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

Falcon's Nest, LLC 

7709 Amberly Dr. 

Colorado Springs, Co 80923 

July 7, 2015 

United States Department of Transportation Docket Management System 

1200 New Jersey Ave., 

SE West Building Ground Floor 

Room W12-140 Washington, DC 20590 

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

for Aerial Photography, Videography, and Photogrammetry 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (FMRA) and 14 

C.P.R. Part 11, Falcon's Nest, LLC hereby applies for an exemption from the Federal Aviation 

Regulations (F ARs) listed herein and any other necessary to allow its operation of small 

Unmanned Aircraft Systems (UAS) to provide aerial photography, videography and 

photogrammetry services. The requested exemption would permit the operation of the 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's Nest. The mission of Aerial Intelligence 

Solutions was to provide unmanned aerial vehicles service in support of Operations Enduring 

Freedom in Afghanistan. However, due to military drawdown in Afghanistan, the organization 

changed in its mission purpose. 

Mr. Johnson in 2012 began producing professional grade aerial photography equipment as a 

Value Added Reseller (V AR) for his own use as well as for other photographers by assembling 

components from manufacturers such as XProheli, DJI, and 3D Robotics. Mr. Johnson's 

professional background includes three Masters Degrees in the areas of political science, 

criminal justice, public administration. Mr. Johnson is also completing his doctoral degree in 

education at Creighton University. He also is a high school teacher, professional photographer 

and has built and flown radio control aircraft for the past 15+ years. All of these skills enable 

him to produce high quality reliable multirotor aircraft for professional aerial photography. 

Because of the current regulatory 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. 

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

The Unmanned Aircraft (UA) described herein is smaller, lighter and more maneuverable than 

conventional aircraft running on combustible fuel, operates at lower altitudes with no people on 

board and will thereby reduce current risk levels, enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximum flight time of only 25 

minutes, this offers little or no risk to national security. 

Additionally, Falcon's Nest requests to be allowed to use its system to benefit first responders 

nearby who may require assistance, including fire fighters, the police, the sheriff, et al., while 

remaining subject to all limitations cited herein as we do so. 

THE UNMANNED AIRCRAFT (UA) 

Typhoon QSOO 

Height: 210mm (8.3 in) 

Length (without rotor blades): 420mm (16.5 in) 

Width (without rotor blades): 420mm (16.5 in) 

Diameter (without rotor blades): 565mm (22.2 in) 

Propeller/Rotor Blade Diameter: 330mm (13.0 in) 

Weight (without battery and payload): 1130g (40.0 oz) 

Takeoff Weight (with battery and CG02-GB): 1700g (60.0 oz) 

Battery: 5400mAh 3 S 11.1 V LiPo (included) 

Charger: DC 3S 11.1 V LiPo balancing and AC adapter (included) 

Transmitter: ST10 10-channel2.4GHz with 5.8GHz video link (included) 

Flight Time: 20-25 minutes 

Yuneec QSOO+ Typhoon 

TYPHOON Q500+ 

Height: 210mm (8.3 in) 

Length (without rotor blades): 420mm (16.5 in) 

Width (without rotor blades): 420mm (16.5 in) 

Diameter (without rotor blades): 565mm (22.2 in) 

Propeller/Rotor Blade Diameter: 330mm (13.0 in) 

Weight (without battery and payload): 1130g (40.0 oz) 

Takeoff Weight (with battery and CG02+): 1700g (60.0 oz) 

Battery: 5400mAh 3S 11.1 V LiPo (included) 

Charger: DC 3 S 11.1 V LiPo balancing and AC adapter (included) 

Transmitter: ST10+ 10-channel2.4GHz with 5.8GHz video link (included) 

Flight Time: 20-25 minutes 

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

The Unmanned Aircraft (UA) described herein is smaller, lighter and more maneuverable than 

conventional aircraft running on combustible fuel, operates at lower altitudes with no people on 

board and will thereby reduce current risk levels, enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximum flight time of only 25 

minutes, this offers little or no risk to national security. 

Additionally, Falcon's Nest requests to be allowed to use its system to benefit first responders 

nearby who may require assistance, including fire fighters, the police, the sheriff, et al., while 

remaining subject to all limitations cited herein as we do so. 

THE UNMANNED AIRCRAFT (UA) 

Typhoon QSOO 

Height: 210mm (8.3 in) 

Length (without rotor blades): 420mm (16.5 in) 

Width (without rotor blades): 420mm (16.5 in) 

Diameter (without rotor blades): 565mm (22.2 in) 

Propeller/Rotor Blade Diameter: 330mm (13.0 in) 

Weight (without battery and payload): 1130g (40.0 oz) 

Takeoff Weight (with battery and CG02-GB): 1700g (60.0 oz) 

Battery: 5400mAh 3 S 11.1 V LiPo (included) 

Charger: DC 3S 11.1 V LiPo balancing and AC adapter (included) 

Transmitter: ST10 10-channel2.4GHz with 5.8GHz video link (included) 

Flight Time: 20-25 minutes 

Yuneec QSOO+ Typhoon 

TYPHOON Q500+ 

Height: 210mm (8.3 in) 

Length (without rotor blades): 420mm (16.5 in) 

Width (without rotor blades): 420mm (16.5 in) 

Diameter (without rotor blades): 565mm (22.2 in) 

Propeller/Rotor Blade Diameter: 330mm (13.0 in) 

Weight (without battery and payload): 1130g (40.0 oz) 

Takeoff Weight (with battery and CG02+): 1700g (60.0 oz) 

Battery: 5400mAh 3S 11.1 V LiPo (included) 

Charger: DC 3 S 11.1 V LiPo balancing and AC adapter (included) 

Transmitter: ST10+ 10-channel2.4GHz with 5.8GHz video link (included) 

Flight Time: 20-25 minutes 

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

GROUND STATION EQUIPMENT 

The ground station equipment is comprised of a dual control and audio communication 

equipment. 

Primary controller is for the Pilot in Command (PIC) 

• 2.4 GHz radio control unit (FCC Licensed) 

• 5.8 GHz video receiver (FCC Licensed) 

Display of video and telemetry 

Camera Controller operates the camera gimbal and does not affect aircraft control 

• 2.4 GHz radio control unit. (FCC Licensed) 

• 5.8 GHz video receiver (both PIC and Cameraman receive the same signal) 

• Display of video and telemetry 

• Directional antenna for improved video reception. 

• VHF radios (License WQMQ587) for communications if needed to overcome distance or 

environmental noise. 

GROUND CREW 

• Pilot in Command (PIC). The pilot in command 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. For photogrammetry missions, the 

camera is in a fixed position and the camera operator is not necessary. 

• Visual Observer (VO). The visual observer will provide additional situational awareness 

during flight operations. 

OPERATIONAL PARAMETERS 

1. The UAS will weigh less than 5 pounds. 

2. Flights will be operated within visual line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 15 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 25 minute limit. 

4. Flights will be operated at an altitude of no 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 crew for each operation will consist ofthe UAS 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's Nest and continuing educational courses offered through yearly conferences and 

conventions on the subject of unmanned aerial systems. Pilot in command 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 pilot with a multi-rotor UAS and 5 hours in the same make and model 

ofUAS proposed under this exemption request. 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 of aircraft 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. 

Communication may be assisted by VHF or UHF radio when necessary. Text communications 

are not allowed. 

9. The UAS will only be operated during daytime hours in VFR weather conditions. 

10. Operations may not be conducted aboard a moving device or vehicle. 

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 VFR flight and wind is 18 mph or less. 

2. Measure battery voltage to make sure batteries are sufficiently charged before takeoff. 

3. Verify that all wiring connections are tight. 

4. Raise and lock all rotor arms. Inspect for cracks, damage, and loose hardware. 

5. Check to make sure propellers are secure and free from dirt, cracks and chips. 

6. Install main battery and check balance. 

7. Turn on camera equipment. 

8. Verify all switch positions on the RC transmitters. Generally they are all in the forward 

position with the exception of the Mode which should be set to "GPS". 

9. Turn on radio control transmitters and video equipment. 

10. Connect the UAS main battery. Check for radio connection with RC transmitters and video 

downlink. 

11. During warmup, check the A2 Flight Controller LED indicator. One green flash indicates 

GPS mode. Wait for both of the following LED indications: 

a. A string of 1 0 or more green flashes indicating that the forward direction has been recorded. 

b. 2 or less red flashes to indicate that 5 or more GPS satellites have been obtained. This may 

also be observed in the video telemetry information. 

12. Announce your intention to take offby announcing "Take Off'. 

DOCUMENTATION 

The following documents are attached and provided to support this petition. 

• Typhoon 500 EVO User Manual Version 2.1 

• Typhoon 500+ EVO User Manual Version 1.0 

• Falcon's Nest Preflight Checklist (see above) 

• University education diplomas 

• Falcon's Nest, LLC 

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

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONERS SEEK AN 

EXEMPTION 

A. 14 C.F.R. §§ 61.113(a) and (b) Private Pilot Privileges and Limitations: Pilot in Command. 

These regulations limit private pilots to non-commercial operations. Because the UAS will not 

carry a pilot or passengers and be operated within limited areas and altitudes, the proposed 

operations can achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have a private pilot's license rather than 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 not have an airworthiness certificate in accordance with 14 C.F.R. part 21, 

Subpart H, the airworthy condition ofthe UAS will be the responsibility of the 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 of civil aircraft over areas other than 

congested areas. BEAP requests relief from this section with respect to persons involved in the 

operation as well as vehicles and structures. The UAS will not be operated above 400 feet 

altitude. It will be operated in a defined area where people and buildings will not be exposed to 

operations without their pre-obtained consent. 

D. 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 UAS does not have a barometric altimeter, 

an exemption is requested. The UAS Flight Controller utilizes GPS equipment aided by a static 

pressure sensor to determine and maintain altitude. The aircraft altitude above the takeoff point is 

provided in the video downlink telemetry information and provides sufficient information for the 

PIC to maintain altitudes at or below the 400 foot (122 meter) limitations. 

E. 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 cursing 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." 

Given that the UAS aircraft only fly for a maximum of 30 minutes and typically carry about 15 

minutes of batter power, an exemption is requested. The UAS operations are always conducted 

within a few minutes of the takeoff and landing point and within a restricted area. BEAP believes 

that terminating the flight with 25% remaining battery power provides an equivalent amount of 

safety that is intended by 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 

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Running 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 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 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 of safety 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 limited periods of time. If mechanical issues arise, the UAS can land immediately and 

will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in 

working order prior to initial 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. The FAA issued exemption to these regulations in Exemption No. 11062. 

SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER 

Petitioner: Falcon's Nest, LLC 

Sections of 14 C.FR Affected:§§ 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's Nest, LLC seeks relief from 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 of aerial photography, videography, and photogrammetry. 

Respectfully Submitted, 

' \ 

\ :\ '· ,\ .,, · .,.::•:.\..) /·~-· """-'v .... ,.._; v-, 

Garfield Johnson 

President 

Falcon's Nest, LLC 

7709 Amberly Dr. 

Colorado Springs, Co 80923 

Phone: 719-648-1892 

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

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