Paul Alley

12512 SE 72nd Street

Newcastle, WA

98056

Federal Aviation Administration

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12­140 1200

New Jersey Avenue, SE

Washington, DC

20590

Dear Sir, Madam,

My name is Paul Alley and I am writing to request an exemption from the FAA which would

allow me to apply for, and receive, certificates of operations (COA’s) which would allow me to

operate Unmanned Aerial Systems (UAS) within the National Airspace System (NAS) for the

purposes of commercial real estate photography, and aerial mapping. While a blanket

authorization has been provided for operations below 200’, this petition seeks authorization to

apply for COAs covering flights up to 400’ AGL for the purposes of aerial mapping and

surveying.

I’ve held a private pilot certificate and 3rd class medical for 7 years, and flown gliders for the

last 20 years, during which time I have planned and safely completed many flights in and

around complex airspace in a variety of locations throughout the contiguous United States.

Interacting with ATC, studying airspace, and working within the rules to maximize the safety of

my operations has been paramount throughout my flying career, which has led to a flawless

safety record.

Besides my close work with real estate teams to provide photography services, I have worked

on GIS and aerial photography applications for a local and federal agencies, and was on a

team that provided real­time ground point analysis during an aerial survey of the Grand

Canyon in 2008 for the U.S. Geological Survey. I have been flying radio controlled aircraft

since my childhood, and have gained hundreds of hours of experience with a variety of

quadcopters, including the ones included in this petition. All of this experience has given me

a deep and profound respect for the safety issues involved with operating aircraft, whether

manned or unmanned, within the NAS.

Therefore, I believe an exemption to the following regulations would allow me to safely enter,

and look for ways to expand, the unmanned aerial systems (uas) industry in order to serve a

growing demand for aerial imagery and videography for real estate, public agencies, and

other potential consumers:
Part 21 Airworthiness Certification 21, Subpart H Certification procedures for products and

parts, Airworthiness Certificates

Part 61 Certification: Pilots, Light Instructors, and Ground Instructors

Part 91 General Operating and Flight Rules

91.103(b)(2) Preflight action

91.105 Flight crewmembers at stations

91.109 Flight instruction

91.119 Minimum safe altitudes

91.121 Altimeter settings

91.151 Fuel requirements for flights in VFR conditions

91.405 Maintenance required

91.407 Operation after maintenance

91.409 Inspections

91.417 Maintenance records

1. How the proposed UAS operation will be safely conducted to minimize risk to the

NAS or to persons and property on the ground.

Prior to, and during, flight operations, the UAS crew will ensure the following:

­ Provide appropriate notice to ATC and/or FSDO when planning UAS operations

­ Check for NOTAMs or other temporary flight restrictions

­ Conduct extensive flight planning in and around the area of operations using approved

FAA sectional maps, and other sources as needed.

­ Provide ample notice to residents or other people may be in the vicinity of UAS

operations so they can take appropriate safety precautions (e.g. have adjacent

neighbors remain indoors or away from area during operations).

­ Ensure the UAS maintains a safe elevation and distance from people and property to

reduce the risk of harm in the event of a UAS failure or crash.

­ Provide signage and/or road traffic control in the vicinity of operations when necessary

­ Prior to operations, PIC conducts thorough, systematic preflight procedure using

checklists

­ PIC will maintain logs for both flight time and UAS maintenance

­ After each assembly, the PIC will thoroughly inspect the UAS and ensure all systems

are working properly.

­ UAS operation will be limited to daylight hours

­ UAS operation will be limited to VFR conditions

­ UAS operation will be limited to wind gusts less than 5 knots

­ During operations, both participating and crew or non­participating observers within

the operational area will wear OSHA approved hard hats.

­ During operations, participating crew (the spotter and PIC) will maintain hands­free

radio communications when not in voice range
The petitioner requests exemptions for two distinct UAS systems, one of which will serve as a

fixed wing platform for aerial mapping and surveying, while the other will serve as a multi­rotor

platform for real estate and architectural photography:

3D Robotics Aero­M (Primary fixed wing UAS for aerial mapping)

● Design: Single electric motor fixed wing

● Weight: 6.8 lbs (3kg)

● Payload capacity: 1.1 lbs (500g)

● Radio Frequency: 925 mHz

● Payload: Canon S100 camera

● Safety features:

○ Auto­home feature for loss of radio, gps, or VLOS

○ Auto­deployed parachute

DJI Phantom II (primary multi­rotor UAS for Real Estate Imaging)

● Design: 4 rotor

● Weight: 1kg

● Maximum load: 2.5kg (1.5kg payload)

● Radio Frequency: 925 mHz

● Payload: Sony Alpha 6000 camera with 20mm lens

● Safety Features:

○ Auto­home feature for loss of radio, gps, or VLOS

2. Procedures such as pre­flight inspections, maintenance, and repair, to ensure that

the UAS is in a condition for safe flight.

Preflight: Prior to flying any certified machine the pilot in command (pic) would follow a

preflight checklist to ensure all flight, control, and safety systems are in proper working order

(see “Appendix A: Preflight Checklist” at the end of this document).

Inspections: Thorough inspections of flight, control, and safety systems will be conducted prior

to flight operations ‘session’, which may include one or more individual flights. Essentially

each time the UAS is assembled, disassembled, transported, or modified in any way the PIC

will conduct a thorough inspection and ensure all systems are in working order.

Maintenance: UAS will be maintained by the PIC, or sent to the manufacturer if complex

maintenance is necessary. If maintenance defects are found prior to flight operations, those

defects will be fixed before any UAS flights commence. All manufacturer mechanical,

firmware, and software updates will be incorporated into the UAS as soon as they are

released and made available to UAS owners.
Repair: Standard repairs will be performed by the petitioner/PIC if able. If repairs require

expertise beyond that of the petitioner, the UAS or broken part(s) will be sent to a repair

specialist or factory for repair or replacement.

Any maintenance or repair activities will be entered into the UAS logbook.

3. Radio Frequency (RF) spectrum used for control of the UAS and associated

equipment that is part of the UAS (i.e., sensors, cameras, etc.)

Flight Operations RF: 2.4 GHz ISM (industry standard FCC compliance)

Camera/Gimbal Operations RF: 2.4 GHz ISM (industry standard FCC compliance)

4. Qualifications required of any PIC(s) who will be directly responsible for the

operation of the UAS, or anyone acting as an observer in the flight operation

PIC ­ The PIC responsible for the overall operation of the UAS covered in this petition, Paul

Alley, holds a current Private Pilot certificate, has over two hundred hours of flight time in a

single engine Cessna, and has several hundred hours of UAS flying experience. The PIC will

maintain a minimum of 20 hours of flight time in any particular UAS being utilized as part of

this petition. The primary role of the PIC is to ensure the overall safety of crew and public

throughout UAS operations, ensure all FAA regulations are followed, and serve as the pilot in

command of the UAS during commercial operations covered in this petition.

Observer ­ The primary role of the observer is to ensure the area of operations remains safe

and clear throughout the flight, and also to assist with identifying any potential flight hazards

or mechanical issues. The observer and the PIC will maintain radio communications when

out of voice range. The observer will advise the PIC of potential hazards to avoid, or if

conditions in the area of operations have changed such that continuing the flight would be

unsafe.

5. Medical standards and certification of the PIC(s) directly responsible for the

operation of the UAS

The PIC of any UAS utilized within this exemption will maintain a valid, current, 3rd Class

Medical Certificate.

6. Description of intended UAS operation(s)

The UAS operations pertaining to this exemption request are intended to serve the aerial

imaging needs of residential and commercial real estate agents, and agencies, urban,

suburban, and rural communities. A typical aerial imaging session would consist of one or

more flights in which images are captured from various angles, elevations, and headings
surrounding the property being imaged. These operations may include any or all of the

following activities:

­ Flight durations of 5 to 25 minutes

­ Flight elevations of 0’ to 200’ AGL

­ Flights in residential and/or commercially zoned (congested) areas

­ Circular or grid pattern flights to ensure coverage of properties being imaged

Petitioners should describe how the proposed operation(s) would not adversely affect safety,

or how they would provide a level of safety at least equivalent to that provided by the rule from

which exemption is sought.

In order to maximize safe operations of UAS, the PIC will:

­ Provide appropriate notice to ATC and/or FSDO when planning UAS operations

­ Check for NOTAMs or other temporary flight restrictions

­ Conduct extensive flight planning in and around the area of operations using approved

FAA sectional maps, and other sources as needed.

­ Provide ample notice to residents or other people may be in the vicinity of UAS

operations so they can take appropriate safety precautions (e.g. have adjacent

neighbors remain indoors or away from area during operations).

­ Ensure the UAS maintains a safe elevation and distance from people and property to

reduce the risk of harm in the event of a UAS failure or crash.

­ Provide signage and/or road traffic control in the vicinity of operations

­ Prior to operations, PIC will test the failsafe ‘return home’ feature that automatically

routes the UAS back to it’s take­off location when radio transmissions are disrupted.

­ Only operate UAS which utilize automated landing/stabilization features

­ PIC will maintain logs for both flight time and UAS maintenance

­ Before each flight, the PIC will conduct thorough preflight inspections, using a

checklist.

­ After each assembly, the PIC will thoroughly inspect the UAS and ensure all systems

are working properly.

­ UAS operation will be limited to daylight hours

­ UAS operation will be limited to VFR conditions

­ UAS operation will be limited to wind gusts less than 5 knots

­ During operations, both participating and crew or non­participating observers within

the operational area will wear OSHA approved hard hats.

­ During operations, participating crew (the spotter and PIC) will maintain hands­free

radio communications when not in voice range

­ The PIC will never exceed a maximum distance of 300’ between the UAS and himself.

Plans to implement clearly defined operational borders and procedures to ensure public

safety, which includes persons and property both in the air and on the ground:
Ground:

Areas of operation will vary based on the location of the real estate being imaged. As such,

operational borders will be defined by street signage starting at least one hour before

operations begin, and verbal/written communication with neighbors at least 24 hours in

advance of operations. Operations will not extend beyond 100’ horizontally from the property

being imaged, so anyone who lives or maintain property within that area will be notified prior

to operations.

Air:

PIC will relay planned area of operations to appropriate ATC authorities prior to operations,

and ensure any current NOTAMs are being complied with. Prior to operations PIC will also

compare proposed areas of operation with FAA sectional maps to ensure no air space

conflicts or restrictions exist. Additionally, both UAS platforms listed in this petition have built

in no­fly zone capability which blocks flights in the vicinity of airports and other restricted

areas.

7. Proposed maximum operating speed and altitude, and describe minimum flight

visibility and distance from clouds for their intended operation(s). Description of

potential hazards and safety mitigations associated with these proposed conditions.

Any UAS operated as part of this exemption wil adhere to the following flight limitations

● Maximum operating speed: 30 kmh

○ While this is the top speed of UAS covered in this exemption request, the

actual operational speeds ideal for aerial imaging are in the 0­7 knot range.

○ The PIC will keep all operations under 10 knots in congested residential areas

● Maximum operating altitude: 400’

○ The ideal operating altitude for most aerial imaging needs is under 200’ AGL.

○ Imaging rural areas for mapping purposes could require flights up to 400’ AGL.

○ UAS operations will not occur in locations where the required altitude for

capturing real estate images or aerial mapping imagery interferes with air traffic

or violates airspace restrictions, without prior consent from ATC authorities.

○ The operational altitude for any aerial imaging session will be conveyed and

cleared with appropriate ATC authorities.

● Minimum flight visibility: 3 miles

○ As the PIC will never be further than 400 ft from the UAS during commercial

operations, the PIC will be able to safely operate UAS when flight visibility is

restricted to at least three miles.

● Minimum distance from clouds: 500 ft below, 2000 ft horizontal

○ This exemption would not require operations in close proximity to clouds,

beyond that which is defined for VFR Class E operations.
8. Description of characteristics of the area of intended operation(s) and the associated

potential hazards

Areas of intended operations can be any of the following:

● Residential areas and neighborhoods ­ specifically within 100’ of the boundary of the

property for which imagery is being collected

● Commercially zoned areas­ specifically within 100’ of the boundary of the property for

which imagery is being collected

● Rural (uncongested) commercial/residential areas

By nature, properties involved with residential and commercial real estate have the potential

of being within a congested area containing people and/or property. However, the following

precautions will be taken to minimize the risk to people or property in the area of UAS

operations:

● Visual signage in and around the area of operations, starting at least one hour prior to

operations

● Written or verbal communication with neighboring residents and/or businesses to

announce when and where flight operations will be taking place, and recommended

ways to minimize danger to the public and property (parking cars in garage, keeping

bystanders away from the area of operations, etc.)

● Flights will be planned in such a way to minimize the risk to neighboring properties and

people (avoiding areas where piloting errors, mechanical malfunctions, or any other

unexpected decent could lead to harm or property damage).

The PIC and spotter will stay alert for changing conditions in the area of operations. If

anything in the area of operations becomes unsafe for completing a flight (e.g. a child runs

into the front yard of a property being photographed), the UAS will be landed in a safe

location, away from the emerging hazard, and operations discontinued until the area of

operations can once again be cleared for safe flight.

9. Petitioners should describe if they intend to operate in the proximity of any airports

Petitioner does not intend to operate in the vicinity of any airports, or seek future approval to

do so.

10. Description of how the UAS will be operated within visual line­of­sight (VLOS), in

accordance with the statutory mandate under Section 333(b)(1)

PIC will maintain VLOS throughout the entire flight. If multiple photographic angles are

necessary, which would block the view of the UAS from the PIC, the PIC will land the UAS

and move to a position which provides VLOS to be maintained throughout the entire flight.

Operations will occur during the day, and adhere to the VFR visibility and clearance
minimums defined for class E airspace (10 miles, 500’ below clouds, 2000’ horizontal cloud

clearance).

Additionally, both UAS models requested for operations under this petition have “auto­home”

capabilities which allow the operator to send a “home” command to the UAS in the event that

visual contact is lost, which will instruct the UAS to fly to it’s starting position and land safely.

11. Description of procedures for conducting a preflight safety risk assessment to

determine that the UAS is in a condition for safe flight (14 CFR § 91.7(b)) and that the

planned operation can be completed safely:

UAS Condition:

­ Payload (camera/gimbal) securely attached

­ Propellers smooth and clear of any defects

­ Propellers attached to correct motor drives

­ Propeller arms straight, clear of any defects

­ Controller system engaged, connected

­ UAS batteries fully charged

­ Controller batteries fully charged

­ Home location marked

­ UAS trimmed neutral

Operational Area Condition:

­ Conduct a physical ‘walk­around’ the area of operations to ensure people and property

are not at risk.

­ Consult the appropriate FAA sectional chart to determine if there are any flight

restrictions for the area of operations

­ Determine whether any active NOTAMs affect planned UAS flight operations

­ Check current weather conditions and short­term forecasts to ensure weather

conditions are conducive to safe UAS operations

­ Ensure spotter and other required personnel are ready

12. Protocol for coordinating with a Flight Standards District Office (FSDO) in the event

that operations would require notification – such as motion picture and television

filming, or pipeline and powerline patrol.

In the event that coordination with FSDOs is necessary (which is unlikely for the context of

aerial real estate photography as areas of operations are mostly constrained to a small area),

the PIC will contact/notify the relevant FSDO office. For operations based in the primary

service area in and around the greater Puget Sound area, the following FSDO will be

consulted for any activities which necessitate coordination with ATC.

1601 Lind Avenue SW, Suite 260
Renton, WA 98057

(425) 227­2813
Appendix A: Preflight Checklist

Airspace:

1) Airspace clear ­ visual check

2) TFRs and NOTAMs ­ checked?

3) Airport vicinity ­ checked?

Environment:

1) People clear of operations area

2) Property clear of operations area

3) Road and/or walkway signage visible

4) Spotter ready ­ radio check

5) Wind ­ gusts < 5 knots

Aircraft:

1) Rotor arms and major components secured

2) Signs of cracks, damage ­ visual check

3) Battery secured & charged

4) Wires/controller secured

5) Payload secured

6) Props attached securely, free of damage

Controller:

1) Home location programmed

2) Batteries charged

3) Gimbal control ­ check

4) Radio to UAS linkage ­ check