September 24, 2015

Exemption No. 12982

Regulatory Docket No. FAA−2015−2097

Mr. Emory Peterson-Nestaval

President

Venture Capital LLC

2486 Burtin Drive

Sparks, NV 89436

Dear Mr. Peterson-Nestaval:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated March 16, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Venture Capital LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct flight 

training1, agriculture, education, real estate photography, and videography, film and movie 

production, and demonstration flights.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

 

1 The petitioner requested authority to conduct UAS training. At this time, the FAA is unable to authorize UAS 

operations for training until a further assessment is completed. When the FAA completes its review, we will 

proceed accordingly and no further action will be required by the petitioner. However, the petitioner is permitted 

to train its own pilot in commands and visual observers in accordance with condition no. 14 and the other 

conditions and limitations in this exemption.
2

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 3 and DJI Inspire 1.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection2and closed set motion picture and 

filming. The FAA has issued grants of exemption in circumstances similar in all material 

respects to those presented in your petition. In Grants of Exemption Nos. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 

11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), the FAA found that the 

enhanced safety achieved using an unmanned aircraft (UA) with the specifications described 

by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA 

good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Venture Capital LLC is granted an exemption from 

 

2 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection 

and closed set motion picture and filming. This exemption is subject to the conditions and 

limitations listed below.

Conditions and Limitations

In this grant of exemption, Venture Capital LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 and 

DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

permitted. 

3. The UA may 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.

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.
4

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this 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 this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein 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 this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this 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 this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 
5

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, 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 this 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 

pre-determined 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.
6

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 this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−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 this 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 
7

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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this 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.
8

This exemption terminates on October 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Original Submission December 12, 2014

Resubmitted March 16, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Petition of Venture Capital LLC. for Exemption Pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012.

To Whom It May Concern:

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

Part 11, Venture Capital LLC. (VC), hereby applies for an exemption from Federal

Aviation Regulations (FARs) identified below, to allow commercial operations of small

unmanned aerial system (i.e., sUAS).

This exemption is in accordance with protocols outlined in this petition for exemption,

the enclosed UAS manufacturer's operations and/or instructions manual, UAS User’s Manuals, UAS

Quick Start Guides, and any other requirements established by the FAA pursuant to

Section 333 of the Reform Act.

This exemption would permit commercial operation by VC, which uses all versions of

Phantom 3, and Inspire 1 to conduct sUAS flight training, agriculture, education, real estate

photography, and videography, film and movie production, and demonstration flights.

VC’s operation under the exemption will be subject to strict operating requirements

and conditions to ensure an equivalent level of safety to currently authorized operations

using manned aircraft and under conditions as may be modified by the FAA as required

by Section 333.2

VC will be operated under controlled VFR conditions at low altitude in airspace that

is permitted in accordance with VC’s approved Certificate of Authorization (COA).

They will operate the sUAS’s with pilots who are current and qualified with a FAA

Pilot Certificate and only after completing VC’s training program. Finally, the FAA

ATC will approve the airspace in which the sUAS will operate in advance.

Venture Capital LLC respectfully submits this request for an exemption because it

operates sUASs. The FAA can have confidence that the operations will be

conducted at an equivalent level or greater level of safety than fixed wing aircraft. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA

Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish

requirements for the safe operation of such aircraft systems in the national airspace

system.”

VC will be operated under controlled VFR conditions at low altitude in airspace that

is permitted in accordance with VC’s approved Certificate of Authorization (COA).

They will operate the sUAS’s with pilots only after completing VC’s training program. Finally, the 

FAA ATC will approve the airspace in which the sUAS will operate in advance.

Venture Capital LLC respectfully submits this request for an exemption because it

operates sUASs. The FAA can have confidence that the operations will be

conducted at an equivalent level or greater level of safety than fixed wing aircraft. Approval of this 
exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA

Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish

requirements for the safe operation of such aircraft systems in the national airspace

system.”

For your convenience, VC has organized this Exemption request as follows:

I. Petitioner's Description

II. Relevant Statutory Authority

III.Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII. Federal Registry Summary

IX.Conclusion

I. Petitioner's Description:

Venture Capital LLC., headquartered in Reno, Nevada, is a company that

provides sUAS flight training, support to news services, real estate photography, film

and movie production, education, and demonstration flights in a compliant and safe

environment. VC plans on providing a wide range of services as the sUAS market

The management at VC has 2 years experience operating sUAS’s. The President has 5 years working 

video production and understands the requirements to integrate the sUAS into the movie sets.

VC's goal is to operate in an accident-free environment by:

● Demonstrating a commitment by management and all employee’s to

operator in a compliant manner.

● Identify hazard and risk while eliminating or controlling all these risk.

They will use steps to intervene and report when unsafe work practices

appear to exist.

● Train all employees involved in flight operations to operate at the

highest standard level.

The contact information for Petitioner is as follows:
Venture Capital LLC.

5458 Longley Lane Suite 100A

Reno, NV 89511

Emory Peterson-Nestaval, President

Cell: 775-846-0389

II. Relevant Statutory Authority:

This petition for exemption is submitted to fulfill Congress' goal in passing Section

333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely

accelerate the integration of civil unmanned aircraft systems into the national airspace

system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to

consider whether certain unmanned aircraft systems may operate safely in the National Airspace 

("NAS") before completion of the formal UAS rulemaking, based on the

following considerations:

• The UAS's size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas;

and

• Operation of the UAS within the visual line of sight of the operator.3

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".

Additionally, the FAA Administrator has general authority to grant exemptions from its

safety regulations and minimum standards when the Administrator decides a requested

exemption is in the public interest. A party requesting an exemption must explain the

reasons why the exemption: (1) would benefit the public as a whole, and (2) would not

adversely affect safety (or how it would provide a level of safety at least equal to the

existing rules).

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, from the requirement that all civil aircraft must have a

current airworthiness certificate and those regulations requiring commercial pilots to

operate aircraft in commercial service:

The Administrator may grant an exemption from a requirement

of a regulation prescribed under subsection (a) or (b) of this

section or any of sections.

III.Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval

under Section 333 of the Reform Act. Each of the statutory criteria and other relevant
factors are satisfied.

The proposed operations would permit VC the use of small UAS under controlled

conditions in airspace that is: (1) predetermined; (2) controlled as to access; and that

(3) provides an Increased level of safety beyond that existing when fixed or rotor wing

aircraft are used to accomplish the same purpose.

_________________________

3 VC’s submission places a duty on the Administrator to not only process applications for exemptions under

Section 333, but for the Administrator, if he deems the conditions proposed herein require modification in order to

allow approval, to supply conditions for the safe operation of the sUAS. VC welcomes the opportunity to consult

with FAA staff in order to address any issues or concerns that this proposal may raise that they believe may require modification.

VC uses UASs that are multirotor, weighing less than 55 pounds

including payload. They operate, under normal conditions, at speeds not to exceed 50

mph. The multirotor has the capability to hover and move in the vertical and horizontal

plane. VC’s UASs will operate in line of sight, during daylight hours, and will only

operate within a sterile area described in the enclosed Operations Manual. VC will

operate at or below 400 feet AGL and will file a NOTAM for each flight operated in

controlled airspace that is required. All required permissions and permits would be

obtained from territorial, state, county or city jurisdictions, Including local law

enforcement, fire, or other appropriate governmental agencies prior to operating a

sUAS.

Given the small size of the sUAS’s involved and the restricted sterile environment

within which they will operate, this VC’s exemption falls within the zone of safety

and demonstrate an equivalent level of safety, in which Congress desired the FAA to

permit commercial UAS operations by exemption pending completion of formal

rulemaking. Also, due to the size of the sUAS’s and the confined area in which the

sUAS’s will operate, approval of the application presents no hazard in the NAS.

Considering the clear direction in Section 333 of the Reform Act, the authority

contained in the Federal Aviation Act, as amended, the equivalent level of safety

surrounding the proposed operations, and the significant public benefit, the grant of

the requested exemptions is also in the public interest.

IV. Description of Proposed Operations

To assist the FAA in its safety assessment of VC's proposed sUAS operations, below is a summary of 

operational limitations and conditions that will ensure an equivalent or higher level of safety to 

operations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 55 pounds.

2. Flights will be operated within line of sight of the PIC and visual

3. Maximum total flight time for each operational flight will be limited to the amount of time the 

sUAS can be flown and still maintain a reserve battery power or fuel quantity of no less than 

25%.
4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Flights will be operated at a lateral distance of least 100 feet from any inhabited structures, 

buildings, vehicles, vessels, people not associated with the operation or who have not signed a 

waiver in advance of the operation.

6. Minimum crew for each operation will consist of the sUAS Pilot in Command and a Visual 

Observer. Additional crew members consist of a Pilot and a Camera Operator.

7. The sUAS Pilot in Command will be an FAA licensed airman with at least a private pilot's 

certificate, third class medical, and a current check required by 14 CFR Part 61.56 in an aircraft 

in which the PIC is rated o nhis or her pilot certificate. 

8. VC will designate a Pilot in Command ("PIC") for each mission.

9. The sUAS will operate only within a confined "Sterile Area" as defined in the Operations 

Manual.

10. Prior to the operations at a particular location, a site inspection will have been conducted. On 

the day of the mission the management person with operational control and the PIC will concur 

on dispatching of the mission.

11. A briefing will be conducted in regard to the planned sUAS operations prior to each day's 

missions. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the sterile area be present for this briefing.

12. VC crew will use the checklist and callouts required in the Operations Manual.

13. All sUAS’s will be maintained in accordance with the manufacturer’s guidelines.

14. In the event of an accident involving an VC sUAS, they will cease operations and report the 

accident to the NTSB and AFS-80.

15. Pilot in Command and Visual Observer will at all times be able to communicate by voice.

16. Pilot in Command, Pilot, Camera Operator, Visual Observer, and Operational Personnel will 

have been trained and tested in accordance to VC’s UAS Aircraft Training Manual.

17. All required permissions and permits would be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

18. In compliance with approved Waiver, VC management will submit a written “Plan of 

Activities” to the local Flight Standards District Office (FSDO) having jurisdiction over the 

area of proposed filming three days in advanced of operations during film or movie 

productions.

19. If the sUAS loses communications signal, the sUAS will have the capability to return to a predetermined location within the Sterile Area and land.
20. Contingency plans will be in place to safely terminate flight if there is a loss of communication 

between the pilot and the observer.

21. The sUAS has the capability to abort a flight in case of unpredicted obstacles or emergencies.

22. VC will assure no individuals’ privacy is violated.

23. Procedures have been established in VC’s Operations Manual to contact ATC prior to operating 

in airspace other than G.

V. Regulations From Which Exemption is Requested

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot in Command

B. 14 CFR § 91.103: Preflight Action

C. 14 CFR § 91.113: Right-of-Way Rules

D. 14 CFR § 91.119 (c): Minimum Safe Altitudes

E. 14 CFR § 91.121: Altimeter Settings

F. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions

G. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot in Command

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

a conventional aircraft that carries a pilot, passengers, and cargo, the sUAS’s are

remotely controlled with no passengers or property of others on board. VC

respectfully proposes that the FAA should take into account the characteristics

and procedures of the particular UAS.

Venture Capital LLC proposes that the actual operation of the sUAS does not

require the Pilot to hold a private pilot certificate. Instead, the actual site

operation requires a private pilot certificate. VC proposes the following

requirements:

• Pilot in Command Requirements:

1. PIC must have accumulated and logged a minimum of 200 flight cycles

and 25 hours of total time as a UAS pilot and at least 10 hours logged as a

UAS pilot with a similar UAS type (single blade or multirotor) and 5 hours in

type of UAS aircraft.

3. The PIC must have accumulated and logged a minimum of five hours as

UAS pilot with the make and model of UAS to be utilized for operations

under the exemption and three takeoffs and landings in the preceding 90 days.

4. The PIC must have successfully completed the qualification process as
specified in the VC Operations Manual and VC Training Program, to Include a knowledge and skill 

test.

• Pilot Requirements:

1. The Pilot must have accumulated and logged a minimum of 200 flight cycles

and 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours

logged as a UAS pilot with a similar UAS type (single blade or multirotor).

2. The Pilot must have accumulated and logged a minimum of five hours as

UAS pilot with the make and model of UAS to be utilized for operations

under the exemption and three takeoffs and landings in the preceding 90 days.

3. The Pilot must have successfully completed the qualification process as specified in the VC 

Operations Manual and VC Training Program, to include a knowledge and skill test. The Pilot must 

have successfully completed the recurrent requirements as specified in VC Training Program within the

last 12 calendar months.

Equivalent Level of Safety

Venture Capital LLC utilizes both a PIC and a Pilot to increase safety during flight

operations. While the Pilot is concentrating on flying the UAS the PIC has the ability

oversee safety of the entire operations. The PIC will always remain within 10 feet of the

Pilot when the UAS is airborne to assist or take over if an emergency should happen.

Procedures developed by Venture Capital LLC far exceed the current safety requirements

established by the FAA.

B. 14 CFR § 91.103: Preflight Action

VC requests an exemption from the preflight actions requirements of 14

CFR 91.113 that prescribes the preflight actions under which aircraft may operate:

Each pilot in command shall, before beginning a flight, become familiar with all

available information concerning that flight.

(a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and

forecasts, fuel requirements, alternatives available if the planned flight cannot

be completed, and any known traffic delays of which the pilot in command has

been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following

takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight

Manual containing takeoff and landing distance data is required, the

takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this

section, other reliable information appropriate to the aircraft, relating to

aircraft performance under expected values of airport elevation and

runway slope, aircraft gross weight, and wind and temperature.

VC will not operate sUAS’s under IFR conditions or when the ceilings are below

1000 feet and the visibility is below 3 statute miles. DJI’s sUAS’s do not have published

approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance

data.

Equivalent Level of Safety
VC will enssure that the weather will be adequate to complete the mission in VFR condition.

C. 14 CFR 91.113: Right-of-Way Rules

VC request an exemption from 14 CFR 91.113 Right-of-way rules, requiring

vigilance by each person operating an aircraft so as to see and avoid other aircraft. When

a rule of this section gives another aircraft the right-of-way, the pilot shall give way to

that aircraft and may not pass over, under, or ahead of it unless well clear.

Venture Capital LLCs operates small pilotless UAS’s and cannot comply with these rules

as they have been written.

Equivalent Level of Safety

VC operates sUAS’s at or below an altitude of 400 feet AGL, well below the normal

operating altitude of other aircraft. VC Operations Manual specifies that a Pilot in

Command with experience will oversee each mission and has knowledge of the avoid

rules. A Visual Observer will assist the PIC in looking for aircraft entering the operations

area. It’s the responsibility of the PIC to cease operations and land the UAS immediately

whenever and aircraft comes into the vicinity creating a potential threat. Operations

cannot recommence until the threat is clear.

D. 14 CFR. § 91.119: Minimum Safe Altitudes

VC requests an exemption from the minimum safe altitude requirements of 14

CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may

operate:

• Over any congested area of a city, town, or settlement, or over any open air

assembly of persons, an altitude of 1,000 feet above the highest obstacle within

a horizontal radius of 2,000 feet of the aircraft.

• Over other than congested areas at 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.

Section 91.119 (d) allows for a helicopter to operate at less than those minimum

altitudes when it can be operated "without hazard to persons or property on the

surface," provided that "each person operating the helicopter complies with any routes

or altitudes specifically prescribed for helicopters by the FAA."

To provide the intended operations, the sUAS is normally operated below 400 feet

AGL. Additionally, due to the nature of the proposed operations, the sUAS will

maintain a lateral distance of at least 100 feet from inhabited structures, buildings,

vehicles, and vessels, and from people not associated with the operation.

Equivalent Level of Safety

Compared to flight normal aircraft, VC’s multi-rotor aircraft weigh a maximum of

25 pounds, and given the lack of flammable fuel, any risk associated with these

operations is far less than those that presently exist with conventional aircraft. An

equivalent level of safety will be achieved given the size, weight, and speed of the

UAS, as well as the location where it is operated. The sUAS will be operated in a sterile area, 

where buildings and people will not be exposed to operations without their pre-obtained consent. 
Because of the advance notice to the property owners and participants, all affected individuals will be

well aware of the planned flight operations.

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with

aircraft that are subject to the minimum safe altitude regulations. Finally, the

successful safety record of the DJI sUAS’s demonstrates that the sUAS can be safely

used at these lower altitudes and closer operating environments.

E. 14 C.F.R. § 91.121: Altimeter Settings

VC seeks an exemption from 14 CFR 91.121, which requires a person operating an

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is

set to the elevation of the departure airport or barometric pressure. An exemption is

required because the sUAS does not have a barometric altimeter, but rather a GPS

altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in

the Operations Manual. VC will confirm the altitude of the launch site shown on

the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude

indicator to constantly monitor the sUAS's height, thus ensuring operation at safe

altitudes.

F. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

VC requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 states:

(a) No person may begin 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 25 minutes; or

(2) At night, to fly after that for at least 45 minutes.

The batteries powering VC’s UAS’s provide approximately 23 minutes of

powered flight. To meet the 30 minutes reserve requirement in 14 CFR 91.151, sUAS

flights could not be conducted. Given the limitations on the sUAS's proposed flight

area and the location of its proposed operations within a predetermined area, a safety

margin based on a reserve amount of battery life is needed.

VC will not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted

on-site without significant transit time by the sUAS. All flights will be planned to

terminate with no less than 25% reserve battery power still available. This restriction

would be more than adequate to return the sUAS safely to its planned landing zone

from anywhere in its confined area of operation even in the event of an unexpected

occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel does not

Include the type of risks that Section 91.151(a) was intended to alleviate given the size

and speed of the small UAS, and the proximity of the flight operation to the landing

zone. Moreover, operation will be limited to controlled areas where only people and

property owners, or official representatives who have signed waivers will be allowed.
G. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b):

Maintenance Inspections

VC also seeks an exemption from the maintenance inspection requirements contained

in 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations

specify maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR

91.405(a) (stating that each owner or operator of an aircraft "shall have the aircraft

inspected as prescribed in subpart E of this part and shall between required inspections

...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption

to these regulations is needed because Part 43 and these sections only apply to aircraft

with an airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

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

will be performed in accordance with the DJI User’s Manuals. As provided in the Operations Manual, 

the operator will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. 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. If mechanical issues arise, the sUAS's size and carrying capacity,

and the fact that flight operations will only take place in restricted areas for limited periods of time 

during daylight hours, creates less risk than that associated with conventional rotorcraft performing the 

same operation.

VI. PUBLIC INTEREST

Granting Venture Capital LLC. an exemption furthers the public interest. National

policy set by Congress favors early integration of UAS into the national airspace in

controlled, safe working environments such as those propose in this petition. The one

vision of VC is to help facilitate safe integration of sUAS’s into mainstream USA

in the following areas:

• Training

To ensure that UAS Operators are properly trained and certified to safely operate

they’re particular type of sUAS aircraft. Also, training will be conducted in the

type of operations they will be using their aircraft.

• Movies and Videography

Whether the shot requires unique views and expansive panning or extreme

altitude with radical views, the UAS is designed to hold up under demanding

conditions. Because of the autopilot feature with pre-designed mission

management and R/C control interrupt, the pilot and camera operator can easily

create the ultimate shot with HD video or HD still photos. When working close

in on a closed set the hazards to the actors are greatly reduced due to the size of

the sUAS.

• News Gathering

Similar to movies and videography, each news assignment may require a

completely different shot or view of a scene. With budgets for traditional

helicopter use being greatly reduced, the UAS is the perfect solution to allow for

easy news gathering for a fraction of the cost. The sUAS can and will be

operated in a sterile area away from the public, while the traditional helicopter
must hover over persons and property Increasing the danger to individuals.

• Real Estate

The sUAS can be used in all areas of real estate, Including commercial,

residential and industrial properties. Using a sUAS, real estate professionals can

create promotional videos, photos and unique shots that normal camera aspects

cannot capture. VC’s easy-to-use video and photo platform enables properties

to stand out, providing dazzling views that are typically shown via expensive

computer animation or costly helicopter rentals. Imagine shooting a view from a

high-rise condo in stunning high definition that shows your potential customer

the actual view from the residence. The remote platform is great for new

planning, zoning and large developments. Simple and easy-to-use video and

photos allow for multiple height pictures and elevation views.

• Fire and Rescue

VC would introduce and demonstrate to fire and rescue personnel the sUAS’s

reliability and the capability to perform in extreme situations. The ability to offer

real time HD and IR video facilitates placing personnel and equipment in the

right places. Also, with modern FLIR cameras, areas can be identified for

potential ‘hot spots’ and additional focus without putting personnel at risk.

VC’s mission is to assist governmental agencies safely into the NAS.

• Law Enforcement and SWAT

VC would introduce and demonstrate to Law enforcement officers that sUAS

excel in rapid deployment and challenging situations. Most sUAS’s deploy in

less than 5 minutes. VC is working with a manufacturer that has developed a

sUAS that will deploy in 1 minute. With a video package, the sUAS provides

law enforcement with seamless Incident situational awareness, tactical support

and accident photography. Using the sUAS, police and SWAT can quickly

assess potential threats; take HD photos of a crime scene or FLIR video of an

area to find hidden threats.

• Agriculture and Conservation

VC would introduce and demonstrate to farmers of all types that the sUAS can

aid commercial agriculture, land management and conservation efforts by

assessing crops, mapping flood zones, measuring snow pack and more. The

sUAS can fly pre-saved missions via the fully automated ground station, which

allows for time-lapse photos of fields, crops and known land tracts. It also can

accurately recreate the same pattern during all seasons, providing invaluable data

for land and soil management. Using HD video, HD photos, and IR cameras

allows for detailed analysis and recording. With photo rendering software, 3D

maps and topography can be used in conjunction with time-lapse photos to create

highly detailed maps for erosion, flood mapping and other critical aspects of land

management.

VII. Privacy

Venture Capital LLC has established a chapter in their Operations Manual to protect the

public privacy. VC knows that many individual have concerns about privacy from

the operations of sUAS’s. VC has created a privacy notice that informs residents,
commercial property owners, churches, schools, and governmental organizations of

our intent to conduct commercial drone operations in proximity to their property.

VIII. Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed:

Venture Capital LLC. seeks an exemption from the following rules:

14 CFR Part 61.113 (a) and (b); 14 CFR 91.103; 14 CFR 91.113; 14 CFR 91.119; 14

CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR;

91.409(a)(2); 14 CFR 91.417 (a) & (b).

Approval of this exemption request allows VC to conduct commercial operations

with small and lightweight unmanned aerial systems. The cornerstone of VC

business is SAFETY, EDUCATION, and SOLUTIONs, which enhance safety of

sUAS operations in the NAS while reducing risk to the general public and property

owners.

Venture Capital LLC’s uses sUAS, weighing less than 55 pounds and powered by

batteries. This eliminates virtually all of that risk given the

reduced mass and lack of large amounts of combustible fuel carried on board as

compared manned aircraft. The sUAS is transported to the designated mission area

and set up there. The sUAS will carry no passengers or crew and, therefore, will not

expose them to the risks associated with manned aircraft flights.

The operation of this small UAS will provide an equivalent level of safety, supporting

the grant of the exemptions requested herein, Including exempting the applicant from

the requirements of several regulations and allowing commercial operations. These

lightweight sUAS’s operate at slow speeds, close to the ground, and in a sterile

environment. As a result, they are far safer than conventional aerial survey and

inspection operations conducted with fixed wing aircraft or helicopters.

If additional information is required, or if you have any questions regarding this

Petition for Exemption, please contact the undersigned at:

Emory Peterson-Nestaval

Venture Capital LLC

Cell Phone: 775-846-0389

Email: info@emoryllc.com