Desert Sky Photography of Tucson

June 11, 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: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and C.F.R. 

Part 11, Desert Sky Photography of Tucson, owner/operator of Small Unmanned Aircraft Systems 

(UASs), request to be exempted from the Federal Aviation Regulations (FARs) listed below so that Desert 

Sky Photography of Tucson may operate UASs commercially in airspace regulated by the Federal

Aviation Administration; as long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by section 333.

Desert Sky Photography of Tucson, is owned by Robert Luscumb who is a professional 

photographer/videographer who has lived and worked in the Tucson area for 20 years. Robert Luscumb 

has successfully completed a private pilot ground school through Pima County Community College in 

Tucson, Arizona. Robert Luscumb will be the sole operator of a DJI Inspire 1 UAS. This particular UAS has 

advanced navigation and auto take off/land capabilities along with advanced safety features. All UAS

operations will be in accordance with Desert Sky Photography of Tucson’s Standard Operating 

Procedures (SOPs) or as established by the FAA.

The Name and address of the applicant is:

Desert Sky Photography of Tucson

Attn: Robert Luscumb

Phone: (520) 834-7586

Email: rluscumb@gmail.com

Address: 7568 W Sand River Way Tucson, Arizona 85743
Desert Sky Photography of Tucson

As described below, the requested exemption would permit the operation of lightweight (less than 55 

lbs total take off gross weight) UASs under controlled conditions for commercial use by professional 

certificated pilots thereby enhancing safety and fulfill the Secretary of Transportation's (the FAA 

Administrator'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.

Desert Sky Photography of Tucson respectfully requests the grant of an exemption to the following 

specific sections of the Title 14 Code of federal Regulations allowing it to operate lightweight UAS's for 

commercial use:

14 CFR 21, subpart H, 14 CFR 45.23(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).

Desert Sky Photography of Tucson submits this application in accordance with the Reform Act, 112 P.L. 

95 331-334, seeking relief from any currently applicable FAR's operating to prevent Desert Sky 

Photography of Tucson’s future commercial use of small UASs to operate in the national airspace 

system as described below. The Reform Act Section 332 provides for such integration of civil unmanned 

aircraft systems into our national airspace system as it is in the public's interest to do so. Desert Sky 

Photography of Tucson’s lightweight UASs (DJI Inspire 1) meet the definition of "small unmanned 

aircraft" as defined in section 331 and therefore the integration of Desert Sky Photography of Tucson’s 

lightweight UASs are expressly contemplated by the Reform Act. Desert Sky Photography of Tucson

would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the 

FAA to promulgate rules governing such aircraft. The Reform Act directs the Secretary of Transportation 

to consider whether certain unmanned aircraft systems may operate safely in the national airspace 

system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of UASs 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:

• The UAS's 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 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."

Desert Sky Photography of Tucson’s UASs (DJI Inspire 1) are rotorcraft weighing less than 55 pounds

including payload. They operate at a speed of less than 50 knots and have the capability to hover and 

move in the vertical and horizontal plane simultaneously. The UASs will operate only within the line of 
Desert Sky Photography of Tucson

sight of the pilot within a protected flight area as described below. Such operations will insure that the 

UASs will not create a hazard to the users of the national airspace system or the public.

The very small nature of the UASs utilized by Desert Sky Photography of Tucson combined with the 

safety protocols outlined below will allow for a greater than equivalent level of safety in which Congress 

envisioned that the FAA must, by exemption allow commercial operations of UASs to commence 

immediately. Also due to the size of the UASs and the areas and altitudes they will operate, approval of

the exemption presents no national security issue and absolutely minimal safety concerns which have 

been mitigated through a rigorous risk management process. Given the clear direction given in Section 

333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, the significant public benefit, including

enhanced safety, reduced emissions utilizing UASs versus traditional aircraft as well as the economic 

impact of greatly reducing the cost of aerial photography thereby benefiting the greater public's 

interest. Accordingly, the applicant requests that the FAA grant the requested exemption without delay.

The following limitations are considered to be binding for the operation of UASs for commercial

purposes by Desert Sky Photography of Tucson :

1. Flights will be operated in the line-of-sight by a ground based pilot

2. Flights will only occur in the daytime and clear of clouds

3. The UASs will weigh less than 55lbs at take-off and during flight

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

5. Flights will be operated at an altitude at or below 400' AGL

6. Pilots, camera operators and observers will be trained IAW the applicable portion of the UAS's manual 

as well as the SOPs.

7. The UAS crew will be limited to a single pilot: Robert D Luscumb

8. 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 classification, NOTAMS, temporary flight 

restrictions, closest airport proximity, natural and manmade obstacles, and unnecessary persons which 

may pose a risk to operations or safety. If deemed necessary, the pilot will employ additional personal as 

safety observers.

10. Desert Sky Photography of Tucson will employ safety observers as well as sign notifications in areas 

close to public activity.
Desert Sky Photography of Tucson

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

briefing guide in the SOPs. All persons who will be in the AOR while UAS flights are conducted will be 

present for this briefing.

12. Desert Sky Photography of Tucson will obtain consent (verbal or written) for any persons who need 

to be within 100 feet of UAS flight operations.

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

14. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire or other governmental agencies.

15. If the UAS (DJI Inspire 1) 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.

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

14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 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 91.203(a)(1) The size, weight and defined 

area of operations for Desert Sky Photography of Tucson UAS flights permits exemption from 

Part 21 because Desert Sky Photography of Tucson 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 the ACT ( 49 U.S. C. 44701(f)) and Section 333 

of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the 

airworthiness certificate requirement in consideration of weight, size, speed, maneuverability 

and proximity to areas such as airports and dense populations. Desert Sky Photography of 

Tucson meets or exceeds each of these elements.

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 maintaining such certifications and registrations at Desert Sky Photography of 

Tucson’s flight operations center.

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 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft
Desert Sky Photography of Tucson

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots of 

passengers, and given the size of the UASs, this regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining an operator’s manual at the flight operations center. The 

FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738,

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. 91.103(b) Preflight action

14 C.F.R. 91.103 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 operations.

14 C.F.R. 91.109 Flight instruction; Simulated instrument flight and certain flight tests.

14 C.F.R. 91.109 and all the subparagraphs address the operation of a civil manned aircraft in 

conjunction with training and flight tests. The UASs to be employed by Desert Sky Photography 

of Tucson (DJI Inspire1) are not designated in this category.

14 C.F.R. 91.121 Altimeter Settings

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because Desert Sky Photography of 

Tucson UASs utilize GPS systems and internal gyroscopes to provide spatial stability and a 

reference datum.

14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions

14 C.F.R. 91.151 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 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 18 minutes of powered flight which is 

less than the reserve requirement alone by F ARs for day or night VFR flight. Given the 

limitations on the UAS's flight envelope, proposed AOR size, battery life and its ability to land 

immediately it is reasonable to allow an exception.

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.
Desert Sky Photography of Tucson

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673 and 10808. 

14 C.F.R. 45.23 Marking of the Aircraft

Applicable Codes of Federal regulations require aircraft to be marked according to certain 

specifications. Desert Sky Photography of Tucson’s UASs are unmanned; do not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is 

impractical to place on such small aircraft. Desert Sky Photography of Tucson will, however, 

place the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 45.29 (f) so that the 

pilot, camera operator, observer and any other persons operating in the AOR can see the 

markings on the UAS. 

The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 

10167, 10167 A, and 10700.

14 C.F.R. 91.119 Minimum Safe Altitudes

14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters 

to be operated at lower altitudes in certain conditions. Desert Sky Photography of Tucson will 

only operate its UASs at or below 400 AGL. Desert Sky Photography of Tucson will operate its 

UASs in a defined AOR that has been carefully reviewed for hazards and minimizes the presence 

of any persons not essential for operations. Flights will only be conducted over private property 

with consent of the property owner. The equivalent level of safety will be achieved given the 

size, weight and speed of the UAS as well as the location where it is operated. Compared to 

flight operations with traditional aircraft or rotorcraft weighing far more than 55lbs, operating

below 500 AGL with flammable fuel UAS operations present a far smaller risk.

14 C.F.R. 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 part 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, 

therefore, apply to Desert Sky Photography of Tucson UASs should its requested exemption be 

granted. As an equivalent level of safety Desert Sky Photography of Tucson requires its pilots to 

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

worthiness prior to launch. Each UAS is flown in compliance with the applicable manufactures

manual to include all software update cycles as well as flight checklists. In the event of a 

malfunction the UAS can land immediately.
Desert Sky Photography of Tucson

Privacy

All flights will occur over private or controlled access property with the property owner's prior consent 

and knowledge.

Summary

Desert Sky Photography of Tucson is seeking exemption from the following rules: 14 CFR 21, subpart H, 

14 CFR 45.23(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 UASs 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 pound of fuel presenting a significant risk to life and property. With Desert Sky Photography 

of Tucson's use of small UASs weighing less than 55 lbs, powered by batteries and operating at or below 

400 AGL they virtually eliminate all of the risk associated with traditional aerial photography. The UASs 

will carry no people thereby eliminating the exposure to the risks associated with flying while 

accomplishing the same task in a much safer manner.

Granting Desert Sky Photography of Tucson the above exemptions will allow for the expansion of UAS 

systems into the future, in a professional, safety conscious culture steep in the tradition of Aviation. The 

safety culture established by the founding members of Desert Sky Photography of Tucson based on their 

first-hand experience as professional photographers and aviation enthusiasts are invaluable for laying 

the proper foundation into this vast new chapter of aviation history.

Desert Sky Photography of Tucson respectfully requests that the FAA grant its exception without delay. 

The FAA has the authority to issue the exemption sought by Desert Sky Photography of Tucson pursuant 

to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely,

Robert Luscumb

Desert Sky Photography of Tucson

7568 W Sand River Way

Tucson, AZ 85743

(520) 834-7586