AirView Corp

David Mauer

4168 W Berteau

Chicago, IL 60641 

773 77 -286-3112

dave@airv.co

August 14, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations

Dear Sir or Madam:

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

C.F.R. Part 11, AirView Corp (“AirView”), the operator of Small Unmanned Aircraft Systems (“UAS”), 

including the DJI Phantom 2, seeks an exemption from the Federal Aviation Regulations (“FARs”) listed 

below. AirView seeks exemption from the listed FARs to allow its use of UAS in commercial operations, 

such as insurance claim monitoring, building inspections and security, and structural assessments so long as 

such operations are conducted within and under the conditions outlined herein or as established by the FAA 

in an exemption granted under either Section 333 or Section 49 U.S.C. § 44701(f).

As discussed below, AirView is willing to abide by conditions the FAA has required in issuing recent 

Section 333 exemptions, specifically Exemptions 11109 (Clayco, Inc.) and 11110 (Trimble Navigation 

Ltd.), 11215 (B.E.V. Roof Inspections), 11171 (Asymmetric Technologies), 11188 (State Farm), 11230 

(Montico Inc.) and 11241 (Phoenix Air Unmanned). This agreement on UAS, Inc.’s part and the strong 

similarity of its operations to those approved in Exemptions 11109, 11110, 11215, 11171, 11230 and 11241 

should give the FAA a basis for prompt consideration and processing of this request.

AirView is an information delivery company. It proposes to use a UAS (e.g. DJI Phantom 2) and proprietary 

cloud-based software to collect, process, and analyze aerial data principally for purposes of insurance claim 

monitoring, building inspections and security, and structural assessments. In doing so, AirView will be a 

market leader in a transformative industry by providing high quality and actionable information to users. 

Indeed, use of UAS would contribute to various social good including making insurance claims faster and 

more accurate and reducing risks to humans through safety inspections, property damage assessment and 

enhancing security of properties. 

Regulations from which the exemption is requested: 

14 C.F.R. § 61.113(a) & (b);

14 C.F.R. § 61.133(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.405(a);
14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(2);

14 C.F.R. § 91.417(a) & (b)Extent of relief I seek, and reasons why:

AirView requests an exemption from the following regulations as well as any additional regulations

that may technically apply to the operation of the DJI Phantom 2:

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft

that carries a pilot, passengers, and cargo, the DJI Phantom 2 in this case is remotely controlled with no

passengers or property of others on board. Section 61.133(a) requires an individual with a commercial

pilot’s license to be pilot in command of any aircraft for compensation or hire. AirView respectfully

proposes that operator requirementsshould take into account the characteristics of the particular UAS.

AirView’s DJI Phantom 2 has a high degree of pre-programmed control and various built-in technical

capabilities that strictly limit the potential for operation outside of the operating conditions set forth in the

exemption application.

The DJI Phantom 2 has an autonomous navigation and control system. Flights are pre- programmed

with precision GPS guidance and do not require human intervention. In the case of unplanned events,

the operator can manually intervene to take one of the following actions:

(i) command the aircraft to begin to autonomously return to the recovery area and land; (ii) command the

aircraft to autonomously return to the recovery area where the pilot will assume control and land the

aircraft; or (iii) manually assume control of the aircraft via the hand controller and return the craft to the

recovery area where the operator lands it.

Additional automated safety functions and safety enhancing features of the DJI Phantom 2 include the

following:

Auto-pilot detection of lost GPS or of insufficient satellites initiates a stand-by loiter pattern until

such time as GPS is re-established or the PIC assumes manual control of the aircraft.

Low battery power on the aircraft triggers the landing sequence and the craft will fly to the

recovery area. In the event the ground station reaches a low power state, it will alert the pilot.

If the auto-pilot detects a lost-link to the ground control station for longer than 30 seconds, 

landing procedure begins.

The aircraft, weighing fewer than 6 lbs.

Given these safety features, AirView proposes that operators of the DJI Phantom 2 should not be required

to hold a commercial pilot certification. The risks associated with the operation of the DJI Phantom 2

(given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the

level of risk associated with commercial operations contemplated by Part 61 with conventional aircraft

(fixed wing or rotorcraft) that allowing operations of the UAS as set forth above meets or exceeds the

present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of

requiring a commercial pilot to operate the aircraft under § 61.133(a).

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing 

operation of the DJI Phantom 2 with a private pilot’s certificate, under the conditions set forth in the

exemption request. The FAA has granted exemptions to conduct similar operations in Exemptions

11062 through 11067, 11080, 11109, and 11110.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.
This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.

Should the exemption be granted allowing commercial operation of the DJI Phantom 2 without an

airworthiness certificate, no standard will exist for airworthiness of the DJI Phantom 2. Given the size of

the aircraft and the requirements that the operator has agreed to as relates to airworthiness, as set forth in

the attached manuals, an equivalent level of safety will be achieved by ensuring compliance with the

AirView manuals prior to each flight. The FAA has granted exemptions to conduct similar operations in

Exemptions 11062 through 11067, 11080, 11109, and11110.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to 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 closer than

500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the DJI Phantom 2 will never operate at higher than 400 feet AGL. It will, however,

be operated to avoid congested or populated areas that are depicted in yellow on VFR sectional charts.

Because aerial survey work must be accomplished at relatively low altitudes and at altitudes less than 500

feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with which the

DJI Phantom 2 is built. Also, no flight will be taken without the permission of the landowner or those

who control the land as well as local officials. Because of advance notice to the landowner, all affected

individuals will be aware of the survey flights. Compared to aerial survey operations conducted with

aircraft or rotorcraft weighing far more than 5.5 lbs. and carrying flammable fuel, any risk associated with

these operations will be far less than the risks currently posed by conventional aircraft operating at or

below 500 feet AGL. Indeed, the low-altitude operations of the UAS will maintain separation between

these small-UAS operations and the operations of conventional aircraft that must comply with Section

91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through

11067, 11080, and 1110.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

Section 91.405(a) requires 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 . . . .” 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an

annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner or

operator to keep records showing certain maintenance work that has been accomplished by certificated

mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

Maintenance of the DJI Phantom 2 will be accomplished by the owner/operator pursuant to the manuals

attached as confidential exhibits. An equivalent level of safety will be achieved because the UAS is small

in size, will carry a small payload, will operation only in restricted predetermined areas and is not a

complex mechanical device. As provided in the attached manuals, the operator will ensure that the UAS is

in working order prior to initiating flight, perform required maintenance, and keep a log of any

maintenance that is performed; moreover, the operator is the person most familiar with the aircraft and is

best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety.

The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080,

11109, 11110, and 11112.

.

AirView is seeking relief from all FARs above preventing applicant from conducting aerial imaging at levels 

less than 400ft and at speeds well under 100mph, and with a maximum flight time of 25 minutes,. The UAS

to be used are DJI Phantom 2 and other models which are all below 55 pounds weight to include imaging or 
sensing equipment. These UAS meet the definition of "small unmanned aircraft" found in section 331 "The 

Reform Act". In order to obtain high quality photography and video the UAS will be used at speeds much 

less than its top speed. Due to the UAS being battery powered there are no combustible fuels on board. 

Maximum flight time for these particular UAS is a 25 minutes battery life and flights will be terminated 

within 25% of battery life remaining. Given the size, weight, speed, and limited operating area associated 

with the aircraft to be utilized AirView finds this exception to be reasonable with an equivalent, or greater, 

level of safety to be reached by the operator.

Safety:

1) AirView does not operate within 5 miles of an airport unless prior contact to Air Traffic Control or the 

airport manager has been made and authorized

2) AirView will pilot the UAS through remote control by line of sight 

3) The AirView UAS uses GPS and a flight safety feature whereby it returns to a pre-programmed 

position and then slowly lands if communication with the remote control pilot is lost. 

4) AirView actively analyzes flight data and other sources of information to constantly update and 

enhance safety protocols. 

5) AirView conducts extensive pre-flight inspections during which safety carries primary importance. 

6) AirView always obtain all necessary permissions prior to operation. 

7) AirView has procedures in place to abort flights in the event of safety breaches or potential danger and or 

inclement weather. 

Public Interest

The use of a UAS in the insurance industry provides both insurance companies and customers a higher level 

of service. For the insurance company, the use of the UAS will expedite the claims process and provide 

better information relating to claims. For the customer, claims can be processed more quickly and 

accurately. 

The use of a UAS for building security and structural assessments or inspections provides benefit to 

building owners and also to people that live in and near the building. Data provided by AirView will 

enhance the level of safety for people living in or near the building by highlighting potentially dangerous

situations. 

Use of a UAS for these instances benefits the general public because it is much more efficient and safer than 

traditional ways of using a plane or helicopter to achieve the same result. We can now provide this level of 

service while being conservative with fuel, time, emissions, noise, and other resources. Considering size, 

weight, speed, and absence of combustible fuels, the UAS will pose much less of a safety concern for the 

general public when compared to larger manned aircraft.

Sincerely,

David Mauer