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 specializing 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 boundaries 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 videography 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 which 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 be 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, and 
weighs approximately three (3) pounds (far below the maximum 55 pounds limit); including camera with 

gimbal.

Falcon Eyes Photo considers 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 fly 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 the 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 regulations, 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 practice 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. My 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., conducted 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. These 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 also consented to being filmed or otherwise have agreed to be in the area where 
filming 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 powered 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 basis 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 which 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 flight 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 filming 
activities 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 operations 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 relevant 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 and 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 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 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 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) operating with an 
airworthiness 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 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 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 posed 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:

When 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 

airworthiness 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 “Experimental” 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 identification 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 flights 

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 for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 
maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an 

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 configuration 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 maintained 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

Section 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 the 

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 elevated 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 the 
highest 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, 

the 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 operating 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 instead 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 altitude 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 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; 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. See 

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 will 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 or 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 repaired 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 the 

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, 

perform 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 equivalent 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 

ensure 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 Photo 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 requires 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.

Granting 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