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- Application for Exemption RealSk yPics May 18, 2015 Page 

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### 12 Les V alsquier Freeborn Concept s LLC, dba RealSkyPics

11 25 300th St. NW St anwood, W

A 98292 425.971.4999 

### lesval@gmail.com
18 May, 2015
U.S. Department of T ransportation Federal Aviation Administration Do cket Management System Shell Docket F

AA

- 2007

- 0001 RE: Exemption Request Section 333 of the F AA Reform Act of 2012
Attachments : 1) Phantom 2 Vision+ User Manual (EN) v1.8 2) Phantom 2 Vision+ Pilot T raining Guide (EN) v1.1
References **:** 1) F AA Exemption No. 1 11 38, Regulatory Docket No. F AA

- 2014

- 0481 in the matter of the petition of DOUGLAS **TRUDE AU**  2) F AA Exemption No. 1 11 36, Regulatory Docket No. F AA

– 2014

– 0508 in the matter of the petition of **ADV ANCE**  **D AV**  **IA**

**TION** SOLUTIONS LLC 3) F AA Exemption No. 1 1395 Regu latory Docket No. F AA

- 2015

- 0162 in the matter of petition of **STRA**

**W** Investment Group LLC 4) F AA Exemption No. 1 1462 Regulatory Docket No. F AA

- 2015

- 0269 in the matter of petition of **SKY**

**CA TCH**  , Inc
**SUMM ARY**  On behalf of Freeborn Concepts LLC (dba RealSkyPics) Les V alsquier seeks exemption from the requirements of 14 C.F .R §§ 45.23, 61.1 13(a) & (b), 91.9(b)(2), 91.1 19(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 F AA Modernization and Reform ActFA

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### 12 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 consult ation. RealSkyPics proposes to operate the UAs in rural and suburban areas primarily in Wa shington and Oregon, for commercial gain in real estate and agricultural monitoring, as well as to of fer 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 de velopment of commercially viable Unmanned Aerial V ehicles. Pending F

AA'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 b ecause 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 UA S**  RealSkyPics will operate UAS DJI Phantom 2 Vision+ (Phantom 2). The Secret ary of T ransportation has determined that this aircraf t meets the conditions of Section 333. Hence relief from 14 CFR Part 21, Subpart H (Airworthiness Certificates) and associated matters are not necessary

. See STRA W. Safety features included in Phantom 2 provide a level of safety that far exceeds those required by the F AA. These include state

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- art features for GPS navigation, return home capability, programmability, airport vicinity no

- fly feature and re stricted altitude feature. Phantom 2 dif ferentiates radio frequency (RF) for aircraf t controller/receiver from that controlling the camera and complies with FCC regulations. See Att ached User Manual. Phantom 2 is light, less than 3 pounds including batt ery and camera. It incorporates an automatic return home feature that direct s the craf t back to point of takeof f should communication with the transmitter be lost. Phantom 2 accepts sof tware upgrades. It has cruising speed of 15 knots, with a maximum speed of 29 knots. Maximum flight time is 25 minutes.FA

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### 12 The Phantom has an additional communication link between the camera and craft on a dif ferent RF for a smart phone connection. These allow the operator or Pilot in Command (PIC) to monitor battery level, al titude 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 AGLfor 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 AGLcan be programmed into the UAS sof tware pre

- flight to insure compliance with F AA st andards. 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 UA V is reaching a poi nt 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 op erator 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 F AA has recently approved numerous exemptions allowing similar use of a Phantom 2 UAS (e.g. Exemption No. 1 1395 (Straw)). PHANT OM 3 : RealSkyPics intends t o purchase the DJI Phantom 3 UA as soon as it is released (imminent), and request s 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.FA

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### 12 **II. THE**  **SER**

**VICES** This exemption will permit operation of an UAS for the commercial purposes of conducting aerial video and photog raphy 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 c ould safely go forward before the F AA 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 ar e 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 aircraf t. Additionally, the operation of our UAS will minimize ecological cost s/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 a voids 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 act ivities resulting in maximally efficient management and greater output and economic returns. By approving the requested exemption, the F AA will create benefit s to the economy, to agriculture/forestry, and to the environment, all of which are ultimately i n the public interest. **IV . SPECIFIC CFRs**  RealSkyPics notes that 14 CFR part 21, Subpart (H) mandates an airworthiness certificate for any aircraf t, and that 14 CFR 91.203 (a) and (b) require suchFA

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### 12 certificate to be carried within the cockpit or cabin of a ny craft in flight. In consideration of the size, weight, speed and limited operating area associated with small UA

Vs, the Secretary of T ransportation has determined that such aircraf t, including the specific craf t to be used by RealSkyPics, meet the cond itions of Section 333. Therefore it is not necessary to seek relief from these requirement s 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 UA V will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. T

wo - inch lettering is impossible to place on such a small aircraf t. RealSkyPics will mark the UAS in the largest possible lettering. **61.1 13(a) & (b):**  The petitioner request s relief in order to allow pilots who hold a SPORT PILOT

(or greater) certificate to serve as the PIC for RealSkyPics operations. T

o the extent that an exemption to 61.101(e)(4) or (5) is also needed, th is 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. 1 1462, Skycatch, May 5, 2015. **91.9(b) (2)**  requires an aircraf t 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.
**91.1 19(c)**  As discussed in Exemption 1 11 38 (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 request s 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 publi c and traf fic, 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. RealSky Pics is prep ared to comply withFA

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### 12 whatever additional conditions the agency finds appropriate to protect persons and object s on the ground.
**91.121** As discussed in Exemption 1 11 38 (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 1 11 36 (ADV ANCED AV IA

TION) prior relie f has been granted for manned aircraf t to operate at less than the prescribed minimums. In addition, similar UAS

- specific relief has been granted in Exemption Nos. 881 1, 10808, and 10673 for daytime, VFR conditions. We request an exemption from § 91.151(a ) respecting fuel requirement s for flight in VFR conditions. The UA V is 100% electric and two low battery alerts are issued; per the operating document s, the UA V will be landed at the first alert. Also, our flight s 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 landi ng 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 mi nutes. 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)** A s discussed and approved in Exemption 1 11 38 (TRUDEAU), and in Exemption 1 1395 (STRA W), the petitioner proposes to inspect and ensure that the UAS is in a condition for safe flight in accordance with it s operating documents. RealSkyPics proposes to follow a ll 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 document s, and of course com ply with any additional conditions outlined in a grant of exemption. **V. OPERA** 

**TIONS AND SA**  **FETY**FA

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### 12 RealSkyPics will abide by at least the following additional operating conditions under this exemption, which ensures a level of safety at least equal to existin g rules: **A. Pilot** **s in Command (PIC)** Any other pilots who would conduct flights will hold a minimum of a F AA S port Pilot License. Regarding UAS operational training, we have flown numerous practice flights in remote areas as hobbyists simulating flights fo r 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, t he PIC will accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes) prior to any flight. **B. V olunt**  **ary Operational Conditions and Limit**  **ations** RealSkyPics will comply with all of the following conditions and limitations (as well as any others imposed in the F AA 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 positionin g 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 document s and will actively analyze fli ght 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

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### 12 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 chart s and through obt aining information regarding congested areas from the local Flight S tandards District Of fice (FSDO); Conduct e xtensive preflight inspections and protocols, during which safety carries primary importance (reference PHANT OM User Manual). 

### 1. Operations will be limited to the aircraf t described in the operating document s which is a quad

- rotor aircraf t weighing less than 3 pounds: PHANT OM 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 proce dures specified in the operating document s. 

### 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 upo n request. Any revisions to the operating document s 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 af fects 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 S tation will be included in the preflight inspection. All maintenan ce and alterations will be properly documented in the aircraf t records. 

### 7. Any UAS maintenance or alterations that af fect 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 discrep ancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.FA

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### 12 9. RealSkyPics will follow the UAS manufacturer ’s aircraf t/component, maintenance, overhaul, replacement, inspection, and life limit requirement s. 

### 10. RealSkyPics will carry out maintenance, inspections, and rec ord keeping requirement s in accordance with the operating document s. Maintenance, inspection, and alterations will be noted in the aircraf t 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 aircraf t 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 o perate 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 F AA

- published aeronautical chart. 

### 16. The UA

will not be opera ted less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 st atute 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 t he operating document s.FA

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### 12 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. RealSkyP ics will obtain an Air Tr af fic Organization (A

TO ) issued Certificate of W aiver or Authorization (COA) prior to conducting any operations where the UA will operate above 200 feet AGL, and also request a Notice to Airman (NOT AM) not more than 72 hours in adv ance, 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 ov ersight agency requirement s. 

### 23. The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground Control S tation 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 suf ficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. RealSkyPics will ensu re that nonp articipating 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 aircraf

t is operated near vessels, v ehicles 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 hazar d, andFA

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### 12 c. Operations nearer to the PIC, operator trainees or essential persons do not present an undue hazard to those persons per §91.1 19(a). 

### 27. All operations conducted over private or controlled

- access property will be with permission from the land owner/cont roller 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 w ith 14 CFR p art 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 F

AA's UAS Integration Office (AFS

- 80) within 24 hours. Acc ident s will be reported to the National T ransportation Safety Board (NTSB) per instructions contained on the NTSB W eb site: 

### www .ntsb.gov

.

**VI. FEDERA**  **L REGISTER**  Pursuant to 14 C.F .R. Part 1 1, 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 re al estate and agricultural/forestry functions, applicant RealSkyPics seeks exemption from the following rules: 14 C.F .R 45.23(b); 14 C.F .R. §§ 61.1 13( a) & (b); 91.7(a); 91.9 (b)(2); 91.103(b); 91.109; 91.1 19; 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 eco nomic 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 eli minate 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 F

AA approval will provide a public benefit at a level of safety supporting the grant of the exemptions requested.FA

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### 12 VII. **PRIV**

**ACY** All flights will occur over private or controlled access property with the proper ty 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 R ealSkyPics application. Please contact me with any questions.
Sincerely,
Les V alsquier Principle, Freeborn Concepts LLC dba RealSkyPics 425

- 971

- 4999 

### lesval@gmail.com