U.S. Department of Transportation

Docket Management System 

1200 New Jersey Avenue, Se

Washington, DC 20590

Petition of AviSight LLC (AviSight) 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, AviSight,

hereby applied for an exemption from Federal Aviation Regulations (FARs) identified below, to allow 

commercial operations of small unmanned aerial systems (sUAS).

Please note that this application is identical to Exemption Number 12842, Regulatory Docket Number 

FAA-2015-2091 with the exception that AviSight has applied for only three of the seven assets granted 

exemption in that application. As such, AviSight is requesting a streamlined approval process.

This exemption in accordance with protocols outlined in this petition for exemption, the enclosed UAS 

Manufacturer's Operations and/or instruction manual, UAS User's mManuals, UAS Quick Start Guide, 

and any other requirements established by the FAA pursuant to Section 333 of the Reform Act.

This exemption would permit commercial operation by AviSight, which uses all versions of DJI Phantom 

3 and S1000 and 3DRobotics Iris to conduct sUAS flight training, support in news services, real estate 

photography and videography, construction, waterway and land planning and use photography, 

agriculture, education, oil and gas industry infrastructure inspection and demonstration flights.

AviSight operations under the exemption will be subject to strict operating requirements and conditions 

to ensure an equivalent level of safety to currently authorized operation using manned aircraft under 

conditions, as may be modified by the FAA as required by section 333.2.

AviSight will be operated under controlled VFR conditions at low altitude in air space that is permitted in 

accordance with AviSight's approved certificate of authorization (COA). They will operate sUAS with 

pilots who are current and qualified with an FAA Pilot Certificate and only after completing AviSight's 

training program. Finally, when operating within controlled airspace, the controlling FAA ATC will 

approve the air space in which the sUAS will operate in advance.

AviSight respectfully submits this request for an exemption because it operates sUAS. The operations 

AviSight will be conducting will be in lieu of comparatively hazardous operations now conducted with 

fixed wing and rotary-wing conventional aircraft. The FAA can have confidence that the operation will be 

conducted with an equivalent level or greater level of safety. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation (the FAA Administrator's) responsibilities 
under section 333 of the Reform Act to "establish requirements for the safe operation of such aircraft 

systems in the National Airspace System."

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

I. Petitioners Description

II. Relevant Statutory Authority 

III. Qualifications for Approval Under Section 333 of 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 

AviSight, headquartered in Las Vegas, Nevada, is a company that provides sUAS flight training, support 

to news services, real estate photography and videography, construction, waterway and land planning 

and use photography, agriculture, education, oil and gas industry infrastructure inspection and 

demonstration flights in a compliant and safe environment. AviSight plans on providing a wide range of 

services as the sUAS market expands.

The management at AviSight has over 50 years of experience in Aviation and over 20 years combined 

experience operating sUAS/UAS's. All AviSight pilots hold CPL or ATP (or military equivalent) certificates 

in fixed wing or rotary wing. 

The contact information for the Petitioner is as follows:

AviSight LLC

8260 W. Charleston Blvd. Ste. 3

Las Vegas, Nevada 89117

702.249.3113

II. Relevant Statutory Authority 

This petition for exemption is submitted to fulfill Congress's goal of 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 (NAS)." 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 System before completion of the formal UAS rulemaking, based on the following 

considerations:

 The sUAS 'sas size, weight, speed, and operational capability;

 Operation of the sUAS in close proximity to airports and populated areas; and
 Operation of the sUAS within the visual line of sight of the operator.

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 the safety 

regulations and minimum standards when the administrator decides the 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 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 requirements that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial services:

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

Section (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 Avisight the use of sUAS under controlled conditions in air space 

that is (1) predetermined; (2) controlled as as to acces; and that (3) provides an increased level of safety 

beyond that existing one fixed or rotary wing aircraft are used to accomplish the same purpose.

AviSight uses sUAS 'sthat are multi rotor, weighing less than 55 pounds including payload. They operate, 

under normal conditions, at speeds not to exceed 50 mph. The multi-rotor has the capability to hover 

and move in the vertical and horizontal plane. AviSight sUASs will operate in line of sight, during daylight 

hours, and will only operate within a sterile area. AviSight 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 the territorial, state, county or city jurisdictions, including local law 

enforcement, fire, or other appropriate governmental agencies prior to operating sUAS.

Given the small size of the sUASs involved and the restricted, sterile environment within which they will 

operate, this AviSight exemption falls within the zone of safety and demonstrate an equivalent level of 

safety, in which Congress desired the FAA to permit commercial UAS operation by exemption pending 

completion of formal rulemaking. Also, due to the size of the sUASs and the confined area in which 

these UAS as will operate, approval of the application presents no hazards in the NAS.
Considering the clear direction and 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 exemption is also in the public interest.

IV. Description of Proposed Operations 

To assist the FAA in a safety assessment of AviSight'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/or visual observer.

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

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 than 400 feet AGL.

5. Flights will be operated at a lateral distance of at 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 when operating with the use of FPV equipment. Additional crew members may consist 

of a pilot and a camera operator.

7. The sUAS pilot in command will be an FAA license airman with at least a private pilot certificate, 

second class medical, and a current check required by 14 CFR Part 61. 56 in an aircraft in which 

the pilot in command is rated on his or her pilot certificate.

8. AviSight will designate a pilot in command for each mission.

9. The sUAS will operate only within a confined, sterile area.

10. Prior to the operation 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 pilot in 

command will concur on dispatching of the mission.

11. A briefing will be conducted in regard to the planned suas operation prior to eat days 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. AviSight crew will use the checklist and callouts.

13. All sUAS's will be maintained in compliance with the manufacturer's and AviSight 's guidelines.

14. In the event of an accident involving an AviSight sUAS, the pilot in command will cease 

operation 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 AviSight's UAS Aircraft Training manual.

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

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

18. In compliance with the approved waiver, AviSight management will submit a written "plan of 

activities" to the local Flight Standards District Office having jurisdiction over the area of 

proposed filming three days in advance of operation 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 a 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 observer.

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

22. AviSight will assure no individual's privacy is violated.

23. ATC will be contacted prior to operating in airspace other than Class G.

V. Regulations from which Exemption is Requested

A. 14 CFR Part 91.103 - Preflight Action

B. 14 CFR Part 91.113 - Right-of-Way Rules

C. 14 CFR Part 91.119 (c) - Minimum Safe Altitudes

D. 14 CFR Part 91.121 - Altimeter Settings

E. 14 CFR Part 91.151 (b) - Fuel Requirements for Flight in VFR Conditions

F. 14 CFR Part 91.405 (a), 91.407 (a)(1l, 91.409 (a)(2), 91.417 (a) and (b) - Maintenance Inspections

A. 14 CFR Part 91.103 - Preflight Action
AviSight requests an exemption from the preflight actions requirements of 14 CFR 91. 113 that 

prescribes the preflight action 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 for a flight not in the vicinity of an Airport, weather reports and forecasts, fuel 

requirements, alternatives available if the plan 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 length 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.

AviSight will not operate sUASs under IFR conditions or when the ceilings are below 1000 feet and the 

visibility is below 3 statute miles. Neither DJI nor 3DR sUASs have published approved airplane or roto 

craft flight manual containing take off and landing distance data.

Equivalent Level of Safety

AviSight will ensure that the weather will be adequate to complete the mission in VFR conditions. Since 

AviSight operates in traditionally density altitude areas, never usually above 2500 feet MSL, sUAS 

performance is not affected. When AviSight operates at high altitude locations, the sUAS will be test 

flown at gross weight to test performance limitations prior to conducting commercial operations.

B. 14 CFR Part 91.113 - Right-of-Way Rules

AviSight requests 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.

AviSight operates small, pilotless UASs and cannot comply with these rules as they have been written.

Equivalent Level of Safety
AviSight operates sUASs at or below and altitude of 400 feet AGL, well below the normal operating 

altitude of other aircraft. An AviSight pilot in command with extensive aeronautical experience will 

oversee each mission and has knowledge of the avoid rules. A visual observer will assist the pilot in 

command in looking for aircraft entering the operations area. It's the responsibility of the pilot in 

command to cease operations and land the UAS immediately whenever an aircraft comes into the 

vicinity creating a potential threat. Operations cannot recommence until the threat is clear.

C. 14 CFR Part 91.119 (c) - Minimum Safe Altitudes

AviSight request an exemption from the minimum safe altitude requirements of 14 CFR Part 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 1000 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 persons, vessel, vehicle, or structure.

Section 91. 119 allows for a helicopter to operate at less than those minimum altitudes when it can be 

operated "without hazard two persons or property on the surface," provided that "each person 

operating the helicopter complies with any routes or altitude specifically prescribed for helicopters by 

the FAA."

To provide the intended operation, 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 normal aircraft operations, AviSight'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. And 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 UAS will be operated in a 

sterile area where buildings and people will not be exposed to operation 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 plan flight operations.

Furthermore, by operating at such lower altitude, the sUASs will not interfere with aircraft that are 

subject to the minimum safe altitude regulations. Finally, the successful safety record of the DJI and 3DR 

sUASs demonstrates that the sUAS can be safely used at these lower altitudes and closer operating 

environments.
D. 14 CFR Part 91.121 - Altimeter Settings

AviSight seeks an exemption from 14 CFR part 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 some of sUAS aircraft do 

not have not have a barometric altimeter, but rather a GPS altitude readout.

Equivalent Level of Safety

An equivalent level of safety will be achieved in that AviSight will confirm the altitude of the launch site 

shown on the GPS altitude indicator before flight. moreover, the pilot in command will use the GPS 

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

E. 14 CFR Part 91.151 (b) - Fuel Requirements for Flight in VFR Conditions

AviSight request an exemption from 14 CFR Part 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 AviSight UASs provide approximately 10 - 18 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR 91. 151, sUAS flights could not be conducted. Given the 

limitations on the sUAS's is 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. AviSight 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 plan 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 and its confined area of operation even in the event of 

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 was intended to alleviate given the size and speed of the 

sUAS, 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.
F. 14 CFR Part 91.405 (a), 91.407 (a)(1l, 91.409 (a)(2), 91.417 (a) and (b) - Maintenance Inspections

AviSight also seeks an exemption from the maintenance inspection requirements contained in 14 CFR 

Part 91. 405 (a), 91.407 (a)(1l, 91.409 (a)(2), 91.417 (a) and (b). These regulations specify maintenance 

and inspection standards and reference to 14 CFR Part 43. 14 CFR Part 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 DJI and 3DR User's Manuals. 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 AviSight an exemption furthers the public interest. National policy set by Congress favors early 

integration of UAS into the National Airspace in controlled, safe working environment such as those 

proposed in this petition. The one vision of AviSight is yoto help facilitate safe integration of suas into 

mainstream USA in the following areas:

 Training

To ensure that UAS operators are properly trained and certified to safely operate their particular 

type of sUAS aircraft. Also, training will be conducted in the type of operations they will be using 

their aircraft.

 Real Estate

The sUAS can be used in all areas of real estate, including commercial, residential and industrial 

properties. Using an sUAS, real estate professionals can create promotional videos, photos and 

unique shots that normal camera aspects cannot capture. AviSight's easy to use video and photo 

platform enables properties to stand out, providing dazzling views that are typically shown via 

expensive computer animations for 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 planning, zoning, and large developments. Simple 

and easy to use video and photos allows for multiple height pictures and elevation views.
 Cinematography 

Whether the shot requires unique views and expensive painting or extreme altitude with radical 

views, the UAS is designed to hold up under demanding conditions. Because of the autopilot 

feature with pre-design Mission Management and RC control interrupt, the pilot and camera 

operator can easily create the ultimate shot with HD video or HD still photos.

 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 UAS can 

and will be operated in a sterile area away from the public, while the traditional helicopter must 

have the above persons and property increasing the danger to individuals.

 Agriculture and Conservation 

AviSight would introduce and demonstrate the farmers of all types that the sUAS can aid 

commercial agriculture, land management and conservation efforts by assessing crops, mapping 

flood zones, measuring snowpack 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, blood 

napping and other critical aspects of land management.

 Oil and Gas Industry Infrastructure Inspection 

AviSight will use HD video, HD photos, and IR cameras to inspect critical oil and gas 

infrastructures allowing detailed analysis prior to scheduled maintenance. This analysis will 

enable repair crews to minimize downtime which in turn greatly improves production efficiency.

VII. Privacy

AviSight is committed to protecting the public privacy. We know that many individuals have concerns 

about privacy from the operations of suas. AviSight will inform 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.
AviSight seeks exemption from the following rules:

14 CFR 91. 103, 14 CFR 91 .113, 14 CFR 91. 119, 14 CFR 91. 121, 14 CFR 91. 151 (a), 14 CFR91. 405 (a), 14 

CFR 91. 407 (a)(1), 14 CFR 91. 409 (a)(2), CFR 91 .417 (a) & (b).

Approval of this exemption request allows AviSight to conduct commercial operations with small and 

lightweight unmanned aerial systems. AviSight is committed to safety, education, and solutions, which 

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

owners.

AviSight uses sUAS, weighing less than 55 pounds and powered by batteries. This eliminates virtually all 

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

compared to 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 flight.

The operation of the 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 operation. These lightweight sUAS is 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.

Respectfully,

Kevin S. Fallico

VP of Operations

AviSight

702.249.3113

KevinF@AviSight.com