Request for Section 333 Exemption Photography

06/01/15

by/for

William Scott Lincicome

This document constitutes an exemption Request under Section 333 of the FAA

Modernization and Reform Act of 2012 for Aviation Unmanned to perform Aerial Photography

& Videography by/for Scott Lincicome

The main use of this UAS would be taking real­estate photos/videos. The UAS systems that I

plan to use is a DJI PHANTOM 2 VISION + and will be referenced in this document and also

in the attached user manual.

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by

always flying the UAS within visual eye contact, less than 400 ft above ground and never

directly above persons or public places. The orientation of flights will be such that the pilot in

command (PIC) always has a visual on the rear mounted LED flight Indicator. Additional

safety features on the DJI PHANTOM 2 VISION + include, return to home, low voltage,

enhanced fail­safe. All operations will include a visual observer (VO) aiding the PIC.

2. Preflight inspection would consist of checking battery condition/level in both the transmitter

and UAS. The binding/link feature will not let the UAS start if communication is not

established. A check for power­lines, antennas and other overhead objects would be

performed. Wind conditions would be monitored and be a factor for flying.

3. The radio frequency of the DJI PHANTOM 2 VISION + is in 5.728GHz ­ 5.85 GHz

range. Maximum take­off weight less than 1280g. Max Ascent speed 5 m/s, max descent

speed 3 m/s. Maximum flight speed 16 m/s (ATTI mode, no wind).

4. The PIC will be only myself and I have a minimum of 50 plus hours flying time with the DJI

PHANTOM 2 VISION + UAS model. I graduated from Auburn University with a bachelor's

degree in aviation management. I have over 250+ hours as PIC of a Cessna 172, 172 RG

and Duchess multi engine aircraft. See attached document of past ratings and licenses.

Testing, updating, and programming the DJI PHANTOM 2 VISION + firmware would be done

on a monthly schedule.

5. I am in good medical health and sound mental health. No arrests or felonies.

6. The intended use of this DJI PHANTOM 2 VISION + is to take photos/video of clients

property in order to market it competitively, as other real estate professionals are using drone

photography and video to do so.
7. All photo flights would have the date, time, and property address along with the camera

metadata recorded on a hard drive and also backed up to a server. This data would be kept

readily available for a period of 1 year after each aerial flight.

8. In use flight time for UAS operation during real estate projects would be no more than 30

minutes. Each battery lasts approximately 23 minutes of uninterrupted flight and I own two

batteries.

9. Proximity of local airports: there is one airport in the area, Moore County Airport, which

does not have an operational tower Note: The latest firmware for the DJI PHANTOM 2

VISION + Will not allow the drone to operate within a no fly zone (airports, etc) in compliance

to FAA rules and regulations. See pages 30 and 43 of the attached user manual.

Further CFR relief arguments:

Request for an exemption/relief from Title 14, Code of Federal Regulations Part 21

Along with Sections:

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R . 91.119 (a) (b) & (c)

14 C.F.R. 91.121 14 C.F.R. 91.405 (a)

14 C.F.R. 91.407 (a) (1)

14 C.F.R. 91.409 (a) (2)

14 C.F.R. 91.417 (a) & (b)

The petitioner requests relief from the following regulations:

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing

design approvals, production approvals, airworthiness certificates, and airworthiness

approvals.

Section 45.23 (b) prescribes, in pertinent part, that when marks include only the Roman

capital letter “N” and the registration number is displayed on limited, restricted or light­sport

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.

Reason for relief: The body of the DJI PHANTOM 2 VISION+ is too small to support this size

of markings.

Action: The UAS will be marked with the business name, contact information and word

“Provisional” made as large as possible. In addition the serial number is listed with the

manufacture and searchable on the internet.
Section 61.113 (a) & (b) prescribes that— (a) no person who holds a private pilot certificate

may act as a pilot in command of an aircraft that is carrying passengers or property for

compensation or hire; nor may that person, for compensation or hire, act as pilot in command

of an aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command of an

aircraft in connection with any business or employment if:

Reason for relief: (A) & (B) The flights are only incidental to the business of real estate. This

UAS is too small to carry a pilot or passenger and will not carry or deliver any personal

property for hire.

Action: The only payload for this exemption is a fixed camera. No other payload/payloads will

be allowed.

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless

it is in an airworthy condition.

Reason for Relief: Airworthy condition is not defined in the DJI PHANTOM 2 VISION+

manual.

Action: An airworthy preflight inspection would be checking battery condition/level in both the

transmitter and UAS. The binding/link feature will not let the DJI PHANTOM 2 VISION+ start

up if communication is not established. Check for power­lines, antennas, and other overhead

objects would be performed. Wind conditions would be monitored and be a factor for flying.

Section 91.9(b)(2) prohibits operation of U.S.­registered civil aircraft 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.

Reason for relief: The manufacture does not have an approved Airplane or Rotorcraft Flight

Manual.

Action: There is a “Checklist before every flight” instruction tag attached to the body of the DJI

PHANTOM 2 VISION+ that will be followed and on page 25 on the attached user manual.

Section 91.119 (a) (b) & (c) prescribes that, except when necessary for takeoff or landing, no

person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude

allowing, if a power unit fails, an emergency landing without undue hazard to persons or

property on the surface. (b) Over congested areas. Over any congested area of a city, town,

or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the

highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (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.

Reason for relief: This UAS Phantom quad copter at most times would be operated at less

than the minimums prescribed in paragraph (b) or (c) of this section. The regulation states

that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any

person, vessel, vehicle, or structure. Since the typical photo assignment would be

photography of real estate structures and or vacant land it would be necessary to operate

closer than 500 feet.
Action: Operations will only be flown over property away from persons and careful

pre­planning has been performed. If/when the low battery LED flashes the UAS will be landed

in a safe manner. Due to the small size and weight of the DJI PHANTOM 2 VISION+, the

hazard to persons, vehicles and structures is minimal compared to manned aircraft.

Section 91.121 requires, in pertinent part, 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.

Reason for relief: The DJI PHANTOM 2 VISION is not equipped with an altimeter and can

hover within a 10 foot radius in all directions. There is no minimum cruising speed and it will

not be launched from an airport.

Action: The above ground level height will be less than 400 feet programmed into the

firmware and never flown out of visual eye contact or at night.

Section 91.405 (a) requires, in pertinent part, that an aircraft operator or owner shall have that

aircraft inspected.

Reason for relief: There is no certified inspection facility and the Phantom Professional 3 will

not power on if it fails the POST (power on self test).

Action: In the event that the DJI PHANTOM 2 VISION+ needed inspection for any major or

intermittent problems it would be safer to replace the entire UAS.

Section 91.407 (a) (1) prohibits, in pertinent part, any person from operating an aircraft that

has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has

been approved for return to service by a person authorized under section 43.7 of the same

chapter.

Reason for relief: Replacement of props, motors, and batteries should be allowed by the

operator. In addition updating firmware when required should be allowed.

Action: Parts will be genuine factory replacement. Only manufacturer approved firmware will

be uploaded.

Section 91.409 (a) (2) prescribes, in pertinent part, that no person may operate an aircraft

unless, within the preceding 12 calendar months, it has had an inspection for the issuance of

an airworthiness certificate in accordance with part 21 of this chapter.

Reason for relief: There is no certified inspection facility or process for the DJI PHANTOM 2

VISION+. Estimated flight times for photo shoots would be less than 40 minutes possibly 2

times a week which would be approximately 80 minutes of flight time per week.

Action: When any flight or intermittent problem become apparent and is not remedied by a

simple repair the entire UAS would be replaced by the same model or as close to the DJI

PHANTOM 2 VISION+.

Section 91.417 (a) & (b) prescribes, in pertinent part, that a registered owner or operator shall

keep the following records for the periods specified in paragraph (b) of this section.
Reason for relief: Due to the popularity, simplicity, size and limitation of the DJI PHANTOM 2

VISION+ this could become an overburden for the owner/operator and any regulating agency.

Action: All photo flights would have the date, time, and property address along with the

camera metadata recorded on a hard drive and also backed up to a DVD. This data would be

kept readily available for a period of 1 year after each aerial flight for hire.

Public Interest: Granting my request would be in the public interest by giving an opportunity

for real estate photographers to offer safer aerial photography and videography to benefit the

general public.

Adversely affect safety: This exemption would not adversely affect the safety of the general

public due to the size, weight and keeping the UAS in visual sight. In comparisons to aerial

photography from a manned aircraft, low altitude photography from a UAS would be safer and

have less of an environmental impact.

Additional view/comments. As a real estate agent the need to offer photography from a UAS

is something that will help my business and clients. If this exemption is granted, I can assist in

the ground floor education and lead by good example. The DJI PHANTOM 2 VISION+ will not

be flown at night and never in the flight path of manned aircraft. The first condition listed to

always keep visual eye contact on the 22mm LED flight indicator is probably the most

important. My main objective is to offer aerial real estate photography/videography as a

service to my clients in the safest way possible.