FAA-Application for Exemption

RealSkyPics 

May 18, 2015

Page 1 of 12

Les Valsquier

Freeborn Concepts LLC, dba RealSkyPics

1125 300th St. NW

Stanwood, WA 98292

425.971.4999

lesval@gmail.com

18 May, 2015

U.S. Department of Transportation

Federal Aviation Administration

Docket Management System

Shell Docket FAA-2007-0001

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments: 

1) Phantom 2 Vision+ User Manual (EN) v1.8

2) Phantom 2 Vision+ Pilot Training Guide (EN) v1.1

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 in the 

matter of the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the 

matter of the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11395 Regulatory Docket No. FAA-2015-0162 in the matter 

of petition of STRAW Investment Group LLC

4) FAA Exemption No. 11462 Regulatory Docket No. FAA-2015-0269 in the matter 

of petition of SKY CATCH, Inc

SUMMARY

On behalf of Freeborn Concepts LLC (dba RealSkyPics) Les Valsquier seeks 

exemption from the requirements of 14 C.F.R §§ 45.23, 61.113(a) & (b), 

91.9(b)(2), 91.119(c), 91.121, 91.151(a) & (b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a) (2), and 91.417(a) & (b), to operate an Unmanned Aircraft 

System (UAS) pursuant to Section 333 of the FAA Modernization and Reform Act 
FAA-Application for Exemption

RealSkyPics 

May 18, 2015

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of 2012 (FMRA). This exemption will permit operation of a UAS for the commercial 

purposes of conducting aerial video and photography of construction and real 

estate sites, and for agricultural/forestry imaging and support consultation. 

RealSkyPics proposes to operate the UAs in rural and suburban areas primarily in 

Washington and Oregon, for commercial gain in real estate and agricultural 

monitoring, as well as to offer community services such as search and rescue on 

a pro bono basis.

As demonstrated in this petition, RealSkyPics is burdened by being prohibited 

from commercial operation of its UAS by the above existing provisions of 14 CFR, 

adopted before and without reference to the current development of commercially 

viable Unmanned Aerial Vehicles. Pending FAA's adoption of rules specifically 

tailored to such use, RealSkyPics requests these exemptions because it is in the 

public interest to provide the commercial services described now, and because 

the services can be provided at a level of safety at least equal to that provided by 

the specified rules as well as by the proposed new regulations published in the 

Federal Register on February 23, 2015. 

I. THE UAS

RealSkyPics will operate UAS DJI Phantom 2 Vision+ (Phantom 2). The 

Secretary of Transportation has determined that this aircraft meets the conditions 

of Section 333. Hence relief from 14 CFR Part 21, Subpart H (Airworthiness 

Certificates) and associated matters are not necessary. See STRAW.

Safety features included in Phantom 2 provide a level of safety that far exceeds 

those required by the FAA. These include state-of-the-art features for GPS 

navigation, return home capability, programmability, airport vicinity no-fly feature 

and restricted altitude feature. Phantom 2 differentiates radio frequency (RF) for 

aircraft controller/receiver from that controlling the camera and complies with FCC 

regulations. See Attached User Manual. 

Phantom 2 is light, less than 3 pounds including battery and camera. It 

incorporates an automatic return home feature that directs the craft back to point 

of takeoff should communication with the transmitter be lost. Phantom 2 accepts 

software upgrades. It has cruising speed of 15 knots, with a maximum speed of 29 

knots. Maximum flight time is 25 minutes. 
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RealSkyPics 

May 18, 2015

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The Phantom has an additional communication link between the camera and craft 

on a different RF for a smart phone connection. These allow the operator or Pilot 

in Command (PIC) to monitor battery level, altitude in feet above ground level 

(AGL), distance from PIC, camera imagery, and control camera angle. 

The software for the Phantom allows the operator or PIC to set maximum altitude 

AGL for each flight, allowing customization of flights to no higher than 100 feet, 

150 feet, or 200 feet AGL as an examples. The 400 foot maximum AGL can be 

programmed into the UAS software pre-flight to insure compliance with FAA

standards. Adding to the safety capabilities of this UAS, it is programmed to 

remain in position when controls are released, maintaining altitude and GPS 

location. 

One additional feature is the ability to monitor battery levels on the ground. The 

controller will warn the PIC when the battery life reaches 25 percent or when the 

UAV is reaching a point where it will not be able to returned to home point.

The Phantom has numerous default safety features such as an altitude and GPS 

monitoring function that allows the operator precise determination of height, 

direction of flight and distance from the operator or PIC. The Phantom will return 

to a specified location under emergency circumstances like loss of connectivity 

with controller. low battery or software malfunction. 

The requested exemption would support an application for a commercial 

Certificate of Authorization should a situation arise in which RealSkyPics must 

route the UA above 200 feet.

The FAA has recently approved numerous exemptions allowing similar use of a 

Phantom 2 UAS (e.g. Exemption No. 11395 (Straw)).

PHANTOM 3: RealSkyPics intends to purchase the DJI Phantom 3 UA as soon 

as it is released (imminent), and requests that it be included within the 

authorizations of this application unless doing so would delay approval of this 

application. The Phantom 3 has all of the safety features of the Phantom 2, as 

well as enhanced capabilities. Like the Phantom 2, it is small and lightweight, also 

under 3 pounds. 
FAA-Application for Exemption

RealSkyPics 

May 18, 2015

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II. THE SERVICES

This exemption will permit operation of an UAS for the commercial purposes of 

conducting aerial video and photography of construction and real estate sites, and 

for agricultural/forestry imaging and support consultation.

III. THE PUBLIC INTEREST

In providing an exemption process Congress recognized that there may well be 

publicly beneficial UAS applications that could safely go forward before the FAA

completes formal rulemaking regarding UAS use.

Aerial videography for geographical awareness, crop and forestry management, 

and real estate marketing is not new. However, manned fixed wing aircraft and 

helicopters are too costly for small business owners. With this exemption 

RealSkyPics would provide this service at a much lower cost. Further, our small 

UAS will pose no threat to the public given their small size and lack of combustible 

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

UAS will minimize ecological costs/damage and promote economic growth by 

providing information to companies managing natural resources or looking to 

relocate or build in the areas we service.

Use of UAS avoids the fuel carrying machines previously necessary to obtaining 

critical information. The UAS is safer, environmentally conscious, provides better 

perspectives for decision making; allows more frequent and closer monitoring of 

agricultural/forestry activities resulting in maximally efficient management and 

greater output and economic returns. 

By approving the requested exemption, the FAA will create benefits to the 

economy, to agriculture/forestry, and to the environment, all of which are ultimately 

in the public interest.

IV. SPECIFIC CFRs

RealSkyPics notes that 14 CFR part 21, Subpart (H) mandates an airworthiness 

certificate for any aircraft, and that 14 CFR 91.203 (a) and (b) require such 
FAA-Application for Exemption

RealSkyPics 

May 18, 2015

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certificate to be carried within the cockpit or cabin of any craft in flight. In 

consideration of the size, weight, speed and limited operating area associated 

with small UAVs, the Secretary of Transportation has determined that such 

aircraft, including the specific craft to be used by RealSkyPics, meet the 

conditions of Section 333. Therefore it is not necessary to seek relief from these 

requirements associated with airworthiness certificates.

The petitioner seeks exemption from the above listed CFRs for the following 

reasons:

45.23: If necessary we request an exemption from § 45.23 because the UAV will 

not have a cabin, cockpit or pilot station on which to mark certain words or 

phrases. Two-inch lettering is impossible to place on such a small aircraft. 

RealSkyPics will mark the UAS in the largest possible lettering.

61.113(a) & (b): The petitioner requests relief in order to allow pilots who hold a 

SPORT PILOT (or greater) certificate to serve as the PIC for RealSkyPics 

operations. To the extent that an exemption to 61.101(e)(4) or (5) is also needed, 

this request includes them. Any pilot operating under this exemption would be 

required to comply with any conditions as set forth below, and in a similar fashion 

to the previously granted exemptions. See Exemption No. 11462, Skycatch, May 

5, 2015.

91.9(b)(2) requires an aircraft flight manual in the aircraft. Since this is physically 

impossible for the UAS proposed, RealSkyPics proposes that an equivalent level 

of safety will be achieved by maintaining a safety/flight manual with the UAS 

ground station.

91.119(c) As discussed in Exemption 11138 (TRUDEAU), operations conducted 

closer than 500 feet to the ground may require that the UA be operated closer 

than 500 feet to essential persons or objects that would not be possible under 

existing regulation. The petitioner requests waiver for this condition to allow 

reasonable and responsible operations in areas of low density development as 

required. RealSkyPics will not operate UAS in congested areas, 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. RealSkyPics is prepared to comply with 
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RealSkyPics 

May 18, 2015

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whatever additional conditions the agency finds appropriate to protect persons 

and objects on the ground. 

91.121 As discussed in Exemption 11138 (TRUDEAU) 91.121 is inapplicable 

since the UAS does not have an altimeter and instead utilizes electronic GPS with 

a barometric sensor for altitude information. The necessary information is 

therefore available to the PIC without altimeter concerns.

91.151(a) and (b) As discussed in Exemption 11136 (ADVANCED AVIATION) 

prior relief has been granted for manned aircraft to operate at less than the 

prescribed minimums. In addition, similar UAS-specific relief has been granted in 

Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. 

We request an exemption from § 91.151(a) respecting 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, our 

flights will last less than 15 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 at least 25% battery power remaining.

RealSkyPics also requests relief from § 91.151(b) which would require landing 

when "fuel" (here, battery charge) would allow flight for at least 20 additional 

minutes. Given the Phantom 2's flight duration of about 25 minutes, and 

RealSkyPics' commitment to not exceed 15 minutes per operation, this regulation 

is both unnecessary and not feasible. 

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed and 

approved in Exemption 11138 (TRUDEAU), and in Exemption 11395 (STRAW), 

the petitioner proposes to inspect and ensure that the UAS is in a condition for 

safe flight in accordance with its operating documents. RealSkyPics proposes to 

follow all of the below-listed procedures, conditions and limitations as to 

maintenance, inspection, and recordkeeping. RealSkyPics will perform a preflight 

inspection of the UAS before each flight as outlined in the attached operating 

documents, and of course comply with any additional conditions outlined in a 

grant of exemption.

V. OPERATIONS AND SAFETY
FAA-Application for Exemption

RealSkyPics 

May 18, 2015

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RealSkyPics will abide by at least the following additional operating conditions 

under this exemption, which ensures a level of safety at least equal to existing 

rules:

A. Pilots in Command (PIC)

Any other pilots who would conduct flights will hold a minimum of a FAA Sport 

Pilot License.

Regarding UAS operational training, we have flown numerous practice flights in 

remote areas as 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 our UAS will have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS pilot 

commanding a multi-rotor UAS. 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 takeoffs and landings in the preceding 90 days (for currency 

purposes) prior to any flight.

B. Voluntary Operational Conditions and Limitations

RealSkyPics will comply with all of the following conditions and limitations (as well 

as any others imposed in the FAA decision) should this grant of exemption be 

provided:

Operate the UAS for less than 15 minutes per flight;

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

power;

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 contained in the operating 

documents and will actively analyze flight data and other sources of information to 

constantly update and enhance safety protocols;

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

potential danger.
FAA-Application for Exemption

RealSkyPics 

May 18, 2015

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

power lines, 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 User Manual).

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

documents which is a quad-rotor aircraft weighing less than 3 pounds: PHANTOM 

2 vision Plus or Phantom 3 Unmanned Aircraft System.

2. The UA will not be flown at an indicated airspeed exceeding 30 knots.

3. The UA will be operated at an altitude of no more than 200 feet above 

ground level (AGL), as indicated by the procedures specified in the operating 

documents. 

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

Command (PIC) at all times.

5. 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.

6. 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.

7. 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.

8. The pre-flight 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.
FAA-Application for Exemption

RealSkyPics 

May 18, 2015

Page 9 of 12

9. RealSkyPics will follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements.

10. RealSkyPics 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.

11. Each UAS operated will comply with all manufacturer Safety Bulletins.

12. An authorized person will make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections.

13. 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 consistent 

with the operating documents, including evasive and emergency maneuvers and 

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

14. 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).

15. The UA will not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA- published aeronautical chart.

16. 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.

17. Each UAS operated will comply with all manufacturer Safety Bulletins.

18. 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.

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

emergencies in accordance with the operating documents.
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RealSkyPics 

May 18, 2015

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20. 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 25% battery power remaining.

21. RealSkyPics will obtain an Air Traffic Organization (ATO) issued Certificate 

of Waiver or Authorization (COA) prior to conducting any operations where the UA

will operate above 200 feet AGL, and also request a Notice to Airman (NOTAM) 

not more than 72 hours in advance, but not less than 48 hours prior to such an 

operation.

22. 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.

23. 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.

24. The UA will remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

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

26. 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. RealSkyPics 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 will 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, and
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RealSkyPics 

May 18, 2015

Page 11 of 12

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

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

27. All operations conducted over private or controlled-access property will be 

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.

28. All UAS employed under this exemption will be identified by serial number, 

registered in accordance with 14 CFR part 47.

29. 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 (AFS-80) within 24 hours. 

Accidents will be reported to the National Transportation Safety Board (NTSB) per 

instructions contained on the NTSB Web site: www.ntsb.gov.

VI. FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in 

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

In order to operate commercially a small unmanned vehicle (10lbs or less) for real 

estate and agricultural/forestry functions, applicant RealSkyPics seeks exemption 

from the following rules: 14 C.F.R 45.23(b); 14 C.F.R. §§ 61.113( a) & (b); 91.7(a); 

91.9 (b)(2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 

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

Approval of exemptions allowing commercial operations of small Unmanned Aerial 

Systems (sUAS) for real estate information and in agriculture/forestry management 

provides critical economic information with enhanced safety and reduced risk. 

Manned aircraft monitoring and surveying creates a greater risk because the craft 

are much larger, have combustible fuel, and carry an onboard human pilot. In 

contrast, sUAS powered by batteries eliminate virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The sUAS carry no 

passengers or crew and, therefore, will not expose them to the risks associated with 

manned aircraft flights. Operation of small sUAS conducted in the strict conditions 

required by FAA approval will provide a public benefit at a level of safety supporting 

the grant of the exemptions requested. 
FAA-Application for Exemption

RealSkyPics 

May 18, 2015

Page 12 of 12

VII. PRIVACY

All flights will occur over private or controlled access property with the property 

owner's prior consent and knowledge. Images taken will be of individuals who 

have also consented to being filmed or otherwise have agreed to be in the area 

where aerial photography will take place.

This concludes RealSkyPics application. Please contact me with any questions.

Sincerely,

Les Valsquier

Principle, Freeborn Concepts LLC

dba RealSkyPics

425-971-4999

lesval@gmail.com