Bluhawk LLC | Real Estate Marketing

Owner: Austin Barnes

3265 E Crescent Ave.

Mesa, AZ 85204

austinpbarnes@gmail.com

U.S. Department of Transportation

Federal Aviation Administration

November 16, 2015

Re: Exemption request pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from:

14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR

91.9(b)(2); 14 CFR 91.109; 14 CFR 91.119(C); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR

91.203(a) and (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) and (2); 14

CFR 91.417(a) and (b)

Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and

Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Austin Barnes, owner of Bluhawk

Real Estate Marketing (Bluhawk LLC) which owns and operates an Unmanned Aircraft System

(UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to

allow commercial operation of its UAS, so long as such operations are conducted within and

under the conditions outlined herein or as may be established by the FAA as required by

Section 333.

Commercial operation of an UAS, as described herein, which are equipped with

camera(s) and sensors, would operate in the following manner:

● Aerial photography and/or video for public and/or private use involving real estate

marketing.

● Aerial video/photography or providing live video feed to assist with search and

rescue operations in cases of emergency or natural disaster only when the local

authorities or government request.

Bluhawk LLC operates one DJI Phantom 3 (4) blade quadcopters. The UAS is equipped

with built­in ground support technology that allows it to fly utilizing global positioning system

(GPS) for stability, tracking, safe flight mode and a return­to­home feature in the event of loss of

remote control signal or critical low battery. All flights start with a pre­flight safety check and all

flight data is recorded. The Phantom 3 is equipped with a gimbal mounted camera that sends a

live video signal to the controller allowing the person in control (PIC) to monitor real­time video.
Flight data, speed height, distance, battery level and general aircraft conditions are also

displayed during operation. The Phantom 3 battery has a flight time of 15­20 minutes and is,

therefore, always returned to original takeoff point and always flown according to visual line of

sight (VLOS). Our request for exemption would allow us to offer unique aerial photography and

videography services to our clientele.

How granting the exemption would be in the public interest:

Real Estate photography and videography while using an UAS has increasingly aided

the ability to market homes in a way that no other tool can. It provides a perspective that is

either unattainable or very expensive by other means. The fact that this practice aids in the

marketing and execution of a Real Estate transaction is in fact an asset to the public and

economy. It is also much safer and a lower­risk method rather than using larger aircraft.

UAS Safety Operating Parameters​:

We will abide by the following additional operating conditions under this exemption,

which ensures a level of safety during UAS flight including operating the UAS below 200 feet

and within a radius of 300 feet from PIC always maintaining VLOS and obtaining permission

from the owner of any vessels, vehicles and structures when operations may be conducted

closer than 500 feet to any such vessels, vehicles or structures. We will conduct a safety

assessment of the risk of operating closer to those objects and determine that it does not

present an undue hazard. Other safety operating parameters include:

● Operate the UAS for 15­20 minutes per flight.

● Land UAS prior to the manufacturer's recommended minimum level of battery

power.

● Operate the UAS during daylight hours only within VLOS.

● Utilize the UAS’ GPS flight safety feature whereby it hovers and then slowly lands

if communication with the PIC is lost or battery becomes critically low.

● Always obtain all necessary permissions prior to operation.

● Have procedures in place to abort flights in the event of safety breaches or

potential danger.

● Review weather reports prior to flight and never operate UAS in unsafe

conditions, high wind, low clouds or conditions that hinder visibility.

● Only operate in safe environments that are strictly controlled, are away from

power lines, elevated lights, airports and densely populated areas.

● Also conduct extensive preflight inspections and protocols during which safety

carries primary importance.

The PIC will also have a minimum of ten hours logged on this craft and 15 hours

minimum flying UAS quadcopters under varying conditions and environments and will follow all
safety protocol of Bluhawk LLC as well as guidelines of 14 CFR §61.51(b) having the ability to

safely operate the UAS in a manner consistent with the operating documents, including evasive

and emergency maneuvers and maintaining appropriate distances from people.

Specific Exemptions Requested​:

Given the size, weight, speed and limited operating area associated with the UAS, we

feel an exemption from 14 CFR Part 21, Subpart H (Airworthiness Certificates) and 14 CFR

91.203(a) and (b) (certifications required), subject to certain conditions and limitations, is

warranted and meets the requirements for an equivalent level of safety under 14 CFR Part 11

and Section 333 of P.L. 112­95 (Section 333).

We request an exemption from 14 CFR 45.23 Marking of the Aircraft because the UAS

will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further,

the two­inch lettering is difficult to place on such a small aircraft with dimensions smaller than

the minimal lettering requirement. Regardless of this, we can mark the UAS in the largest

possible lettering by placing the word “Experimental” on its fuselage as required by 14 CFR

45.29(f) so that anyone will see the markings.

We request an exemption from 14 CFR 61.113(a) and (b) Private Pilot Privileges and

Limitations: Pilot in Command. The applicant’s UAS do not carry any pilots or passengers nor

property. The Risks attendant to the operation of the UAS is far less than the risk levels inherent

in the commercial activities outlined in 14 CFR §61. The operation and limitations in the flight

operation manual (FOM) will equate to the safe operations of the UAS.

We request an exemption from 14 CFR 91.7(a) which prohibits the operation of an

aircraft without an airworthiness certificate, since there is currently no certificate applicable to

our operation, this regulation is inapplicable. We request an exemption from 14 CFR 91.405(a),

14 CFR 91.407(a)(1), 14 CFR 91.409(a)2) and 14 CFR 91.417(a) and (b) Maintenance

inspections since they only apply to aircraft with an airworthiness certificate. However, as a

safety precaution, we will perform a preflight inspection of the UAS before each flight as outlined

in the attached operating documents.

We request an exemption from 14 CFR 91.9(b)(2) which requires an aircraft FOM in the

aircraft, however, since there are no pilots or passengers on board the aircraft, and given its

size, this regulation is inapplicable. We believe an equivalent level of safety will be achieved by

maintaining a safety/flight manual with the UAS ground station.

We request an exemption from 14 CFR 91.119(c) which prescribes safe altitudes for the

operation of civil aircraft, but allows helicopters to be operated at lower altitudes in certain

conditions. We will not operate our UAS above the altitude of 200 feet above ground level (AGL)

and will also only operate in safe areas away from the public and traffic, thus “providing a level
of safety below those in relation to minimum safe altitudes.” Given the size, weight and

maneuverability and speed of the UAS, an equivalent or higher level of safety will be achieved.

We request an exemption from 14 CFR 91.121 Altimeter Settings, as it is inapplicable

since the UAS utilizes electronic GPS with a barometric sensor. We request an exemption from

14 CFR 91.151(a) Fuel Requirements for Flight in visual flight rules (VFR) conditions. The UAS

is 100 percent electric and low battery alerts are issued. The UAS will be landed at the first alert.

The PIC will not begin a flight unless, considering wind and forecast weather conditions, there is

enough power to fly to the first point of intended landing and, assuming normal cruising speed,

land the UAS with 30 percent battery power remaining.

In Summary​:

We will comply with all of the following conditions and limitations should this grant of

exemption be provided:

1. Operations will be limited to the following aircraft described in the operating

section: DJI Phantom 3 Aircraft System.

2. The UAS will not be flown at an indicated airspeed exceeding 30 mph.

3. The UAS will be operated at an altitude of no more than 200 feet, as indicated by

the procedures specified in the operating section.

4. The UAS will be operated within VLOS of the PIC at all times.

5. Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for

safe flight. If the inspection reveals a condition that affects the safe operation of

the UAS, the UAS will not be operated until the necessary maintenance has been

performed and the UAS is found to be in a condition for safe flight. The Ground

Control Station will be included in the preflight inspection. All maintenance and

alterations will be properly documents in the aircraft records.

6. Any UAS maintenance or alterations that affect the UAS operation or flight

characteristics, e.g. replacement of a flight critical component, will undergo a

functional test flight. The PIC who conducts the functional test flight will make an

entry into the aircraft records.

7. We will follow the UAS manufacturer’s aircraft/component, maintenance,

overhaul, replacement, inspection and life limit requirements.

8. We will carry out maintenance, inspections and record­keeping requirements, in

accordance with the operating documents. Maintenance, inspection and

alterations will be noted in the aircraft records, including total flight hours,

description of work accomplished and the signature of the authorized person

returning the UAS to service.

9. Each UAS operated will comply with all manufacturer's Safety Bulletins.

10. The PIC will also meet the flight review requirements specified in 14 CFR 61.56

in an aircraft in which the PIC is rated on.
11. The PIC will not operate the UAS for the purpose of aerial

videography/cinematography and augmenting real estate listing videos (or similar

operations), unless the PIC has demonstrated and logged in a manner consistent

with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner including

evasive and emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

12. UAS operations will not be conducted during night hours, as defined in 14 CFR

1.1 All operations will be conducted under visual meteorological conditions

(VMC).

13. The UAS will not operate within five nautical miles of an airport reference point as

denoted on a current FAA­published aeronautical chart.

14. If a UAS loses communications or loses its GPS signal, it will return to a

predetermined location within the planned operating area.

15. The PIC will abort a flight in the event of unpredicted obstacles or emergencies in

accordance with the operating documents.

16. The PIC will not begin a flight unless, considering wind and forecast weather

conditions, there is enough power to fly at a normal cruising speed to the

intended landing point and land the UAS with 30 percent battery power

remaining.

17. Before conducting operations, the radio frequency spectrum used for operation

and control of the UAS will comply with the Federal Communications

Commission (FCC) or other appropriate government oversight agency

requirements.

18. The UAS will remain clear and yield the right of way to all manned aviation

operations and activities at all times.

19. The UAS will not be operated by the PIC from any moving device or vehicle.

20. The UAS will not be operated over congested or densely populated areas.

21. Flight operations will 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 UAS and/or

debris in the event of an accident. We will 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 UAS, flight operations must

cease immediately. b. The aircraft is operated near vessels, vehicles or

structures where the owner/controller of such vessels, vehicles or structures has

granted permission 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. c. Operations near to the PIC, VO, operator trainees or essential

persons do not present an undue hazard to those persons per 14 CFR 91.119(a).

22. All operations will be conducted over private or controlled­access property with

permission from the landowner/controller or authorized representative.

Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted.
23. Any incident, accident or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable certificate of

authorization (COA) will be reported to the FAA’s UAS Integration Office

(AFS­80) within 24 hours. Accidents will be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the NTSB

website: www.ntsb.gov.

Thank you for your time and consideration

Austin Barnes

Owner of Bluhawk LLC