Running head: Falcon's Nest, LLC Petition for Exemption to Operate Unmanned Aircraft Systems



### Falcon'sNest, LLC 7709 Amberly Dr. Colorado Springs, Co 80923 July 7, 2015 United States DepartmentofTransportationDocketManagementSystem 1200 New JerseyAve., SEWest Building Ground Floor Room W12-140 Washington, DC 20590 RE: Falcon's Nest, LLC Petition for Exemption to OperateUnmannedAircraft Systems for Aerial Photography,Videography, and Photogrammetry Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA) and 14 C.P.R. Part 11, Falcon'sNest, LLC hereby applies for an exemptionfrom the Federal Aviation Regulations (FARs) listed herein and any othernecessary to allow its operation ofsmall Unmanned Aircraft Systems (UAS) to provide aerial photography, videography and photogrammetry services. The requested exemptionwould permit the operation ofthe Yuneec Q500 UAS to obtain aerial photographs and video for mapping, surveying, structural inspections, and real estate sales. 

### BACKGROUND Since returning from Iraq in December 2012, Garfield Johnson founded Aerial Intelligence Solutions which later changed its name to Falcon'sNest. The mission ofAerial Intelligence Solutions was to provide unmanned aerial vehicles service in support ofOperations Enduring Freedom inAfghanistan. However, due to military drawdown in Afghanistan, the organization changed in its mission purpose. Mr. Johnson in 2012 beganproducingprofessional grade aerial photography equipment as a Value Added Reseller (VAR) for his own use as well as for otherphotographers by assembling components from manufacturers such as XProheli, DJI, and 3D Robotics. Mr. Johnson's professional background includes three Masters Degrees in the areas ofpolitical science, criminaljustice,public administration. Mr. Johnson is also completing his doctoral degree in education at CreightonUniversity. He also is a high school teacher, professionalphotographer and has built and flown radio control aircraft for the past 15+ years. All ofthese skills enable him to produce high quality reliable multirotor aircraft for professional aerial photography. Because ofthe currentregulatory environment, sales have been limited to hobby use customers. Falcon's Nest would like to expand operations and provide professional aerial photography, videography, and photogrammetry services to businesses and individuals in the Denver, Pueblo, and the Colorado Springs areas.

1Running head: Falcon's Nest, LLC Petition for Exemption to Operate Unmanned Aircraft Systems

The Unmanned Aircraft (UA) described hereinis smaller, lighter and more maneuverable than conventional aircraft running oncombustible fuel, operates at lower altitudes with no people on board and will therebyreduce currentrisk levels, enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time ofonly 25 minutes, this offers little orno risk to national security. Additionally, Falcon'sNestrequests to be allowed to use its systemto benefit first responders nearby who mayrequire assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations cited herein as we do so. 

### THE UNMANNED AIRCRAFT (UA) Typhoon QSOO Height: 210mm (8.3 in) Length (withoutrotor blades): 420mm (16.5 in) Width (withoutrotor blades): 420mm (16.5 in) Diameter (without rotor blades): 565mm (22.2 in) Propeller/RotorBlade Diameter: 330mm (13.0 in) Weight (withoutbattery and payload): 1130g (40.0 oz) TakeoffWeight (withbattery and CG02-GB): 1700g (60.0 oz) Battery: 5400mAh 3S 11.1V LiPo (included) Charger: DC 3S 11.1V LiPo balancing and AC adapter (included) Transmitter: ST10 10-channel2.4GHzwith 5.8GHz video link (included) Flight Time: 20-25 minutes
Yuneec QSOO+ Typhoon TYPHOON Q500+ Height: 210mm (8.3 in) Length (withoutrotor blades): 420mm (16.5 in) Width (withoutrotorblades): 420mm (16.5 in) Diameter (withoutrotor blades): 565mm (22.2 in) Propeller/RotorBlade Diameter: 330mm (13.0 in) Weight (withoutbattery and payload): 1130g (40.0 oz) TakeoffWeight (withbattery and CG02+): 1700g (60.0 oz) Battery: 5400mAh 3S 11.1V LiPo (included) Charger: DC 3S 11.1V LiPo balancing and AC adapter (included) Transmitter: ST10+ 10-channel2.4GHzwith 5.8GHz video link (included) Flight Time: 20-25 minutes

2Running head: Falcon's Nest, LLC Petition for Exemption to Operate Unmanned Aircraft Systems

The Unmanned Aircraft (UA) described hereinis smaller, lighter and more maneuverable than conventional aircraft running oncombustible fuel, operates at lower altitudes with no people on board and will therebyreduce currentrisk levels, enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time ofonly 25 minutes, this offers little orno risk to national security. Additionally, Falcon'sNestrequests to be allowedto use its systemto benefit first responders nearby who may require assistance, including fire fighters, the police, the sheriff, et al., while remaining subjectto all limitations citedherein as we do so. 

### THE UNMANNED AIRCRAFT (UA) Typhoon QSOO Height: 210mm (8.3 in) Length (withoutrotor blades): 420mm (16.5 in) Width (withoutrotor blades): 420mm (16.5 in) Diameter (withoutrotor blades): 565mm (22.2 in) Propeller/RotorBlade Diameter: 330mm (13.0 in) Weight (withoutbattery and payload): 1130g (40.0 oz) TakeoffWeight (withbattery and CG02-GB): 1700g (60.0 oz) Battery: 5400mAh 3S 11.1V LiPo (included) Charger: DC 3S 11.1V LiPo balancing and AC adapter (included) Transmitter: ST10 10-channel2.4GHzwith 5.8GHzvideo link (included) Flight Time: 20-25 minutes
Yuneec QSOO+ Typhoon TYPHOON Q500+ Height: 210mm (8.3 in) Length (withoutrotorblades): 420mm (16.5 in) Width (withoutrotorblades): 420mm (16.5 in) Diameter (withoutrotor blades): 565mm (22.2 in) Propeller/RotorBlade Diameter: 330mm (13.0 in) Weight (withoutbattery and payload): 1130g (40.0 oz) TakeoffWeight (withbattery and CG02+): 1700g (60.0 oz) Battery: 5400mAh 3S 11.1V LiPo (included) Charger: DC 3S 11.1V LiPo balancing and AC adapter (included) Transmitter: ST10+ 10-channel2.4GHzwith 5.8GHz video link (included) FlightTime: 20-25 minutes

2Running head: Falcon's Nest, LLC Petition for Exemption to Operate Unmanned Aircraft Systems



### GROUND STATION EQUIPMENT The ground station equipment is comprised ofa dual control and audio communication equipment. 

### Primary controller is for the Pilotin Command (PIC) • 2.4 GHzradio control unit (FCC Licensed) • 5.8 GHz video receiver (FCC Licensed) 

### Display ofvideo and telemetry CameraController operates the camera gimbal and does not affect aircraft control • 2.4 GHzradio control unit. (FCC Licensed) • 5.8 GHz video receiver (both PIC and Cameramanreceive the same signal) • Display ofvideo and telemetry • Directional antenna for improved video reception. • VHF radios (License WQMQ587) for communications ifneeded to overcome distance or environmental noise. 

### GROUND CREW • Pilot in Command (PIC). The pilot incommand will have at least a third class medical and 5+ years Unmanned Aerial Systems flight experience • Camera Operator (optional). The Camera operator controls the camera onboard the aircraft for photography and videography missions. Forphotogrammetrymissions, the camerais in a fixed position and the camera operator is not necessary. • Visual Observer (VO). The visual observerwill provide additional situational awareness during flight operations. 

### OPERATIONAL PARAMETERS 1. The UAS will weigh less than 5pounds. 2. Flights will be operated within visual line ofsight ofa pilot and/or observer. 3. Maximumtotal flight time for each operational flight will be 15 minutes. Flights will be terminated at 25% battery powerreserve should that occurpriorto the 25 minute limit. 4. Flights will be operated at an altitude ofno more than 400 feet (122 meters) AGL. Unless a specific COA is obtained, the limit will be according to the "blanket" COA of200 feet (61 meters). 5. Minimum crewfor each operation will consist oftheUAS pilot and the Visual Observer. 6. UAS pilot will have at least a third class medical and 5+ years Unmanned Aerial Systems flight experience. Pilot in command will have completed operator and safety training from Falcon'sNest and continuing educational courses offered through yearly conferences and conventions onthe subject ofunmanned aerial systems. Pilot incommand will also have accumulated and logged at least 25 hours total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilotwith a multi-rotor UAS and 5hours inthe same make and model ofUAS proposed under this exemptionrequest. Local AMA flying fields and rules will be used to accumulate flying time and practice emergency procedures. Pilot in command will also remain current for the type ofaircraft for which the pilot in command is licensed. 7. Written and/or oral permission will be obtained from the property owner.
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### "'Running head: Falcon's Nest, LLC Petition for Exemption to Operate Unmanned Aircraft Systems

8. Pilot and observer will be able to communicate by voice at all times during the operation. Communicationmay be assisted by VHF or UHF radio when necessary. Textcommunications are not allowed. 9. The UAS will only be operated during daytime hours inVFRweather conditions. 10. Operations may not be conducted aboard a moving device orvehicle. 11. Operation near airports will be conducted according to the "blanket" COA unless another COA is obtained. • 5 nautical miles (NM) from an airport having an operational control tower; or • 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or • 2 NM from an airport without a published instrument flight procedure or an operational tower; or • 2 NM from a heliport with a published instrument flight procedure 12. Maximum speed 50 knots. PRE-FLIGHT CHECKLIST 1. Weather conditions are suitable for VFRflight and wind is 18 mph or less. 2. Measure battery voltage to make sure batteries are sufficiently chargedbefore takeoff. 3. Verify that all wiring connections are tight. 4. Raise and lock all rotor arms. Inspect for cracks, damage, and loose hardware. 5. Checkto make sure propellers are secure and free from dirt, cracks and chips. 6. Install mainbattery and checkbalance. 7. Turn oncameraequipment. 8. Verify all switch positions onthe RC transmitters. Generally they are all inthe forward position with the exception ofthe Mode which should be setto "GPS". 9. Turn onradio control transmitters and video equipment. 10. Connectthe UAS mainbattery. Check for radio connection with RC transmitters and video downlink. 11. During warmup, checkthe A2 Flight Controller LED indicator. One green flash indicates GPS mode. Wait for both ofthe following LED indications: a. A string of 1 0 ormore green flashes indicating that the forward directionhas beenrecorded. b. 2 or less red flashes to indicate that 5 or more GPS satellites have been obtained. This may also be observed inthe video telemetry information. 12. Announce your intentionto take offby announcing "Take Off'. DOCUMENTATION The following documents are attached and provided to supportthis petition. • Typhoon 500 EVO UserManual Version 2.1 • Typhoon 500+ EVO UserManual Version 1.0 • Falcon'sNestPreflight Checklist (see above) • University education diplomas • Falcon'sNest, LLC

4Running head: Falcon's Nest, LLC Petition for Exemption to Operate Unmanned Aircraft Systems



### SPECIFIC SECTIONS OF 14 C.F.R. FROMWHICHPETITIONERS SEEKAN EXEMPTION A. 14 C.F.R. 

### §§ 61.113(a) and (b) Private Pilot Privileges and Limitations: Pilot in Command. These regulations limit privatepilotsto non-commercial operations. Because the UAS will not carry a pilot orpassengers and be operated within limited areas and altitudes, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraft to have a privatepilot's license ratherthan a commercial pilot's license to operate this small UAS. B. 14 C.F.R. 

### § 91.7(a) Civil Aircraft Airworthiness While the UAS will nothave an airworthiness certificate in accordance with 14 C.F.R. part 21, Subpart H, the airworthy condition ofthe UAS will be the responsibility ofthe pilot in command in accordance with 14 C.F.R. 

### § 91.7(b). C. 14 C.F.R. 

### § 91.119(c) Minimum safe altitudes over congested and other areas This regulation establishes safe altitudes for operation ofcivil aircraft over areas otherthan congested areas. BEAP requests relieffrom this section with respectto persons involved in the operation as well as vehicles and structures. The UAS will not be operated above 400 feet altitude. Itwill be operated in a defined area where people and buildings will not be exposedto operations without theirpre-obtained consent. D. 14 C.F.R. 

### § 91.121 Altimeter Settings This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS does nothave a barometric altimeter, an exemption is requested. The UAS Flight Controller utilizes GPS equipment aided by a static pressure sensorto determine and maintain altitude. The aircraft altitude above the takeoffpoint is provided inthe video downlink telemetry information and provides sufficient information for the PIC to maintain altitudes at orbelow the 400 foot (122 meter) limitations.
E. 14 C.F.R. 

### § 91.151(a) Fuel requirements for flight inVFR conditions Section 91.151(a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cursing speed- (1) During the day to fly after that for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." Given that the UAS aircraft only fly for a maximum of30 minutes and typically carry about 15 minutes ofbatterpower, an exemption is requested. The UAS operations are always conducted within a few minutes ofthe takeoffand landing point and within a restricted area. BEAP believes that terminating the flight with 25% remaining batterypowerprovides an equivalent amount of safety that is intendedby section 191.151(a). F. 14 C.F.R. § 91.405(a) Maintenance Required; 14 C.F.R. 

### § 91.407(a)(1) Operation after maintenance, preventative maintenance, rebuilding or alteration; 14 C.F.R. §§ 91.409(a)(l) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance Records

5Running head: Falcon's Nest, LLC Petition for Exemption to Operate Unmanned Aircraft Systems

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpartE ofthis part and shall betweenrequired inspections, except as provided in paragraph (c) ofthis sectionhave discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with part43. Given that the sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the Petitioner. Maintenance will be accomplished by the operator pursuant to the Owner's Manuals. An equivalent level ofsafety will be achieved because these small UAS are very limited in size and will carry a small payload and operate only in restricted areas for limitedperiods oftime. Ifmechanical issues arise, the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operator will ensure that the UAS is in working orderprior to initial flight, perform required maintenance and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintainthe aircraft in an airworthy condition to provide the equivalent level of safety. The FAA issued exemptionto these regulations in ExemptionNo. 11062. 

### SUMMARY TO BE PUBLISHED IN THEFEDERAL REGISTER Petitioner: 

### Falcon's Nest, LLC Sections of 14 C.FRAffected:§§ 61.113(a) and (b);§ 91.7(a); § 91.119(c); § 91.121; § 91.151(a); § 91.405(a); § 91.407(a)(l); §§ 91.409(a)(1) and (2); §§ 91.417(a) and (b) Description of Relief Sought: Falcon'sNest, LLC seeks relieffrom the requirements of 14 C.P.R. §§ 61.113(a) and (b); 14 C.P.R.§ 91.7(a); 14 C.P.R.§ 91.119(c); 14 C.P.R.§ 91.121; 14 C.P.R. § 91.151(a); 14 C.P.R.§ 91.405(a); 14 C.P.R.§ 91.407(a)(l); 14 C.P.R.§§ 91.409(a)(l) and (2); 14 C.P.R.§§ 91.417(a) and (b) to operate small unmanned aircraft systems (UAS) for the purpose ofaerial photography, videography, and photogrammetry.
Respectfully Submitted,

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....,.._;v-, Garfield Johnson President Falcon'sNest, LLC 7709 Amberly Dr. Colorado Springs, Co 80923 Phone: 719-648-1892

6Running head: Falcon's Nest, LLC Petition for Exemption to Operate Unmanned Aircraft Systems



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