December 11, 2015

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12

- 1401200 New Jersey Ave, SE Washington, DC 20590 Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations
Dear Sir or Madam, I, Ian Robert Amburgey, owner of Falcon Eyes Photo, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that falcon Eyes Photo a photography/videography business specializi ng in Real Estate, Landscape, Short Films, Weddings, Inspections, Marketing projects, Before

- and

-After Land Developments, and Special Events be exempted from the below so that we may operate a small ultra

- lightweight unmanned aircraft system. As described here I, Ian Robert Amburgey, am chief photographer / videographer at Falcon Eyes Photo, which has purchased a DJI Phantom 3 Professional with FPV HD Video Camera with intent to operate it for commercial aerial photography / videography following exemption and approval by the FAA. Exemption request would permit operation of ultra

- light weight, unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and limited airspace photographing or video graphing within property bo undaries for individual property owners with their permission as well. I, Ian Robert Amburgey, owner of Falcon Eyes Photo, will detail in this petition the specific regulations for which we seek relief, offering alternate and equivalent ways of providing a level of safety at least equal to the existing rules. This petition focuses on public safety and public benefit.**I. Contact Information:**

Ian Robert Amburgey, Falcon Eyes Photo 5025 Fox Run Rd. Buckner, KY 40010 Phone: 502

- 548

- 2829 Email : Ianamburgey@gmail.com

**II. The specific sections of title 14 of the code of federal regulations from which Falcon Eyes Photo**  **requests exemption are:** 14 C.F.R. Part 21 subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a)&( b); 14 C.F.R. 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

**III. The extent of relief Falcon Eyes Photo**  **seeks and the reason he seeks such relief:** I, Ian Robert Amburgey, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331334, seeking relief from any currently applicable FARs operating to prevent Falcon Eyes Photo contemplated commercial use of an sUAS for photography and vi deography use within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Our ultra

- lightweight sUAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra

- lightweight sUAS is expressly contemplated by the Reform Act. We would like to operate our ultra

- lightweight sUAS prior to the time period by w hich the Reform Act requires the FAA to promulgate rules governing such craft. Allowing such will provide direct experience and valuable information for formal regulation that can be administered uniformly to other sUAS

- related activities for aerial video and photography. The Reform Act guides the Secretary in determining the types of sUAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the sUAS's; Whether the sUAS will b e operated near airports or heavily populated areas; and, Whether the sUAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflects in favor of an exemption for Falcon Eyes Photo. Our sUAS utilizes four (4) counter

- rotating propellers for balance, control and stability. Our sUAS is equipped with GPS and auto return, fail

- safe safety technology, andweighs approximately three (3) pounds (far below the maximum 55 pounds limit); including camera with

gimbal. Falcon Eyes Photo cons iders safety to be the most important requirement for each and every flight. Our small

- unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 knots (15mph) wind. For safety, stability and fear of financial loss, we will not f ly in winds exceeding 16 kph (10 mph). Built

- in safety systems include a GPS mode that allows my sUAS to hover in place when radio controls are released. With three modes to choose from, we utilize the GPS mode for aerial videography/photography. This is t he safest, most reliable and stable mode to prevent accident and hazard. When pilot communication is lost, the sUAS is designed to go into a Fail

-Safe mode and slowly return

-to

- home; i.e., within 3 meters of the point of takeoff. In accordance with FAA reg ulations, we do not operate our sUAS near airports, within temporary flight restricted areas, near hospitals or sporting event areas, near special security areas, and do not operate near areas where general public is anywhere within 150 feet. With an observer always present, we are constantly on alert for both people on the ground and manned aircraft in the air, and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location. We do not believe in taking any risk that may cause any harm or crash that could create a hazard to the public, to property and to manned aircraft, and have no desire to lose an investment. We have recorded numerous pra ctice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific sUAS's performance under different temperature and weather conditions. We also practice computerized simulated flights to maintain adequate skills and response reflex time. Falcon Eyes Photo chief pilot will be me, Ian Robert Amburgey, sole owner of Falcon Eyes Photo. I am extremely cautious when operating our sUAS / ultra

- lightweight unmanned aircraft. M y Phantom 3 sUAS, used in hobby flight, has a demonstrated safety record and does not pose any threat to the general public.

**IV. How Falcon Eyes Photo**  **request will benefit the public as a whole:** The operation of small sUAS, weighting less than 55 lbs., co nducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. Thes e lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with traditional aircraft which pose a safety risk. There are no personnel on board the sUASs and therefore the likelihood of death or serious bodily injury is significantly diminished. All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming will be of people who have al so consented to being filmed or otherwise have agreed to be in the area wherefilming will take place. Falcon Eyes Photo will provide an equivalent or better level of safety as that

achieved under the current FAR’s. Our ultra

- lightweight sUAS is battery po wered and creates no emissions that can harm the environment. The consequence of our ultra

- lightweight sUAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain a pilot, many gallons of combustible fuel and can cause catastrophic devastation to the public. The Smart Battery employed in Phantom 3 provides immediate visual awareness and percent battery charge remaining as well as similar information during flight through Ground Control Station. Granting Falcon Eyes Photo exemption request furthers the public interest through visual awareness of the geographical benefits in and around the Louisville, KY area. In furtherance of the public’s interest, we would also make our services available on a volunteer/no

- cost bas is to local Not

-for

- Profit / Search and Rescue / Fire Fighting organizations.

**V. Reasons why Falcon Eyes Photo**  **exemption will not adversely affect safety or how the exemption will provide a level of safety at least equal to existing rule:**  Falcon Eyes Photo proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial photography and cinematography filming operations conducted with conventional aircraft. These limitations and conditions to whi ch Falcon Eyes Photo agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total fl ight time for each operational flight will be 30 minutes or less. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform for which filming is planned. 5. Minimum crew for each operation will consist of the sUAS Commercial Pilot and the Visual Observer. 6. sUAS Pilot will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the Pilot is rated on his or her pilot certificate. 7. The sUAS will only operate within a confined sterile closed

- set area with a set safety perimeter, the boundaries of which will be determined by production personnel based on the site

- specific filmingactivities and speed of the sUAS required for the operation, and coordinated with the jurisdictional FAA

FSDO and local government officials as applicable. 8. A briefing will be conducted in regards to the planned sUAS operat ions prior to each day’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 9. The sUAS Pilot will ensure this safety perimeter that only consenting production personnel will be allowed within 100 feet of the sUAS operation by not permitting anyone who had not been briefed or whom is not involved in production to be in the closed

- set area. 10. Written and/or oral permission from the releva nt property holders will be obtained. 11. If applicable, all required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcements, fire, or other appropriate governmental agencies.
12. The sUAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.
13. PREFLIGHT CHECKLIST a. Remote controller, aircraft battery, and mobile device are fully charged. b. Propellers are mounted correctly and firmly.

c. Micro

-SD card has been inserted if necessary. d. Gimbal is functioning as normal. e. Motors can start and are functioning as normal. f. DJI Pilot app connected to the aircraft. 14. TO REGAIN CONTROL AFTER LOST RADIO CONTACT : If radio contact is lost an d not restored within 3 seconds, an automatic Return to Home feature is activated and will bring the sUAS back to the Pilot. **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 Sub part 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 authorize 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 sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated w ithout 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) operating with anairworthiness certificate without the restrictions and conditions proposed. The sUAS 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 area. Unlike othe r 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 requirements, to provide security for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, 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 criteria demonstrates that there is no credible threat to national security pose d by the sUAS, 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," "lightsport," "experimental," or "provisional," as applicable. Even though the sUAS will have no airwo rthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAV, two

- inch lettering will be impossible. The word “Experimen tal” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the i dentification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. **14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.**
Sections 61.113 (a) & (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 the aircraft to have no less than 40 hours of flight time with the sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all fl ights are planned and coordinated in advance. **14 C.F.R. §91.7(a): Civil aircraft airworthiness.** The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued fo r the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft formaintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, a n

equivalent level of safety will be provided. **14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.** Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and c onfiguration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintain ed by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700 **14 C.F.R. § 91.103: Preflight action** This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **14 C.F.R. §91.109: Flight instruction**
Se ction 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. **14 C.F.R. §91.119: Minimum safe altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating t he helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevate d platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 100' above thehighest point on the structure. It will however be operated in a restricted area with 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, speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the movie industry. In addition, t he low

- altitude operations of the sUAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 C.F.R. §91.121 Altimeter Settings** This regulation requires each person op erating 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 the sUAS may not have a barometric altimeter, but i nstead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altit ude indicator before flight. **14 C.F.R. § 91.151(a): Fuel Requirements 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 conditi ons) 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; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. S ee Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers wil l be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power

— whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.**14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration** 

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers o r crew. The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **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 that aircraft 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 repaire d as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to th e applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and 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. The operator will ensure that the sUAS is in working order prior to initiating flight, pe rform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An e quivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manual, the operator will ens ure that the sUAS is in working order prior to initiating flight and perform required maintenance needed. **Privacy** All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. **Summary** Falcon Eyes P hoto is seeking exemption from the following rules: 14 C.F.R. Part 21 subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91. 417(a)&(b)Approval of the above exemptions allowing commercial operations of small UASs in the service of aerial

photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft. Traditional aerial photography requ ires large aircraft weighing thousands of pounds and carrying hundreds of pound of fuel presenting a significant risk to life and property. With Falcon Eyes Photo’s use of small UASs weighing less than 55 lbs, powered by batteries and operating at or below 400 AGL they virtually eliminate all of the risk associated with traditional aerial photography. The UASs will carry no people thereby eliminating the exposure to the risks associated with flying while accomplishing the same task in a much safer manner.
G ranting Falcon Eyes Photo the above exemptions will allow for the expansion of UAS systems into the future, in a professional, safety conscious culture steep in the tradition of Aviation. Falcon Eyes Photo respectfully requests that the FAA grant its exception without delay. The FAA has the authority to issue the exemption sought by Falcon Eyes Photo pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely, Ian Robert Amburgey Falcon Eyes Photo 5025 Fox Run Rd. Buckner, KY 40010