December 14, 2015

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey, Avenue, SE

West Building Ground Floor, Room W 12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act

of 2012

I, Steve Farthing, of 23847 Norte Drive in Ramona, California 92065, hereby petition the FAA for

a Section 333 exemption from various sections of 49 USC of Federal Aviation Regulations.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, 

I request certain exemptions in order to perform aerial photography and videography for real

estate purposes using two small UAVs, the DJI Inspire 1 and the DJI Phantom 3 Professional.

Sincerely,

Steve Farthing

Owner

Phototours360
OVERVIEW:

I, Steve Farthing, of 23847 Norte Drive in Ramona, California 92065, hereby petition the FAA for

a Section 333 exemption from various sections of 49 USC of Federal Aviation Regulations.

I am the owner of Phototours360, a full-service video and photography company specializing in

real estate promotion. Phototours360 has been in business for a year and a half, and is

committed to responsibly, professionally, and safely operating two small UAVs for the purpose

of capturing dynamic, low-altitude photographic and video imagery to be used for promoting real

estate.

Phototours360 is committed to public safety and respecting personal privacy. An example of

that commitment is our thorough pre and post flight protocols that we closely adhere to on every

mission. In addition, I am a member of UAVUS, a national association of professional UAV

operators that adheres to a strict Code of Conduct and best practices that puts public safety first

above all other concerns.

The Pilot in Charge (PIC) will possess either an airline transport, commercial, private,

recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical

certificate or a valid U.S. driver’s license.

As a professional photographer and the owner of Phototours360, I am extremely sensitive and

aware of the importance of privacy, especially as it relates to UAVs. Our PIC will not operate a

UAV in a manner as to invade the privacy of anyone unaware of our flight intentions.

GEOGRAPHIC AREA OF OPERATION:

Our primary area of operation will be the Southern California area, specifically San Diego

County.

Our missions will take place in both urban and rural settings. Each flight will be done with the full

permission and under the supervision of the land or property owner. Additionally, each flight will

be limited to 300-feet AGL, since the purpose of our operations is to capture low and slow video

and photographic imagery that is centered on a subject near ground level.

When necessary, we will notify and seek approval of airport personnel as required by FAA

regulations.
UAV INFORMATION:

The DJI Inspire 1 and DJI Phantom 3 Professional are lightweight (both under 6.5 lbs.), batteryoperated, four-motor rotorcraft in the form of quadcopters that take off and land vertically. Both

UAVs include the following safety features:

• An on-board flight computer with GPS navigation and location ability that receives signals for

flight controls from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form of full color, high definition still

photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to

the on-board radio transmitter including altitude AGL, horizontal and vertical speed,

compass direction of flight and direction back to its launch site;

• A onboard radio transmitter (5.8GHz for the DJI Inspire 1 and 2.4GHz for the DJI Phantom 3

Professional) that transmits live video from the onboard camera plus all the flight data from

the telemetry system described above.

GROUND SYSTEM:

• A Pilot in Charge (PIC) in operational control of a flight operation from beginning to end and

who controls the UAV while in flight;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV while

in flight;

• A radio transmitter/controller operated by the PIC to control the UAV while in flight;

• A monitor that receives live video and flight data from the UAV while in flight.

PRE-FLIGHT CHECKLIST:

• When required, notify the appropriate FAA facility of our launch schedule and location.

• Survey the area of operation for hazards - trees, utility poles and other obstacles that might

compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might

adversely affect flight safety and performance.

• Examine the aircraft looking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly.

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, the PIC will hover at an altitude of approximately 10 feet to assure that the

home return point is established.

• Exercise all controls to confirm their functionality. If one of the controls is not functioning, the

mission will be terminated immediately.
• Operate with a Visual Observer (VO) alongside the PIC who will double-check for possible

flight hazards. The VO will provide a second pair of eyes to assist the PIC in keeping the

UAV within Visual Line of Sight (VLOS). The VO will also assist in any emergency

maneuvers due to unanticipated events that require a quick landing.

SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds.

• Will give right-of-way to any manned aircraft.

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius),

as well as restricted and prohibited zones.

• Will fly no higher than 400' and no further than 1000' from the home point, recognizing that

the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post-flight check of the UAVs to determine its physical and electronic

condition.

• Gain express permission to fly above any and all property within flight plan.

• Follow a preflight checklist confirming battery charge, propeller connection, motor function,

etc.

• Calibrate compass before each flight.

• Never fly in high wind or threat of precipitation.

• Always set maximum height and radius flight limits in intelligent controller after analyzing

site.

• Use audible alarms of low battery warning from the controller to bring copter back and land

well before battery drains.

EXEMPTION REQUEST:

I respectfully request exemption from the following regulations with which I cannot fully comply:

14CFR

Part 21 Airworthiness Certification

Subpart H "prescribes the procedural requirements for issuing and changing design approval, 

production approval, airworthiness certificates and airworthiness approval."

Response: "The Secretary of Transportation has determined that this aircraft meets the

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part

21, and any associated noise certification and testing requirements of part 36, is not necessary."

Part 61 (a)(b) Parts, General Operating and Flight Rules
(a) Prescribes the requirements for issuing pilot licenses and the privileges and limitations

associated with various ratings.

(b) Aeronautical experience means pilot time, flight simulator or flight training device for meeting

the appropriate training and flight time requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flight training has yet to be

achieved by the UAV industry. The PIC’s sources of training are: the flight instruction manuals

from the UAV manufacturer; online videos from the manufacturer as well as videos from users;

and most importantly, personal training in a secure location - an open area not subject to traffic

and/or uninvolved individuals.

Those training flights, which have averaged 15 minutes each, include setup, physical and

electronic safety checks; lift off followed by hovering at approximately 10 feet to confirm that the

GPS system is functioning properly and has registered its Home Point; a prescribed flight plan

to familiarize and then master the fight controls and camera; returning to the launch point and

landing. I then conduct a post-flight inspection for any problems, log the location and flight time

and then view the video. There are no FAA certified instructors or FAA certified study guides

available at this time as the technology continues to develop. I respectfully request an

exemption from this rule.

§91.103 (b)(2)

(b)(2) This section deals the pilot's preparations for flight, in particular runway lengths, takeoff

and landing distance information.

Response: Since a quadcopter, like a helicopter, takes off and lands vertically, the PIC would

not need to know this information since there are no runways involved and the return from flight

is the takeoff point. The FAA has determined that "relief is not necessary."

§ 91.105

Summary: This section deals with flight crew members at stations.

Response: Since there are no passengers, pilots or crew members, I respectfully request relief

from this regulation.

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and certain

flight tests.

Response: None of these functions are applicable to a quadcopter flight and, as stated earlier,

there are no FAA certified instructors or FAA certified study guides available at this time for

quad-copter operation. I respectfully request an exemption from this rule.
§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails

anywhere, an aircraft should have an altitude sufficient so that an emergency landing can occur

without hazard to persons or property (91.119 a).

It also sets minimum altitudes over congested areas and uncongested areas as well as has a

paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet) from any person,

vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to our UAVs since

these aircraft are required to fly below those altitudes. Their weight, speed and GPS-controlled

Return to Home feature mitigates incidents that could occur from loss of signal between the

aircraft and PIC. A manned aircraft is much heavier and larger than our UAVs. If our UAVs were

to malfunction, they carry no humans, no explosive fuel and since they fly primarily over a single

piece of private property, any damage would likely be minimal and confined to that area. As

mentioned, the PIC will possess either an airline transport, commercial, private, recreational, or

sport pilot certificate. These licenses will provide the PIC with sufficient skills to safely manage

any approach under 500 feet. In addition, access to the property is strictly controlled (warning

sign and the clearing of any person on the property not involved in the flight). I respectfully

request an exemption from this rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the “cruising altitude or

flight level of that aircraft." It requires that the "elevation of the departure airport" be set in the

altimeter or the "current reported altimeter setting of a station along the route and within 100

miles of the aircraft".

Response: A UAV cannot comply fully with this section's altitude requirements. Our UAVs are

equipped with a barometric altimeter which automatically calculates the takeoff altitude (0 AGL)

when the aircraft is warmed up  the launch point becomes the "elevation of the departure"

point. The altitude of the UAV is visible in the control monitor by the PIC before launch and is

consistently updated as the flight progresses. I respectfully request an exemption from this rule.

§91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other things,

that "no person may begin a flight in an airplane under VFR condition unless...there is enough
fuel to fly to the first point of the intended landing and, “...fly after that for at least 40 minutes

(day) and 45 minutes (night)".

Response: This regulation deals with 'reserve' fuel. This could include any condition that

increases flight time or fuel consumption. Weather would be one factor including wind,

turbulence and the necessity to divert around threatening thunderstorms.

Compliance with this regulation is not possible because the 'fuel" onboard our UAVs is not

aviation gas but a DC battery with a maximum flight duration of 18 minutes for the DJI Inspire 1

and 23 minutes for the DJI Phantom 3 Professional. Fuel management of a UAV requires

constant monitoring of the battery's state-of-charge and bringing it home before it reaches the

manufacturer’s recommended 30-percent level. In our training flights, we've found that a flight of

10-15 minutes to be safe, returning the UAV to its Home Point around the 40-percent level. I

respectfully request an exemption from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the

keeping of appropriate maintenance records and replacement of inoperable instruments

Response: Maintenance on our UAVs is quite straight forward. If, in landing, a rotor blade or

two are damaged, they are quickly replaced. The traditional instrument cluster in an aircraft is

replaced by a data stream from our UAV, visible in the control monitor.

Replacement of minor parts are performed by the PIC and a major 'overhaul' that can’t be easily

resolved will go back to the manufacturer for repair. Currently, there are no required inspections

by 'authorized' maintenance personnel and there would be no space/room on board to install a

placard of inoperability. I respectfully request an exemption from this rule.

§ 91.407

Summary/Response: This section addresses requirements after maintenance has been

performed. Again, approval of the maintenance before flight is essentially in the hands of the

PIC.

Whatever maintenance is performed will be entered in the aircraft log, unless a separate

maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying

passengers or crew members, if the flight characteristics have been substantially affected,

before a rated pilot performs an operational check of the maintenance.

Again, this is a PIC's responsibility to preflight the UAV and determine its flyability. And, as

mentioned earlier, there is no pilot, crew members or passengers on-board our UAVs. I

respectfully request an exemption from this rule.
§ 91.409

Inspections: This section deals with the necessity of annual and 100-hour inspections or

"progressive inspections" and approval by authorized persons which will lead to the "issuance of

an airworthiness certificate."

Response: As stated earlier, there is no FAA approved inspection protocols nor authorized

inspection personnel. The PIC handles those issues each time our UAVs are prepared for flight.

The pre-flight check list enumerated earlier will be followed to determine its mechanical and

electronic integrity. I respectfully request an exemption from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair,

replacement and condition of vital parts (rotors, engines & airframe). Certain records must be

retained for one year while other records must be kept with the aircraft even when sold to

another part.

Response: The details of this section would be impractical with our UAVs, but repair issues can

be entered into the aircraft log. I respectfully request an exemption from this rule.

The above requests for exemptions follow the guidance published by the FAA.

COMMUNITY BENEFIT:

First and foremost is the level of safety offered by the use of a small UAV in comparison to a

manned fixed wing or rotorcraft. Weighing less than 6.5 pounds with camera and battery, our

UAVs are incapable of causing the level of damage or injury caused by a full-size, manned

aircraft. Additionally, the ecologic and noise impact is negligible as compared to traditional

manned aircraft. Economically, small unmanned aerial vehicles are the most cost-effective

solution for obtaining low and slow video and photography for promoting real estate, making

aerial videography more affordable for the businesses we serve.

Respectfully,

Steve Farthing

Owner, Phototours360
ATTACHMENTS:

DJI Inspire 1 User Manual

DJI Inspire 1 Intelligent Flight Battery Safety Guidelines

DJI Phantom 3 Professional User Manual

DJI Phantom 3 Professional Intelligent Flight Battery Safety Guidelines