October 18, 2015

U.S. Department of Transportation

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of

the Federal Aviation Regulations from: 14 CFR 45.23(b); 61.113(a)&(b); 91.7(a);

91.9(b)(2); 91.119; 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a)(1); 91.409

(a)(1) & (2); 91.417(a)&(b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, David Peterson,

operator of an Unmanned Aircraft System (UAS), hereby apply, 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.

I would like to formally submit for an exemption from part 21, subpart H; and Sections

45.23(b); 61.113(a)&(b); 91.7(a); 91.9(b)(2); 91.119; 91.121; 91.151(a); 91.203(a)&(b);

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a)&(b).

of Title 14, Code of Federal Regulations (14 CFR). This proposed exemption would

allow the operation of unmanned aircraft systems (UAS) for the purpose of aerial

videography and photography for real estate purposes.

Applicant:

David Peterson

37212 N. Kohuana Place

Cave Creek, Arizona 85331

Email: dave.peterson@russlyon.com

Phone: 480­980­0404
Commercial operation of an UAS, as described herein, which are equipped with camera

and sensors, would operate in the following manner:

•Aerial photography and/or videography for public and/or private use including real

estate marketing and other related professional activities.

As described fully below, the requested exemption would permit the operation of a UAS

under controlled conditions in the NAS that would be a) limited, b) controlled, c)

predetermined, and d) will provide safety enhancements to the already safe operations

in the industry presently using conventional aircraft. Approval of this exemption would

thereby enhance safety and fulfill the Secretary of Transportation responsibilities to

“....establish requirements for the safe operation of such aircraft systems in the national

airspace system.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a

PHANTOM 2 UAS. I will operate 2 UAS, the DJI Phantom 3 Pro & the DJI Inspire 1.

Each UAS is comprised of an unmanned aircraft, an attached 4K camera and a

transportable ground station. The Phantom 3 is a quadcopter with a gross weight of 2.8

pounds. It is equipped with four rotors that are driven by electric motors powered by

batteries. This UA has a maximum airspeed of 16 m/s. The DJI Inspire 1, which is a

quadrotor aircraft weighing 6.5 pounds and a max airspeed of 22 m/s. It is equipped

with four rotors that are driven by electric motors powered by batteries. These will be

operated primarily over the Phoenix metro area to augment real estate listing videos

and related business operations.

UAS Operating Parameters

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

ensures a level of safety at least equal to existing rules:

● operate UAS below 300 feet and within a radius distance of 1000 feet from the

controller to aid in direct line of sight visual observation;

● obtain permission from the owner/controller 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;

● operate the UAS for less than 20 minutes per flight;
● land UAS prior to the manufacturer’s recommended minimum level of battery

power;

● operate UAS during daylight hours only within visual line of sight (VLOS);

● use the UAS’ global positioning system (GPS) flight safety feature whereby it

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

● conduct all operations under the flight safety protocols (including posting a

warning sign reading: “Attention Aerial Photography in Progress – Remain Back

50 feet”) contained in the operating documents and will actively analyze flight

data and other sources of information to constantly update and enhance safety

protocols; contact respective airports if operations will be within 5 miles to advise

them of the estimated flight time, flight duration, elevation of flight and other

pertinent information; always obtain all necessary permissions prior to operation;

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

potential danger, only operate in safe environments that are strictly controlled,

are away from powerlines, elevated lights, airports and densely populated areas

(defined by areas depicted in “yellow” on VFR charts and through obtaining

information regarding congested areas from the local Flight Standards District

Office (FSDO); conduct extensive preflight inspections and protocols, during

which safety carries primary importance (reference PHANTOM Flying Flow Chart

and User Manual).

Regarding UAS operational training, I have flown numerous practice flights in remote

areas as a hobbyists simulating flights for future commercial use to gain familiarization

with the characteristics of the UAS performance under different temperature and

weather conditions.

Any PIC operating my UAS will have 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 multirotor. The PIC will also have accumulated

and logged a minimum of 5 hours as a UAS pilot operating the same make and model

of UAS to be used for operations. In addition to the hour requirements, the PIC will

accomplish 3 successful takeoffs and landings in the preceding 90 days (for currency

purposes) prior to any commercial flight.
Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, I feel

an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and §

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.112d95 (Section 333).

I request an exemption from § 45.23 Marking of the aircraft because the UA will not

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further,

the two inch lettering is difficult to place on such a small aircraft with dimensions smaller

than the minimal lettering requirement. Regardless of this, I can mark the UAS in the

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

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

I request an exemption from § 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.

I request an exemption from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and

(b) Maintenance inspections since they only apply to aircraft with an airworthiness

certificate. However, as a safety precaution I will perform a preflight inspection of the

UAS before each flight as outlined in the attached operating documents.

I request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the

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

its size, this regulation is inapplicable. I believe an equivalent level of safety will be

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

I request an exemption from § 91.119 which prescribes safe altitudes for the operation

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

conditions. I will not operate my UAS above the altitude of 300 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 at least equivalent to or below those in relation to minimum

safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, an

equivalent or higher level of safety will be achieved.

I request an exemption from § 91.121 Altimeter settings as it is inapplicable since the

UAS utilizes electronic GPS with a barometric sensor.
I request an exemption from §91.151(a) Fuel requirements for flight in VFR conditions.

The UAV is 100% electric and two low battery alerts are issued per the operating

documents, the UAV will be landed at the first alert. Also, my flights will last no more

than 20 minutes each, and the UAS has an automated function, which results in

immediate landing when a low battery is detected. 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 UA with

30% battery power remaining.

Public Interest

Aerial photography and videography for real estate and events are proven strategies to

enhance marketing efforts and increase business success. The industry is not new.

However, until recently it was conducted through the use of energy wasteful & costly

manned aircraft, a prohibitive business activity for small companies. By granting this

exemption I would be able to provide this affordable service to all of my real estate

clients..

Further, the small UAS will poses no threat to the public given its small size and lack of

combustible fuel when compared to larger manned aircraft. Additionally, the operation of

our UAS will minimize harm to the environment economic growth by providing

information to companies and the public looking to relocate or build in the metro areas

we service.

Summary

I will comply with all of the following conditions and limitations should this exemption be

provided:

1)Operations will be limited to the following aircrafts described in the operating

documents, a DJI Phantom 3 Pro, which is a quadrotor aircraft weighing 2.8 pounds

with a max airspeed of 16 m/s & a DJI Inspire 1, which is a quadrotor aircraft weighing

6.5 pounds and a max airspeed of 22 m/s.

2)The UAS will not be flown at an indicated airspeed exceeding 50 knots.

3)The UAS will be operated at an altitude of no more than 300 feet above ground level

(AGL), All altitudes reported to ATC must be in feet AGL.

4)The UAS will be operated within visual line of sight (VLOS) of the Pilot In Command

(PIC) at all times.
5)

All operations will utilize a visual observer (VO). The UAS will be operated within the

visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to

communicate verbally at all times. The PIC will be designated before the flight and will

not transfer his or her designation for the duration of the flight. The PIC will ensure that

the VO can perform the functions prescribed in the operating documents.

6)The operating documents will be accessible during UAS operations and made

available to the Administrator upon request. Any revisions to the operating documents

will be presented to the Administrator upon request.

7)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

documented in the aircraft records.

8)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 in the

aircraft records.

9)The pre­flight inspection section in the operating documents will account for all

discrepancies, i.e. inoperable components, items,or equipment, not already covered in

the relevant sections of the operating documents.

10)We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements.

11)We will carry out maintenance, inspections, and record keeping 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.

12)Each UAS operated will comply with all manufacturer Safety Bulletins.

13)An authorized person will make an entry in the aircraft record of the corrective

action taken against discrepancies discovered between inspections.

14)UAS operations will be conducted by a PIC possessing at least a private pilot

certificate. 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 his or her pilot certificate.

15)Prior to operations conducted for the purpose of aerial videography/photography

and for real estate listing videos and public and private events and similar operations,

the PIC will have accumulated and logged, in a manner consistent with 14 CFR

61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least

10 hours logged as a UAS pilot with a multirotor.
16)

Prior to operations conducted for the purpose of aerial videography/photography

and for real estate listing videos and public and private events and similar operations,

the PIC will have accumulated and logged, in a manner consistent with 14 CFR

61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS

to be used in operations. The PIC will accomplish 3 successful takeoff and landings in

the preceding 90 days.

17)The PIC will not operate the UAS for the purpose! of aerial

videography/photography and for real estate listing videos and public and private events

and 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

consistent with the operating documents, including evasive and emergency maneuvers

and maintaining appropriate distances from people, vessels, vehicles and structures.

18)UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All

operations will be conducted under visual meteorological conditions (VMC).

19)The UA will not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA published aeronautical chart.

20)The UA will not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

21)If a UA loses communications or loses its GPS signal, it will return to a

predetermined location within the planned operating area and land or be recovered in

accordance with the operating documents.

22)The PIC will abort a flight in the event of unpredicted obstacles or emergencies in

accordance with the operating documents.

23)The PIC will not begin a flight unless (considering wind and forecast weather

conditions) there is enough power to fly at normal cruising speed to the intended

landing point and land the UA with 30% battery power remaining.

24)We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations, and also request a Notice to

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior

to the operation.

25)Before conducting operations, the radio frequency spectrum used for operation and

control of the UA will comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.

26)The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC

at the Ground Control Station of the UAS any time the UAS is operating. These

documents will be made available to the Administrator or any law enforcement official

upon request.

27)The UA will remain clear and yield the right of way to all manned aviation operations

and activities at all times.
28)

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

29)The UA will not be operated over congested or densely populated areas.

30)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 UA 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 UA, flight operations must cease immediately and/or;

b. 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, and;

c. c. Operations nearer to the PIC, VO, operator trainees or essential persons do

not present an undue hazard to those persons per § 91.119(a).

31)All operations will be conducted over private or controlled access 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.

32)Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable 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.

If you have questions or need additional information, please contact me at:

dave.peterson@russlyon.com or 480­980­0404

Thanks

David Peterson