June, 11 2015
Attn: U. S. DepartmentofTransportation DocketOperations West Building Ground Floor, Room wl2-140 1200New Jersey Ave, SE Washington, DC 20590

RE: VISUAL SYSTEMS LLC REQUESTS AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OFTHE CODEOF FEDERAL REGULATIONS SECTIONS 61.l 13(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF OJI Phantom 3 UNMANNED AIRCRAFT SYSTEMS PURSUANTTO SECTION 333 OFTHE FAA MODERNIZATION AND REFORM ACTOF 2012 (PUBLIC LAW 112-95}



### Submitted By: Charles Rohr, President Visual Systems, LLC 13002 East 39th Lane Spokane Valley, WA 99206

### TABLE OFCONTENTS Page GLOSSARY OFABBREVIATIONS

...................................................................................3

SUMMARY

........................................................................................................................... 4

INTRODUCTION AND INTERESTS OF PETITIONER

....................................................4

BACKGROUND

....................................................................................................................4

BASIS FORPETITION

.........................................................................................................5

NAME ANDADDRESS OF PETITIONER

.........................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE VISUAL SYSTEMS, LLC SEEKS EXEMPTION

............................................................................................................7 THE EXTENT OF RELIEF THEVISUAL SYSTEMS LLC SEEKS ANDTHEREASONTHE VISUAL SYSTEMS LLC SEEKS THE RELIEF

..............................................................10 THE REASONS WHY GRANTING VISUAL SYSTEMS LLC REQUEST WOULD BE IN THE PUBLIC INTEREST

............................................................................................12 THE REASONS WHY GRANTING THEEXEMPTION TO VISUAL SYSTEMSLLC WOULD NOT ADVERSELY AFFECT SAFETY

..............................................................14 SUMMARYTHATCAN BE PUBLISHED IN THEFEDERAL REGISTER

...................25 ANY ADDITIONAL INFORMATION, VIEWS, ORARGUMENTS AVAILABLETO SUPPORTVISUAL SYSTEMS LLC

..................................................25 CONCLUSION

.....................................................................................................................25 APPENDICES

......................................................................................... 26GLOSSARY OFABBREVIATIONS AGL AOI ATC ATO AV CFR COA FAA 

### FAR GCS GPS LOL NAS NOT AM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL Above Ground Level Area ofInterest AirTraffic Control AirTraffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss ofLink National Airspace System Notice to Airman Pilot In Command FAAModernization and Reform Actof2012 (FMRA) Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

VISUAL SYSTEMS LLC seeks relief from Section 91.7(a), entitled 

### Civil aircraft airworthiness,SUMMARY VISUAL SYSTEMS LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.4l7(a) & (b), to operate an Unmanned Aircraft System (OJI Phantom 3) pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (FMRA). This exemption will permit VISUAL SYSTEMS LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscapes and events overcertain areas ofthe United States.

INTRODUCTIONAND INTERESTS OFTHEPETITIONER
VISUAL SYSTEMS LLC is a startup company located in SpokaneValley WA. It'sPresident Charles Rohris a certificatedprivatepilot andformer AirForcenavigator

### with over3000hours ofmilitary flying time, including 35 combatmissions inDesert Storm. VISUAL SYSTEMS LLC intends to conductcommercial drone operations focusing primarily onfirstresponder training videos, fire marshal arson investigations, building/structure inspections, property appraisals, real estate marketing andeconomic development.

My staffhas safely flown small RC electric quadcopters recreationally for approximately 2 years without incident. BACKGROUND VISUAL SYSTEMS, LLC seeks an exemption to operate OJI Phantom 3 system for compensation or hire within the NAS. The OJI Phantom 3 is vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The OJI Phantom 3 has a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of23.2", a maximum speed ofapproximately 16.4'fps and a maximum flying height of 400'. The OJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.BASIS FORPETITION Petitioner, VISUAL SYSTEMS LLC, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, 

### Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the OJI Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). In consideration ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, VISUAL SYSTEMS LLC operation of DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, SubpartH. Accordingly, VISUAL SYSTEMS LLC requests relief from Sections 91.405(a), 91.407(a)(I), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance thatonly apply to aircraft with an airworthiness certificate. VISUAL SYSTEMS LLC submits that the requested relief is proper since an equivalent level of safety will be ensured. VISUAL SYSTEMS LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the U AS using the methods, techniques, and practices prescribed 

### in the operating documents (i.e., Monthly Maintenance Log, and OJI Phantom 3 Instruction Manual). Furthermore, VISUAL SYSTEMS LLC will document and maintain all maintenance records for the OJI Phantom 3 UAS. 

### Relieffrom certainrequirements ofSection 61.l 13(a) and (b), 

### entitled

### Private Pilot Privileges/Pilot in Command, isrequestedtothe extentnecessary toallowa PilotInCommand (PIC) holding a privatepilotorhigher level certificateandwho meets minimum flighthourand currency requirements, thatthe PIC is able to safely operate a UAS in a mannerconsistentwith this exemption, including evasive and emergency maneuvers andmaintaining appropriate distances from people, vesselsvehicles and structures.

The OJI Phantom 3 that will be operated by VISUAL SYSTEMS LLC will be registered in accordance with 49 U.S.C. 44103, 

### Registration of Aircraft, as well as 14 C.F.R Part 47, 

### Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, 

### Identification and Registration Marking.VISUAL SYSTEMS LLC also seeks an exemption from therequirements ofSection 91.121, entitled AltimeterSettings, as the OJI Phantom 3 UAS will not have a typical barometric altimeteronboard. However, altitude information ofthe OJI Phantom 3 UAS will beprovided to the PIC via Global Positioning System (GPS) equipmentand radio communications telemetry data link, which downlinks from the UAtothe GCS for active monitoring ofthe flight path. This altitude information, combined with VISUAL SYSTEMS LLC operation ofthe OJI Phantom 3 UAS within visual line ofsight, ator below 400 feet AGL, will ensure a level ofsafety equivalentto Section 91.121.
Additionally, The VISUAL SYSTEMS LLC seeks an exemption from the requirements ofSection 91.151(b), entitledFuel requirements/or flight in VFR conditions. The VISUAL SYSTEMS LLC submits that safety will notbe affected by operation ofthe OJI Phantom 3 UAS during daylight hours 

### in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery powerto fly for a total duration ofapproximately 23 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well ashow muchtime is needed to return safely backto point oftake off. In accordance with 14 C.F.R. § 11.81, VISUAL SYSTEMS LLC provides the following information in support ofits petition for exemption:



### A. Name And Address OfThePetitioner. The name and address ofthe Petitioner and point ofcontact is: 

### VISUAL SYSTEMS LLC 13002 

### East 39th Lane SpokaneValley, WA 99206 POC: Charles Rohr 509 991-3667 crohr530@gmail.com

### B. TheSpecific Sections Of14 C.F.R.From Which VISUAL SYSTEMS LLC SeeksExemption.

1. 

### The VISUAL SYSTEMS LLC Seeks Exemption From The Requirements Of Section 61.113(a) 

### And (b). Section 61.113, entitled Private pilot privileges and limitations: 

### Pilot in command, subsections (a) and (b) prescribethe following, in relevant part:
(a) No person who holds a private pilotcertificate may act as a pilot in command (PIC) of an aircraftthat is carryingpassengers orproperty for compensation orhire; nor maythat person, for compensation orhire, actasPIC ofan aircraft. (b) A privatepilot may, for compensation orhire, actas PIC ofan aircraft in connection with any business oremployment if.- (1) The flight is only incidental to thatbusinessoremployment; and (2) The aircraft does not carry passengers orproperty for compensation orhire. 

### 2. TheVISUAL SYSTEMSLLC Seeks Exemption From TheRequirements OfSection 91.7(a).

Section 91.7, entitled 

### Civilaircraftairworthiness, subsection (a), statesthe following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. 

### 3. VISUAL SYSTEMSLLC SeeksExemption From TheRequirements OfSection 91.121.Section 91.121, entitled Altimeter settings, subsection (a), statesthe following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of thataircraft, as the case maybe, byreference to an altimeterthat is set, when operating-

(1) Below 18,000 feet MSL, to- (i) The currentreported altimeter setting ofa station alongthe route and within 100 nautical miles ofthe aircraft; (ii) Ifthere is no station within the areaprescribed in paragraph (a)(l)(i) ofthis section, the currentreported altimeter setting ofan appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation ofthe departure airport oran appropriate altimeter setting available before departure.

### 4. VISUAL SYSTEMS LLC SeeksExemption From TheRequirements OfSection 91.lSl(b).

Section 91.151, entitled 

### Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b) 

### Noperson maybegina flight in a rotorcraft under VFR conditions unless (considering wind andforecast weather conditions) there is enoughfuel tofly to thefirst point of intended landing and, assuming normal cruising speed, tofly after thatfor at least 20 minutes. S. 

### The VISUAL SYSTEMS LLC Seeks Exemption From The Requirement Of Section 91.40S(a). Section 91.405, entitled 

### Maintenance required, subsection (a), states the following: Each owneroroperator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter[.] 

### 6. VISUAL SYSTEMS LLC Seeks Exemption From TheRequirements OfSection 91.407(a)(l)

Section 91.407, entitled 

### Operation after maintenance,preventive maintenance, rebuilding, or alteration, subsection (a)(1 ), statesthe following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, oralteration unless- (I) It has been approved for return to service by a person authorized under§ 43.7 of this chapter(.] 

### 7. VISUAL SYSTEMS LLC Seeks Exemption From TheRequirements OfSections 91.409(a)(l) And 91.409(a)(2). Section 91.409, entitled

### Inspections, subsection (a), statesthe following: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

- (I) An annual inspection in accordance with part43 ofthis chapter and has been approved for return to service by a person authorized by§43.7 ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter.8. VISUAL SYSTEMS LLC Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitledMaintenance records, subsections (a) and (b), state the following:
(a) Except for work performed in accordance with§§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) ofthis section: (I) Records ofthe maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include- (i) A description (orreference to data acceptable to the Administrator) ofthe work performed; and (ii) The date ofcompletion ofthe work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor.

(ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance.

(iii)The time since last overhaul ofall items installed onthe aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including thetime sincethe last inspection required by the inspection program underwhich the aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive numberand revision date. Ifthe AD orsafety directive involves recurring action, the time and date when the next action is required.

(vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alteration tothe airframe and currently installed engines, rotors, propellers, and appliances.(b) The owneroroperator shall retain the following records for the periodsprescribed:
(1) The records specified in paragraph (a)(l) ofthis section shall be retained until the work is repeated or superseded by other work orfor 1yearafterthe work is performed. (2) Therecords specified 

### in paragraph (a)(2) ofthis section shall beretained and transferred with the aircraft atthe time the aircraft is sold. (3) A listofdefects furnished to a registered owneroroperatorunder§ 43.11 ofthis chaptershall be retained until the defects are repaired and the aircraft is approved for return to service.

C.TheExtentOfReliefVISUAL SYSTEMSLLC SeeksAnd TheReason TheVISUAL SYSTEMS SeeksTheRelief. 1. Extent OfReliefVISUAL SYSTEMS LLC Seeks And The Reason The VISUAL SYSTEMS LLCSeeksReliefFrom Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled 

### Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flighthour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This reliefis requested since the limitations set forth in Section 61.lB(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraft does not carry passengers or property for compensation orhire. As set forth more fully below, VISUAL SYSTEMS LLC submits that an equivalent level ofsafety will be maintained because no PIC will be allowed to operatethe 

### Dil Phantom 3 UAS unlessthat PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.
Further, VISUAL SYSTEMS LLC submits that all flights ofthe DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to VISUAL SYSTEMS LLC's business; and (2) will notcarry passengers orproperty for compensation orhire.2. Extent OfReliefVISUAL SYSTEMS LLC Seeks And The Reason VISUAL SYSTEMS LLC SeeksReliefFrom Section 91.7(a). Relieffrom Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow VISUAL SYSTEMS LLC to determine thatthe OJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., VISUAL SYSTEMS LLC Aerial Operations Manual, Monthly Maintenance Log, and OJI Phantom 3 Instruction Manual). VISUAL SYSTEMS LLC seeks the requested reliefbecause the OJI Phantom 

### 3 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, VISUAL SYSTEMS LLC will ensure that the OJI Phantom 3 UAS are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and OJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitationsbelow.

3. Extent OfReliefVISUAL SYSTEMS LLC Seeks And The Reason VISUAL SYSTEMS LLC SeeksReliefFrom Section 91.121. Relieffrom Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), VISUAL SYSTEMS LLC seeks the requested reliefbecause the DJI Phantom 3 UA's altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CPR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level ofsafety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensorand GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information ofthe UA on theheads-up display ofthe GCS.

4. Extent OfReliefVISUAL SYSTEMS LLC Seeks And The Reason VISUAL SYSTEMS LLC SeeksReliefFrom Section 91.15l(b). Relieffrom Section 91.151(b) entitled Fuel requirements for flight in VFRconditions, is requested to the extent required to allow flights ofthe battery powered OJI Phantom 3 UAS during daylighthours in visual meteorological conditions (VMC), undervisual flight rules (VFR), for a total duration of23 minutes. VISUAL SYSTEMS LLC seeksthe requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthebattery powered OJI Phantom 3 UAS will severely constrain the practicality ofany aerial video or still photo flight operationsthat VISUAL SYSTEMS LLC proposes to conductpursuanttothis Petition. Significantly, as set forth below, the technical specifications ofthe OJI Phantom 3 UAS, the DJI Phantom 3 operating documents, and VISUAL SYSTEMS LLC's proposed operating limitations, ensure that VISUAL SYSTEMS LLC will safely operate the battery powered OJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enoughbattery powerto fly for a total duration of23 minutes.



### S. Extent OfReliefVISUAL SYSTEMS LLC Seeks And TheReason VISUAL SYSTEMS LLC Seeks ReliefFrom Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b).

Since Sections 91.405(a), 91.407{a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & {b) only apply to aircraft with an airworthiness certificate, VISUAL SYSTEMS LLC requests relief from these Sections because the OJI Phantom 3 UAS do not require airworthiness certificates. As set forth more fully below, the OJI Phantom 3 UAS meet the conditions ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly, VISUAL SYSTEMS LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the VISUAL SYSTEMS LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, VISUAL SYSTEMS LLC will document and maintain all maintenance records for the OJI Phantom 3 UAS.



### D. The Reasons Why Granting VISUAL SYSTEMS LLC Request Would Be In The Public Interest; That

### Is, How It

### Would BenefitThePublicAs

### A Whole. Granting the present Petition will further the public interest by allowing VISUAL SYSTEMS LLC to safely, efficiently, and economically perform aerial video and photography ofconstruction sites, real estate, events and civic landscape over certain areas ofthe United States. Additionally, use ofthe OJI Phantom 3 UAS will decrease congestion ofthe NAS, reduce pollution, and provide significantbenefits to the economy. Notably, the benefits ofVISUAL SYSTEMS LLC's proposed operation ofthe OJI Phantom 3 UAS will be realized without implicating any privacy issues.

1. 

### ThePublicWill BenefitFrom Decreased Congestion OfTheNAS. The DJI Phantom 3 UAS are battery powered and serve as a safe, efficient, and economical alternative tothe manned aircrafttraditionally utilized to obtain aerial imagery. By reducing theamount ofmanned aircraftneeded to perform aerial acquisitions, an exemption allowing the use ofa OJI Phantom 3 UAS would reduce the amount ofmanned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety oflife and property in the airand on the ground. Furthermore, by reducing the number ofmanned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The OJI Phantom 3 UAS do not require an airport to takeoffor land. Likewise, a reduction ofmanned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases offlight operations.



### 2. ThePublic Will BenefitFrom The Safety And Efficiency OfTheDJIPhantom 3 UAS. Conducting aerial acquisitions with the OJI Phantom 3 UAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the OJI Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour ofleaded aviation fuel. The OJI Phantom 3 UAS, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, ratherthan an internal combustion engine. By using the OJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to 

### life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack offlight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of23.2 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, a length of34 feet, and a fuel capacity of180 gallons). 

### 3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 UAS Will BenefitTheEconomy. In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation ofthe DJI Phantom 3 UAS will allow United States based companies, like VISUAL SYSTEMS LLC, to remain competitive and contributeto growth ofthe U.S. economy. Specifically, with the rising costof aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternativetechnology in order to remain competitive. Operating the battery powered OJI Phantom 3 UAS is one such technologythat not only allows companies greateroperationalflexibility compared to manned aircraft, butprovides such flexibility withoutthe high operational cost ofa traditional manned aircraft. By operating the OJI Phantom 3 UAS, companies such as VISUAL SYSTEMS LLC, can remain competitive and profitable, and therefore, provide greaterjob stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance of U.S. companies, through commercial use ofthe OJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal 

### tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.



### 4. ThereAreNo PrivacyIssues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, VISUAL SYSTEMS LLC's proposed operation ofthe OJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the OJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., VISUAL SYSTEMS LLC Aerial Operations Manual, Monthly Maintenance Log, and OJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 • §91.119. 

### • TheReasons Why GrantingTheExemption WouldNotAdversely Affect Safety, Or How TheExemption Would ProvideA Level OfSafety AtLeastEqualToThatProvided By TheRuleFrom Which VISUAL SYSTEMSLLC SeeksExemption.

1. Reasons Why The DJI Phantom 3 OAS Meet The Conditions OfThe FAA Modernization and Reform Actof2012 (FMRA) Section 333. In consideration ofthe size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, VISUAL SYSTEMS LLC's operation ofthe DJI Phantom 3 UAS meet the conditions ofFMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users ofthe NAS orthe public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.--Notwithstandinganyotherrequirement of this subtitle, andnotlaterthan 180days afterthe date of enactmentof thisAct, the Secretaryof Transportation shall determine 

### if certain unmannedaircraftsystemsmayoperate safely in the national airspace system before completion of theplanandrulemakingrequiredbysection332 of thisActortheguidance requiredbysection 334of thisAct.(b) Assessmentof UnmannedAircraftSystems.--Inmakingthe determination under subsection (a), the Secretaryshalldetermine, ata minimum- (1) which types of unmannedaircraftsystems, 

### if any, asa result of theirsize, weight, speed, operationalcapability,proximityto airportsand populatedareas, andoperation within visual line of sightdo notcreate a hazardto usersof the nationalairspace system orthepublicor pose a threatto nationalsecurity; and

(2) whethera certificate of waiver, certificate of authorization, orairworthiness certification undersection44704 of title 49, UnitedStates Code, is required for the operation of unmannedaircraftsystems identifiedunderparagraph(]).

(c) Requirements forSafe Operation.--Jfthe Secretarydetermines underthis section that certain unmannedaircraftsystems mayoperatesafely in the nationalairspace system, the Secretaryshallestablish requirements for the safe operation of suchaircraftsystems in the nationalairspace system.


### In seeking this exemption, VISUAL SYSTEMS LLC submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics ofthe DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

### a. TheSpecifications OfThe

## nnPhantom 3 OAS DemonstrateIts SafeCharacteristics. The DJI Phantom 3 UAS does not create a hazard to users ofthe NAS orthepublic, orotherwise pose a threat to national security considering its size, weight, speed, and operational capability. 

### i. Technical Specifications OfTheDJIPhantom 3 OAS. The technical specifications ofthe DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User Manual, attached hereto asAppendix A. 

### ii. The DJI Phantom 3 UAS Global Positioning Modes Enable The UAS To Remain Within ADefined OperationalArea. The DJI Phantom 3 UAS may be operated in both manual and global positioning flight modes. A complete description ofthe flight and navigational modes ofthe OJI Phantom 3 UAS is provided at pages 11 ofthe DJI Phantom 3 UserManual attached hereto asAppendixA. iii.

### TheDJIPhantom 3 UAS Are Designed ForAutomatic Return To Home Point Or HoverInTheEvent OfLoss OfTheControlLinkOrNavigation. When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) viaGPS, and will descendto thetakeoffposition and shutdown.A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 UAS are set forth at pages 12 through 14 ofthe DJI Phantom 3 User Manual, attached hereto as Appendix A. 

### iv. The

## DnPhantom 3 GCS And Its Operation. A complete description ofthe operation and specifications ofthe DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 ofthe DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as Appendix A. 

### b. Flight Operations Of

## Dn Phantom 3 UAS Is Limited To The Line OfSight OfA Certificated Pilotin Command With A Safety Observer. VISUAL SYSTEMS LLC video production staff will be the only persons to act as a pilot in command (PIC) ofthe DJI Phantom 3 UAS. Additionally, a safety observer will assist him at all times during flight time.



### c. Flights OfDJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, VISUAL SYSTEMS LLC proposes to commercially operate DJI Phantom 3 UAS for the special purpose ofconducting aerial video and photography over certain areas ofUnited States, pursuantto the following specific operating limitations.1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 

### 55 pounds maximum gross weight: OJI Phantom 3 Unmanned Aircraft Systems. Proposed operations ofany otheraircraft will require a new petition ora petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose ofaerial video and photography. 3. The UAS may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UAS must be operated within visual line ofsight (VLOS) ofthe 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'sFAA-issued airman medical certificate.

6. The use offirst person view (FPV) bythePIC or safety observer (SO) is not permitted.7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO 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 ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operatethe camera orother instruments. 9. The operating documents and the grant ofexemption must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption 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 upon request. The operator must also present updated and revised documents ifit petitions for extension or amendment to the grant of exemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for 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.

10. Priorto each flight the PIC must inspectthe UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe 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. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterationsthat affectthe UAS operation or flight characteristics, e.g. replacement ofa flight critical componen~ must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipmen~ not already covered in the relevant sections of the operatingdocuments. 13. The operator must follow the UAS manufacturer's aircraft/componen~ maintenance, overhaul, replacement, inspection, and life limit requirements.

### 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a sport pilot certificate and at least a current driver's license. 18. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 

### 61.51(b). Flights for the purposes oftraining the operator's PICs are permitted under the terms ofthe 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 C.F.R. §

### 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § I.I. 

### All operations must be conducted under visual meteorological conditions (VMC). Ifflight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter ofagreement with the airport management mustbe made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 22. If

### the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be 

### recovered in accordance with the operating documents.23. The PIC must abort the flight 

### in the event ofunpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing pointand land the U A with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOT AM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class ofairspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission (FCC) or other appropriate governmentoversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations must 

### be conducted at least 500 feet from all nonparticipating persons (persons otherthan the PIC, SO, operatortrainees oressential persons), vessels, vehicles, and structures unless:
Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk of operating closer to those objects and determined that itdoes notpresentanundue hazard, and;Operations nearer to the PIC, SO, operator trainees or essential persons do not presentan undue hazard to those persons per§ 91.119(a). 32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must be reported 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.



### 2. Reasons Why An Exemption From The Requirements OfSection 61.113(a) And (b) Would NotAdversely Affect Safety. VISUAL SYSTEMS LLC submits that the equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the Oil Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the OJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering VISUAL SYSTEMS LLC's proposed area ofoperations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the OJI Phantom 3 UAS, VISUAL SYSTEMS LLC submits thatthe additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for VISUAL SYSTEMS LLC's specific proposed flight operations.

The FAA has previously granted relief from Section 61.l 13(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, II064, 11065, 11066, II067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, ll153, 11156, 11158, 11159, 11160, 11161). VISUAL SYSTEMS LLC will not allow any PIC to operate the OJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements orthe OJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the OJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a mannerconsistent with 14 C.F.R. § 61.5l(b), 25 hours oftotaltime as a UAS rotorcraft pilot (with a minimum of5 hours ofthosehours as a UAS pilotoperating the same make and model ofUAS to be used for operations underthe exemption). In additiontothehourrequirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90days (for currencypurposes).
As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during VISUAL SYSTEMS LLC's proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose ofmotion picture filming (or similaroperations), the PIC musthave accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of

### 5 hours as a UAS pilot operating the same make and model ofUAS to 

### be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the IO hours ofmulti-rotor time and the 10 hours may be included in the total 25 hours ofUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is required to operatethe UA with appropriate distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 atpage 15. Accordingly, VISUAL SYSTEMS LLC 

### will ensure safe operations by not allowing any PIC to operate the OJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, thatthe PIC is able to safely operate the OJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.



### 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, VISUAL SYSTEMS LLC will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).



### 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level ofsafety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with VISUAL SYSTEMS LLC's operation ofthe DJI Phantom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level ofsafety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established bythe UAS atground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).



### 5. Reasons Why An Exemption From The Requirements Of Section 91.15l(b) Would Not Adversely Affect Safety. A grant ofthis exemption would ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.15l(b) as a result of(1) the technical specifications ofthe DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location ofthe proposed flight operations. Accordingly, VISUAL SYSTEMS LLC will ensure that it will safely operate the battery powered OJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery powerto fly for atotal duration of 23 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe OJI Phantom 3 UAS; the limitations onthe proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 UAS provide audible and visual warnings to the PIC atthe GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately I0% remainingbatterypower. Atthe critically low battery level, the OJI Phantom 3 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. Reliefhas been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relieffrom Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, l0808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).



### 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), And 91.417(a) & 

### (b) Would NotAdversely Affect Safety.

In seeking this exemption, VISUAL SYSTEMS LLC submits that the equivalent level ofsafety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be met because VISUAL SYSTEMS LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., VISUAL SYSTEMS LLC Aerial Operations Manual, Monthly Maintenance Log, and OJI Phantom 3 Instruction Manual). Furthermore, VISUAL SYSTEMS LLC will document and maintain all maintenance records for the OJI Phantom 3 UAS.

Since the OJI Phantom 3 UAS will be inspected as prescribed by the operating documents, VISUAL SYSTEMS LLC will maintain the equivalent level of safety established by Sections 91.405(a}, 91.409(a)(l), and 91.409(a)(2). A copy ofthe OJI Phantom 3 User Manuals are attached hereto as Appendix A and B; a copy of the OJI Phantom 3 UAS Maintenance LOG is attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because VISUAL SYSTEMS LLC will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents.
Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe OJI Phantom 3 

### VAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(l}, 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristicsand operating limitationsofthe UAS are considered.In consideration of VISUAL SYSTEMS LLC's proposed operating limitations, the operating documents, and the technical aspects ofthe OJI Phantom 3 UAS, VISUAL SYSTEMS LLC submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(l) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, I 1109, 111 IO, 1 I 112, I 1136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).



### 7. TheFAA May PrescribeAny OtherConditionsForSafe Operation. In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R. § 2I.I 6 entitled Special Conditions, VISUAL SYSTEMS LLC requests that the FAA prescribe special conditions for the intended operation ofthe OJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) 

### & (b), 91.7 (a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) 

### & (b). Such special conditions will permit safe operation ofthe UAS for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe UAS in the NAS.
Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation ofthe OJI Phantom 3 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features ofthe aircraft. Section 2 I.16, entitled Special Conditions, statesthe following:

Ifthe FAA finds that the airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine orpropeller as the FAA finds necessary to establish a level ofsafety equivalent to that established in the regulations. See 14 C.F.R. 

### § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge's intended operation ofthe OJI Phantom 3 UAS, which contain such safety standardsthatthe Administrator finds necessary to establish a level ofsafety equivalentto thatestablished by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections61.113(a) 

### & (b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) 

### & (a)(2), and 91.417(a) & (b). • A SummaryThat Can Be Published In The Federal Register, stating: TheRules From Which VISUAL SYSTEMS LLC SeeksExemption:

VISUAL SYSTEMS LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&{b), 91.7(a), 91.121, 91.15l(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and91.417(a) & (b). A BriefDescription OfTheNatureOfTheExemption VISUAL SYSTEMSLLC Seeks:

This exemption willpermit VISUAL SYSTEMS LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose ofconducting aerial video andphotography over certainareas of the UnitedStates.

• AnyAdditionalInformation,Views, OrArgumentsAvailableTo SupportVISUAL SYSTEMS LLC'sRequest.

This Petition is made pursuantto the FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directs the Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. As such, VISUAL SYSTEMS LLC's request for exemption may be granted pursuant to the authority ofFMRA Section 333 and 14 C.F.R. Part 11, as setforth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, VISUAL SYSTEMS LLC will operate the OJI Phantom 3 UAS safely in the NAS, without creating a hazard to users ofthe NAS, orthe public, orotherwise pose a threat to national security. CONCLUSION As set forth herein, VISUAL SYSTEMS LLC seeks an exemption pursuantto 14 C.F.R. § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation ofthe OJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial video and photography over certain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing VISUAL SYSTEMS LLC to safely, efficiently, and economically operate the OJI Phantom 3 UAS commercially within the NAS.WHEREFORE, in accordance with the Federal Aviation Regulations and the FAAModernization and Reform Act of2012, Section 333, VISUAL SYSTEMS LLC respectfully requests thatthe Administratorgrantthis Petition for an exemption from therequirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(I), 9l.409(a)(I) & (a)(2), and 9l.417(a) & (b), and permit Leading Edge to operate the

## on Phantom 3 UAS commercially for the purpose ofconducting aerial video and photography overcertain areas ofthe United States. Dated: Respectfully submitted,
Charles Rohr 

### 13002 East39111 

### Lane Spokane Valley, WA 99206 Crohr530@gmail.com 509 991-3667

dj i.com/downloads/phantom 3/en/Pha ntom 3 Professional User Manual v 1.2 en.pdf