilot on board, but beca use 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 provide d for the aircraft an exemption will be ne eded. The OPERATOR will take all actions including reviewin g 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 tha t no person may operate a civil aircraft (except a manned fre e balloon) that is being used for flight instruction unless that aircraft has fully functioni ng dual controls. Small UAS and remotely piloted aircraft, by their design do not have fully functiona l d ual controls. Flight control is accomplished through the use of a control box that communica tes with the aircraft via radio communications. The FAA has approved exemptions for flight trainin g 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 Alti tudes.**  Section 91.119 establishes safe altitudes for operation of civil airc raft. 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 U AS will never operate at higher than 400 AGL with the exception that in circumstances where th e small UAS is used to surveyor photograph a structure whose height exceeds 400 feet AGL, the smal l UAS will not be operated more than 100' above the highest point on the structure. It will however be ope rated 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 n otice 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 th ese operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

altitude operations of the small UAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that m ust comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising al titude by reference to an altimeter that is set " ... 

### to the elevation of the departure airport or a n 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 al titude 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 a n airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fu el 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 m inute 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 i ts prop osed operations within a predetermined area, a longer time frame for flight in daylight or twiligh t 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 all eviategiven 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 eq uivalent 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 regulat ion 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 §9 1.715 is displayed at the cabin or cockpit entrance so that it is l egible to passengers or crew. The small UAS fully loaded weighs no more than 55 l bs. 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 docume nts 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 th at aircraft inspected as prescribed in subpart E of this part and shall between required ins pections, 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 4 3. 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 be cause 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 w ill be operating from no higher than 400 feet AGL. The operator will ensure that the small UAS is in wo rking order prior to initiating flight, perform required maintenance, and keep a log of any maintenance p erformed. Moreover, the operator is the person most familiar with the aircraft and best su ited 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 i nspections 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 U AS is in working order prior to initiating flight and perform required maintenance needed.

**Small UA S Information**  Small UAS's to be u sed 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 We ight (Battery & Propellers Included)

-2.821Ibs. Hover Accuracy

- Vertical: +/

- .33ft (when Vision Posi tioning is active) or +/

- 1.64ft Horizontal: +/

- 4.9 ft Max Yaw Angular Velocity

-200 0/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 P hantom 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
We ight (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 W ind Speed Resistance 10 m/s Max Flight Time Approximately 18 minutes Motor Mo del 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 Dis tance (outdoor and unobstructed) 2 km EIRP 10dBm@90 0m, 13dBm@5.8G, 20dBm@2.4GConclusion

Thank you for the consideration of these exemptions. Sincerely,

Robert P. Ivers Owner / Operator Velocity Business Solutions