October 4, 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590 **Re: Exemption Request Pursuant to Section 333 of the FAA Reform**  **Ac t and Part 11 of the Federal**  **Avi ation Regulations from:**  **14 CFR 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a);**  **91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b).**
Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Falcon UAV Services , an operator of Small Unmanned Aircraft Systems (“sUASs”) for aerial image acquisition including but not limited to, the following industries: motion picture and television, real estate, short range inspection, mapping & survey, agricu lture, search & rescue, hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs.
Falcon UAV Services’ requested exemption would permit the operation of sUAS under controlled and secure condi tions that is: (i) limited, (ii) predetermined, (iii) subject to controlled access, and (iv) provide greater safety in connection with aircraft operations. As established by the exemptions already granted by the FAA, approval of Falcon UAV Services’ exemption would enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act. The name and address of the applicant is:
Falcon UAV Services Neil D Boggess, III Phone: 706

-260

-8042 Email: dave@falconuavservices.com Address: 320 West Ave, Cartersville, GA 30120

Regulations from which the exemption is requested: 14 CFR 61.113(a) and (b) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151(a) 14 CFR 91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) and (b)Falcon UAV Services will operate the Yuneec Electric Aviation Model Q500 Typhoon UAS, with a total weight of 1700g or 4.75 lbs. The dimensions are 420mm x 420mm x 240mm or 16.54 inches x q6.54 inches x 9.45 inches. Under still air the maximum speed is no more than 6.7 m/s or 15 mph with a cruising speed of 6.7 m/s or 15 mph. The Yuneec Q500 Typhoon has the ability to hover and move along a vertical and horizontal plane simultaneously. The Yuneec Q500 Typhoon has four motors, motor model YUNM4234 KV700, powered by a 5400 mAh 3s 11.1v Lithium Polymer battery. There are four counter rotating propellers, propeller models YUNQ500115A and YUNQ50011B, in use. The Yuneec Q500 Typhoon will be controlled with a Yuneec model ST10, 10 channel remote controller with an operating frequency of 2.400GHz

– 2.483GHz. The live video feed will have an operating frequency of 5.728GHz

– 5.850GHz. The applicant will operate the UAS in line of sight within a closed off and predetermined area owned and/operated by the property representative.
Given the small size of the UAS and the controlled environment provided the proposed operations will adhere to the Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay. sUASs operated by Falcon UAV Services weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally. Falcon UAV Services will only operate its sUASs in line of sight and will operate only within the secure area described in the FOPM. Such operations will insure that the sUAS will “not create a hazard to users of the national ai rspace system or the public.”
Given the small size of Falcon UAV Services' sUASs and the restricted secure environment within which they will operate, Falcon UAV Services' sUAS operations adhere to the Reform Act’s safety requirements. Additionally, due to the size of the sUASs, permission from relevant property owners or other applicable parties, and the limited areas in which they will operate, approval of this application pre sents no national security issues. Based on the substantial level of safety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingly, Falcon UAV Services respectfully requests that the FAA grant the requested exemption. Aircraft And Equivalent Level Of Safety The operating limitations proposed by Falcon UAV Services provide for at least an equivalent or higher level of safety because operations furtherenhance safety of aerial image collection using conventional aircraft.
The limitations and conditions include:

 The sUASs will weigh less than 55 pounds. Frequently far less.

• Flights wi ll be operated within line of sight of a pilot and/or observer.

 Maximum flight time for each operational flight will be no more than 30 minutes. Flights will be terminated at no less than 25% battery power reserve should that occur prior to the 30 minute limit.

 Flights will be operated at an altitude below 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and the Camera Operator.

 A sUAS pilot will be an FAA licensed airman with at least a sport pilot’s certificate, and third class medical or valid US or Canadian drivers license.

 A sUAS pilot will be Pilot in Command (PIC).

 The sUAS will only operate within a confined secure a rea as defined in the FOPM.

 A briefing will be conducted for planned sUAS operations prior to each day’s flight. All personnel performing duties within the boundaries of the safety perimeter are required to attend.

 The operator will obtain consent of all p ersons involved in the filming and ensure that only consenting persons will be allowed within 500 feet of the flight operation.

 The Pilot and observer must be trained in sUAS operations and have received current information on the particular sUAS to be ope rated as required by the FOPM.

 The Observer and pilot will be able to communicate by voice and/or text at all times.

 Written and/or oral permission from the relevant property holders will be obtained prior to flight operations.

 All appropriate permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

 If the sUAS loses communications or loses its GPS signal, the sUAS will have the capabil ity to return to a pre

-determined location within the secure perimeter and land. The sUAS will have the capability to abort a flight in case of

unpredicted obstacles or emergencies.
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both a uthorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operatin g with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requ irements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same cri teria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load

. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: Wh en marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

-sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the s ize of the UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).
The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see theidentification of the UAS as “Experimental.” 14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations:
Pilot in Command Sections 61.113 (a) and (b) limit private pilots to non

-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating th e aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate a sUAS. Unlike a conventional manned aircraft, a sUAS is remotely controlled by a ground

- based operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated with the use of a sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 allowing sUAS use by a sport pilot as the PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b). 14 C.F.R. § 91.103: Preflight Action
Section 91. 103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before commencement of flight. 14 C.F.R. §91.119(c): Minimum Safe Altitudes
Section 91.119 establishes safe altitudes for o peration of civil aircraft. Section 91.119 provides, in pertinent part, that: “except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

.. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.”
Because Falcon UAV Services requests authority to operate at altitudes no higher than 400 AGL, and not more than 200 above an elevated platform from which filming is planned, an exemption is needed to allow such operations. Except for the limited conditions stated in the FOPM, the s UAS will never operate higher than 400 AGL. It will, however, be operated in a restricted area within a security perimeter, where buildings and people will not be exposed to operations without their pre

-obtained consent.The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of property owners or local officials. Because of the advance notice to the property owners and particip ants in the filming activity, all affected individuals will be informed of the planned flight operations. Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associated with the proposed sUAS operations is far less th an conventional aircraft operating at or below 500 AGL. In addition, the low

-altitude operations of the sUAS will ensure separation between a sUAS and conventional aircraft.

14 C.F.R. §91.121: Altimeter Settings Section 91.121 requires each person operatin g an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As a sUAS may not have a barometric altimeter, but instead a GPS altitude data, an exemption is needed. An equivalent level of safety will be achieved by the operator, pursuant to the FOPM and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.
14 C.F.R. §91.151(a): Fuel Requireme nts for Flight in VFR Conditions Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes . . . .” The typical battery powering the Falcon UAV Services sUASs provides less than 30 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, sUAS flight would not be possible. Given the limitations on the sUAS’s proposed flight area and its proposed operations within a predetermined location, a longer time frame for flight in daylight VFR co nditions is reasonable. Furthermore, operating the sUASs in a tightly controlled area where only people, property owners, or official representatives who have signed waivers will be allowed, less than 30 minutes of reserve fuel does not engender the type of risk that §91.151(a) was intended to address.
Falcon UAV Services believes that safety can be achieved by limiting flights to 30 minutes or 25% of battery power, whichever occurs first. This restriction would be more than adequate to return the sUAS to i ts pre

determined landing zone from anywhere in its limited operating area.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner shall “have thataircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain th e aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Falcon UAV Services operations. Maintenance will be accomplished by the operator. An equivalent level of safety will be achieved because the sUASs are limited in size, will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the FOPM, the operator will ensure that the sUAS is in working order prior to flight, perform any required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the sUAS and best suited to maintain it in an airworthy condition. Summary for Publication 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: Falcon UAV Services seeks an exemption from the following rules: 14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.41 7(a) and (b) to operate commercially a small unmanned vehicle (55 pounds or less) in commercial image acquisition operations. As established by the sUAS exemptions already granted by the FAA, allowing commercial operations of sUASs in agriculture, real estate, inspection, S & R, and film industries will enhance safety by reducing risk. Conventional survey, agricultural, mapping, inspection, and film operations, using turbine aircraft, operate at low altitudes and present the risks associated with aircraft that weigh around 4,000 pounds, and which carry large amounts of Jet A fuel. Such aircraft must also fly to and from the target location. In contrast, a sUAS weighing fewer than 55 pounds and powered by batteries eliminates virtually all of that risk given the small size and lack of combustible fuel. The sUAS is carried, and not flown, to target site. In this regard, the sUAS carries no passengers or crew and, therefore, will not expose them to the risks associated with manned flights. The operation of sUASs conducted in the strict conditions outlined in the FOPM will provide an equivalent level of safety supporting the grant of the exemption requested herein. The sUASs operate at slow speeds, close to the ground, and in a secure environment. As a result, they are far safer than conventional operations conducted with turbine helicopters flying near the ground and people. Privacy All flights will occur over private or controlled access areas with the propertyowner’s prior consent and knowledge. Recognizable im ages will only be recorded of people who have given their consent or otherwise have agreed to be in the area where active image acquisition will take place. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed , operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security) provide more than adequate justification to grant Falcon UAV Services ’s requested exemption, allowing for Falcon UAV Services 's sUAS commercial operations for the listed industries pursuant to the included FOPM. If you have any questions or need any additional information, please conta ct the undersigned by phone at 706

-260

-8042 or via email at dave@falconuavservices.com

.

Since rely
,

Neil D. Boggess, III Owner Falcon UAV Services