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March 14, 2016   

United States Department of Transportation  

Docket Management System  

1200 New Jersey Ave., SE  

Washington, DC 20590  

  

Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012  

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and CFR Part 11 of

small Unmanned Air Aircraft Systems (UAS), Reg Francklyn Photography, INC is requesting to be exempted from

the Federal Aviation Regulations (FARs) contained herein in order to operate a UAS commercially in airspace

regulated by the Federal Aviation Administration.  These operations will be conducted within the guidelines and

regulations established by the Federal Aviation Administration (FAA)    and any terms of relief established and

granted by the FAA’s approval of this request within the National Airspace System (NAS).   

  

Reg Francklyn (owner and CEO of Reg Francklyn Photography, INC) specializes in Aerial photography and

videography. Reg Francklyn Photography. Reg Francklyn will be the operator for all aspects of aerial operation to

Include but not limited to (training additional operators, conducting briefings pertaining to UAS operations,

aircraft maintenance Including logs, flight logs, contacting authorities or airport facilities in order to ensure

compliance with operations of the UAS).  All UAS operations of Reg Francklyn Photography will be in accordance

with all current governing UAS regulations as established by the FAA, as well as all provisions contained in the

FAA’s Small UAS NPRM (FAA’s proposed Part 107).  

  

The approval of this request would permit the operation of lightweight (less than 55 lbs. total take‐off

gross weight) UAS under supervised and controlled conditions for commercial use by a Certified Pilot.  This would

fulfill and add a level of safety to the Secretary of Transportation’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:  

Reg Francklyn Photography, Inc
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   Reg Francklyn(UAS operator)

    6436 Rifle Circle  

Colorado Springs, CO                                                 

80919

   Phone:  719‐593‐1473

Email:  r.francklyn@gmail.com  

  

Reg Francklyn Photography, Inc respectfully requests to be granted exemptions to the following specific

sections of the Title 14 Code of Federal Regulations allowing operations of lightweight UAS for commercial

purposes:  

  

14 CFR Part 21   14 CFR Part 45 14 CFR Part 61   14 CFR Part 91

Subpart H        45.23(b)     61.113(a), (b)    91.7(a)  

91.9(b) (2)

91.103(b)  

91.109

91.119  

91.121

91.151(a)  

91.203(a), (b)  

91.405(a)  

91.407(a) (1)  

91.409(a) (2)

91.417(a), (b)

  

The requested relief and exemptions would permit Reg Francklyn Photography, INC to operate a UAS in a

commercial service business in the NAS.  These commercial services would consist of, but not limited to, initially

operating a registered DJI Phantom 3 Advanced quad‐copter, (or at a later time, similar type and category of UAS)

to conduct aerial video and photography of real estate, construction sites, inspections, special events, aerial

survey, inventory assessments, and for marketing and/or advertising, Search and Rescue Operations when

requested or approved by local authorities.  These services are not limited to the above and may expand as the

capabilities of UAS are realized.    

Public Interest:

The Public will benefit from this exemption as follows:
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Delivery of low cost aerial services for marketing of real estate, inspections, documentation of sites for legal

purposes such as evidence gathering, construction progress in areas where conventional aerial photography is too

expensive, dangerous, or intrusive.

The UAS operates at speeds of less than 30 knots and has the capability to hover and move in a vertical

and horizontal plane simultaneously.  This operating speed is well below the proposed 87 knot limit.  The UAS will

be operated within the line‐of‐sight of the pilot within the protected flight area.   The DJI Phantom operates at a

RC frequency of 2.4 GHz for both control and video play back and complies with FCC regulations.  The UAS takes

high quality still and video digital images that will be used to provide data and photographic images for

commercial customers.    Additional examples of aerial photography may Include constructions sites, roof

inspections and aerial video/photography of sporting or special events or weddings.  The use of the UAS for aerial

inspections reduces the need to utilize conventional manned aircraft, manned lifting devices or manual climbing

and provides very high quality imagery at a fraction of the cost and Increased safety.    These types of UAS

operations will benefit the public by reducing exhaust emissions, noise pollution, reducing setup and labor times

in various occupational settings, Increasing safety and other operational efficiencies.  Reg Francklyn Photography,

INC will operate each UAS with a philosophy of  safety.  This means that all of our operators will operate the UAS

in compliance with FAA regulations and any stipulated exemptions with the utmost of concern for safety.  This

type of policy will create a safe operational environment that will not create undo hazards to the other users of

the National Airspace System (NAS) or the public in general.  

  

Authority for Exemptions  

Reg Francklyn Photography, INC submits this application to request exemptions as set forth by the

Congressional Mandate in Section 333 of the Reform Act for the Commercial Use of UAS.   The purpose of the

Reform Act is to help safely introduce UAS into the National Airspace System (NAS).  In making this consideration,

the Secretary of Transportation is required to determine which types of UAS do not create a hazard to users of the

NAS or the public, or pose a threat to national security in light of the following considerations:  

  

   ‐ The UAS size, weight, speed and operational capability.  

   ‐ Operation of the UAS in close proximity to airports and populated areas.  

       ‐ Operation of the UAS within visual line‐of‐sight of the operator.  

  

Reform Act 333 (a).  If the Secretary of Transportation determines that such vehicles “may operate safely in the

National Airspace System, the Secretary shall establish requirements for the safe operation of such aircraft in the

National Airspace System.”

Given the clear direction of Section 333 of the Reform Act and the authority contained in the Federal

Aviation Act, as amended, the diminutive nature of the UAS that are utilized by Reg Francklyn Photography, Inc,

combined with the safety protocols outlined below, will allow for a greater than equivalent level of safety which

Congress had envisioned. Approval of the requested exemptions presents no national security issues and

addresses all known safety concerns, thus offering the equivalent or greater level of safety suggested by the
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mandate.    In addition, further significant benefits to the general public would be:    enhanced safety, reduced

emissions and noise versus the use of traditional aircraft, as well as, reducing the cost of aerial photography, all of

which meet the intent of Reform Act 333.   

  

Operation Procedures  

The following protocols are to be used as standard operating practice of UAS for commercial purposes by

Reg Francklyn Photography:  

1. The DJB Phantom 3 quad‐copter will be registered with the FAA.    Any UAS to be used by Reg

Francklyn Photography INC will comply with any registration requirements of the FAA.  

2. Flights will be operated in the visual line‐of‐sight (VLOS) by the pilot in command.  

3. Flights will only occur in daylight hours (official sunrise to official sunset, local time)  

4. The UAS weight will be less than 55 lbs. at takeoff and during flight and landing.  

5. Flights will be terminated with 25% of battery life remaining.  

6. Flights will be operated at an altitude at or below maximum allowed altitude for that flight, primarily

200 feet AGL within Class G airspace, unless required ATC permissions are obtained for operation

within Class B, C, D, or E airspace.    

7. Maximum airspeed will be 20 mph (17 knots)   

8. Pilot, camera operators, and observers will be trained in accordance with the applicable portion of

the UAS manual, as well as the Standard Operating Procedures.  

9. Minimum UAS crew will be one licensed pilot with a current FAA medical.  A camera operator and/or

observer may be added as required to further reduce the possibility of task saturation by the pilot.  

10. Pilot, observer, and camera operator will maintain real‐time communication capability throughout

flight operations.  

11. The UAS Pilot will conduct a full‐site survey to determine the Area of Responsibility (AOR).  This AOR

is the actual area for UAS operations for a particular day.  Each survey will Include the assessment of

potential hazards to Include, but not limited to:   airspace classifications, temporary flight restrictions,

closest airport proximity, natural and manmade obstacles, and unnecessary/non‐participating

persons which may pose a risk to operations or safety.  If deemed necessary, the crew will employ

additional personnel as safety observers.  

12. A thorough briefing will be conducted, prior to the first flight of the day in an AOR, utilizing the

briefing guide in the SOPs.    Flights will be restricted to ceilings at or above 1000 ft. AGL and/or

visibility of 3 statute miles or greater from center of AOR.  

13. Operator will notify any persons who need to be within 100 feet of UAS flight operations.  

14. Written and/or verbal permission from the relevant property owners will be obtained prior to flight.  

15. All required permissions and permits would be obtained from territorial, state, county or city

jurisdictions, Including local law enforcement, fire, or other governmental agencies.  
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16. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a

pre‐determined location within the AOR and land autonomously.  

17. The UAS will have the ability to abort a flight in case of unpredicted obstacles or emergencies.    

18. A preflight inspection will be conducted prior to any operations and the UAS will be maintained in

safe condition for flight operations.   Reg Francklyn Photography, Inc will retain a Maintenance log

book to record all maintenance and modifications to the UAS.    

19. All flights will be electronically recorded and made available to the FAA upon request.    

20. The UAS will be marked with contact information and registration number.  

21. All flights will follow all FAA proposed rules, Including:  no careless or reckless operation, PIC will not

conduct flights if experiencing any physical or mental impairments.  

22. Any accident that results in injury to property or persons will be reported within 10 days.  

  

       

Operator Certification and Responsibilities  

Reg Francklyn Photography’s Chief UAS Operator will Reg Francklyn. He has over 30 years

experience as a aerial photographer utilizing fixed wing and rotor wing aircraft. He will insure each UAS

system have a current SOP and checklist to aid in all operational aspects to ensure a high level of safety.

As previously stated, briefings will be conducted for anyone involved in the UAS flight in order to Increase

public safety and awareness. Any additional operators utilized will meet all requirements set forth by the

FAA and the Standard Operating Procedures outlined within. specifically Under this grant of exemption, a 

PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. 

The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued 

by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. 

The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in 

which the PIC is rated on his or her pilot certificate.

Description of Specific Regulations  

4 CFR Part 21 Subpart H:  Airworthiness Certificates 14 CFR 91.7(a), 91.203(a) (1)  

Subpart H, entitled, “Airworthiness Certificates”, sets forth requirements for procurement of

necessary airworthiness certificates in relation to FAR 91.230(a) (1).  The size, weight, and defined area of

operations for Reg Francklyn Photography, Inc.    UAS flights permits exemption of Part 21 Subpart H,

because Reg Francklyn Photography, Inc.  meets an equivalent level of safety pursuant to Section 333 of

the Reform Act.  The FAA is authorized to exempt aircraft from the airworthiness certificate requirement

under both 49 USC Section   44701 (f) and Section 333 of the Reform Act.  Both pieces of legislation permit

the FAA to exempt UAS from the airworthiness certificate requirement in consideration of weight, size,

speed, maneuverability and proximity to areas such as airports and dense populations.   

 As previously noted in #17 of Operation Procedures:  A preflight inspection will be conducted prior to

any operations, and the UAS will be inspected and maintained for safe operations.    Reg Francklyn

Photography,  will retain a Maintenance log book to record all maintenance and modifications to the

UAS.    This meets or exceeds any Airworthiness concerns under the Reform Act, and therefore, an

exemption to these regulations should be granted.  

  
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14 C.F.R 91.203(a), (b) provides for carrying of civil aircraft certifications and registrations.  They are

inapplicable   for the same reasons stated above.   

 The equivalent level of safety will be achieved by the aforementioned periodic maintenance and

inspections and applicable manuals and log books to be kept in the possession of Reg Francklyn

Photography, Inc.   

14 C.F.R 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate.   

 As no such certificate will be applicable in the form contemplated by the FARs, this regulation is

inapplicable.   

  

14 CFR 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 the aircraft inspected as

prescribed in Subpart E of this section and shall, between required inspections, except as prescribed 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.”  

     

• These regulations only apply to aircraft with an airworthiness certificate.  They will not apply to the

UAS utilized by Reg Francklyn Photography, Inc, should its requested exemption be granted.   

  

• As an equivalent level of safety, all of Reg Francklyn Photography, Inc’s UAS operators will be required

to conduct a preflight, through‐flight, and post‐flight inspection of the UAS to ensure its flight

worthiness.  Each UAS is flown in compliance with the applicable manufacturer’s manual to Include all

software update cycles as well as flight checklists.  In the event of a malfunction, the UAS can land

immediately either automatically or through manual control.  

  

14 CFR 45.23 Marking of the Aircraft  

Applicable Code of Federal Regulations require aircraft to be marked according to certain

specifications.  The UAS operated by Reg Francklyn Photography Inc. are unmanned and do not have a

cabin, cockpit, or pilot station on which to mark certain words or phrases.    

 Due to the size, two‐Inch lettering is impractical to place on such small aircraft.  There will, however, be

contact and registration information affixed to the aircraft’s exterior to allow identification of the

aircraft.  

14 CFR 61.113 (a), (b) Private Privileges and Limitations:  Pilot in Command

Unlike civil aircraft, the UAS does not carry living things on board; rather, it is controlled remotely via a

safe and restricted location.    
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 Reg Francklyn Photography, Inc requests relief in order to facilitate the utilization of pilots, who hold a SPORT

PILOT (or greater) certificate. Any pilots operating under this exemption would be required to comply with any

conditions as set forth and in a similar fashion to previously granted exemptions.

  

14 CFR 91.9(b) (2) Civil Aircraft Flight Manual in the Aircraft  

14 CFR 91.9(b) (2) requires an aircraft flight manual in the aircraft.    As there are no pilots or

passengers, and given the size of the UAS, this regulation is inapplicable.    

 An equivalent level of safety will be achieved by maintaining an Operator’s Manual at the operations

center.  The FAA has previously issued exemptions to this regulation.  

  

14 CFR 91.103(b) Preflight actions  

Each Pilot in Command shall, before beginning a flight, become familiar with all available information

concerning that flight.   This information must Include:   (b) For any flight, runway lengths at airports of

intended use, and the following takeoff and landing distance information:    This subparagraph is not

applicable due to our off‐airfield operation.  

14 CFR 91.109 Flight instruction:  Simulated instrument flight and certain flight tests  

14 CFR 91.109 and all subparagraphs address the operation of a civil manned aircraft in conjunction

with the training and flight tests.    

 The UAS to be utilized by Reg Francklyn Photography, Inc are not designed in this category.  

14 CFR 91.121 Altimeter Settings  

14 CFR 91.121 regarding altimeter settings is inapplicable.  

 Reg Francklyn Photography, Inc’s UAS utilize GPS systems and internal gyroscopes to provide spatial

stability and reference datum.  

14 CFR 91.151 Fuel Requirements for Flight in VFR Conditions  

14 C.F.R 91.151 (a) states “No person may begin 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 UAS provides approximately 23 minutes of powered flight, which is less

than the reserve requirement alone by FARs for day or night VFR flight.  Given the limitations on the
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UAS flight envelope, proposed AOR size, battery life and its ability to land immediately, it is reasonable

to allow an exception to this regulation.  

  

• An equivalent level of safety can be achieved by limiting flights to 25% of battery power.    This

restriction would be more than adequate to return the UAS to its planned landing zone in the AOR  

14 CFR 91.119 Minimum Safe Altitudes  

14 CFR 91.119 prescribes safe altitudes for the operation of civil aircraft.    It allows helicopters to be

operated at lower altitudes in certain conditions.   

  

• Reg Francklyn Photography, Inc. will normally operate the UAS at or below 200’ AGL.   In situations

involving obstacles, i.e. buildings, towers, natural obstructions, the UAS will be operated at altitudes

that maintain a level of safety above those objects that are not directly associated with the service

being performed.  Reg Francklyn Photography, Inc will operate a UAS only in a defined AOR that has

been carefully reviewed for hazards and minimizes the presence of any person not essential for

operations.    UAS present a far smaller risk in comparison to the flight operations with traditional

aircraft or rotorcraft weighing far more than 55 lbs. that use flammable fuel versus UAS that weigh

less than 55 lbs. without the risks associated with flammable fuel and operate at less than 400 AGL.  

  

• The equivalent or higher level of safety will be achieved given the size, weight, speed, and fuel

characteristics of the UAS, as well as, the location and size of its operating area.    

  

  

Summary  

Reg Francklyn Photography, Inc is seeking exemption from the following rules:  14 CFR 21   

Subpart H, 14 CFR 45.23 (b), 14 CFR 61.113 (a),(b), 14 CFR 91.7 (a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121,  

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 UAS 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

pounds of fuel presenting a significant risk to life and property.  The use of a small UAS weighing less than 55 lbs.,

powered by batteries and operating at altitudes at or below 200’ AGL will greatly minimize the risks associated

with traditional aerial photography.    Reg Francklyn Photography’s    Operators will have the qualifications,

knowledge, and skills necessary to meet and exceed the provisions being proposed in the FAA’s Small UAS NPRM,

and the intent of the Reform Act of 2012. Reg Francklyn Photography Inc. respectfully requests that the FAA

grants these exemptions without delay.    

              

SIncerely,  
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Reg Francklyn Photography, Inc

Reg Francklyn

6436 Rifle Circle

Colorado Springs, CO 80919

719‐593‐1473

r.francklyn@gmail.com