1 

## WILLIAM GARRETT ACKL ES



## Exemption Request

Regulatory Docket No. TBD

The following petition is submitted by :

William Garrett Ackles 4008 Oakridge Drive Crestwood, KY 40014

Office 502

- 645

- 2943

Fax 502

- 471

- 5129

Garrett@GarrettAckles.com

and submitted to :

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

for an exemption from Title 14, Code of Federal Regulations (14 CFR) Sections 45.23 (a) (b)

, 45.27(a), 45.29, 47.15, 91.7(a), 91.119 (b)(c), 91. 121, 91.151(a), 91.405(a)

, 91.407(a)(1)

, 91.409(a)(2)

, and 91.417(a) & (b).

PREVIOUS GRANT OF EXEMPTION

I submit the following approved exemption s as reference (a) :

Exemption No. 11138 / Regulatory Docket No. FAA

- 2014

- 0481

By letter dated July 12, 2014, Mr. Douglas Trudeau, Realtor®, of Tierra Antigua Realty Trudeau), 1650 E River Road, Suite 202, Tucson, AZ 85718 petitioned the Federal Aviation Administration (FAA) for an exemption from part 21, subpart H

, and Sections 45.23(b), 1.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14CFR). The pro posed exemption would allow Trudeau to operate the PHANTOM

3 quad

- copter unmanned aircraft system (UAS) to conduct aerial videography and cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geograp hical layout of the metro Tucson area and augment real estate listing

videos.

The FAA’s d ecision pertaining to Exemption No. 11138

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the a uthority contained in 49U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. Douglas Trudeau, Realtor®, of Tierra Antigua Realty, is granted2 

## WILLIAM GARRETT ACKL ES

a n exemption from 14CFR61.113(a) and (b), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a)

, 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to the extent necessary to allow petitioner to operate an u nmanned aircraft systems (UAS) for the purpose of aerial videography/cinematography and augment real estate listing videos

.

I submit the following approved exemption s as reference (b ) :

Exemption No. 11341 / Regulatory Docket No. FAA−2015−0037

By letter dated January 8, 2015, Mr. Bob Sokoler, Realtor of Medley Sokoler Real Estate ReMax Properties East petitioned the Federal Aviation Administration for an Exemption from Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, 45.27(a), 45.29 (3) (c)(d)(e)(f)(g)(h), 61.113 (a) & (b), 91.103, 91.119, 91.121, 91.203,

91.151

Pursuant to Section 333 of the FAA Modernization and Reform Act o f 2012 and 14 C.F.R. Part
11, B ob Sokoler, a licensed Realtor petitioned for an exemption from the following Code of Federal Regulations (C.F.R) to be allowed commercial operation of lightweight Unmanned Aircraft Systems (sUAS) for aerial imaging and video of Louisville Landmarks and homes that

he would list for sale.

Mr. Sokoler in dicated experience flying hobby quads for recreational purposes during t he past 3

years without incident. The proposed exemption would allow Sokoler to operate a hobby grade DJI Phantom 2 quad

- copter (maximum gross weight 3 pounds, equipped with four rotors that are driven by electric motors powered by batteries, the UAS has a maximum airspeed of 30 knots) to my inventory equipped with a GoPro 4 Black camera with intent for aerial videography/cinematography to enhance academic community awareness and augment real estate listing videos; following an exemption and approval by the FAA.

The FAA’s decision pertaining to Exemption No. 11138

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated

to m e by the Administrator, The Sokoler Medley Team is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.3 

## WILLIAM GARRETT ACKL ES

CURRENT EXEMPTION PETITION

I, William Garrett Ackles, submit the following:

Summary of request

I William Garrett Ackles, Licensed Real Estate Agent of 11+ years and holder of

Commerc ial Pilot Certificate since 1984 with SEL, MEL and Instrument Airplane Ratings along with a Bachelor of Science Degree from Indiana State University with Pro Pilot and Aviation Administration Majors ; hereby submit this petition on my own behalf pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11

, so that I may operate the D JI PHANTOM 3 Professional Model (or similar, should newer, safer and/or more advanced models become available) quad

- copter unmanned aircraft system (UAS)

to conduct aerial photography, videography and cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of Kentucky and surrounding areas and states, and augment real estate listing photos/ videos as well as photos/videos of other businesses for which UAS aerial photography, videograp hy and cinematography would be beneficial

.

In reference (a), Exemption No. 11138 and reference (b) Exemption No. 11341 (which are

essent ially identical to my request), exemption s were approved for individual s with no pilot

certificate or PIC flight experience . I obtained a Private Pilot Certificate in 1982 and a currently possess a Commercial Pilot Certificate, SEL, MEL and Instrument Rating without

incident since 1984. I also earned a BS Degree from Indiana State University in Aviation with

Pro Pil ot and Aviation Administration Majors.

I am supporting my request with the following information attached herein :

1) This Exemption Request , 2) PHANTOM Flying Flow Chart V1.0 (Simplified Version ), 3 )

PHANTOM 3 Advanced and Professional Quick Start Guide s
, 4 ) PHAN TOM 3 Advanced and

Professional User Manual s

I request relief from the following regulations:

In the interest of brevity, I have omitted exemption requests which the FAA determined “relief not necessary” in r eference (a), Exemption No. 11138 / Regulatory Docket No. FAA

- 2014

- 0481

.

Section s 45.23 (a) (b) , 45.27(a) and 45.29 which pertain to aircraft markings and section 47.15 pertaining to registration. The UA does not have a cabin, cockpit or pilot station on which to mark certain words or p hrases. Further, two

- inch lettering would be difficult and unreadable if place d on such a small aircraft with dimensions smaller than the minimal lettering requirement.

This mak es applying for and displaying an N number impractical, especially considering the design of the UA. Further, in the current NPRM for Small UAS, the “FAA proposes to exempt
small unmanned aircraft which have not previously been registered anywhere from th e regulatory requirements of § 47.15, which were designed to apply to large

- asset manned aircraft. ”4 

## WILLIAM GARRETT ACKL ES

Section 91.7(a) which prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. Hobby grade UAs do not currently require airworthiness certificates. I will

, however, perfo rm a preflight inspection of my UAS befor e each flight as outlined in the operating documents and in accordance with manufacturer specifications to comply with 91.7(b).

Section 91.119 (b)(c) which prescrib es that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(b) Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas at a n altitude of 5 00 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated

closer than 5 00 feet to any person, vessel, vehicle, or structure.

Such restrictions put owners in congested and other than conge sted areas at a disadvantage by limiting en hanced marketing of their homes or businesses, thereby discriminating against them. Vertical takeoff and landing while photographing or making a video recording of a home or business can allow an enhanced perspect ive of the structure as well as its proximity of hillsides

, golf courses, lake s, or other attractions not possible through ground level photography or video graphy

. Reasonable and responsible aerial photography / video graphy in congested and other than conges ted areas of subdivisions , neighborhoods and/or businesses can be safely conducted.

Section 91.121 which requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “ to the elevatio n of the departure airport or an appropriate altimeter setting available before departure.” Hobby grade UAs do not have an

altimeter that can be set.

Section 91.151(a) (1) which prescribes that 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, assu ming normal cruising speed, during the day, to fly afte r that for at least 30 minutes. The UAS flights will be conducted line of sight so no cross country will flown negating the need for fuel reserves.

Section 91.405(a) which requires, in pertinent part, that an aircraft operator or o w ner shall have that aircraft inspected as prescribed in subpart E of the same p art and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) which prohibits, in pertinent part, any person from operating a n aircraft that has undergone maintenance, preventive ma intenance, rebuilding, or alter ation unless it has been approved for return to service by a person authorized under §43.7 of the same chapter.

Section 91.409(a) (1) and (2) which pres cribe, in pertine nt part, that

-5 

## WILLIAM GARRETT ACKL ES

(1) no person may operate an aircraft unless it has had a n annual inspection in accordance with part 43 of this chapter and has been approved for return to serv ic e by a person authorized by § 43.7 of this chapter , and

(2) within the preceding 12 calendar months, it has had an inspection for the issuance of

an airworthiness certificate in accordance w ith part 21 of this chapter.

Section 91.417(a) and (b) which prescribe , in pertinent part , that

-

(a) each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, p reventive maintenance, and alteration and records of the 100 hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include:

(i) A description (or reference to data acceptable to the Administrator) of the work performed

, and

(ii) The date of completion of the work performed

, and (iii) The signature, and certificate number of the person approvi ng the

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each

rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the l ast inspection required by the inspection program under which the aircraft and its appliances are

maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD o r safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copi es of the forms prescribed by § 43.9(d) of this chapter for each major

alteration to the air frame and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until

th e work is repeated or superseded by other work or for 1 year after the work is performed.6 

## WILLIAM GARRETT ACKL ES

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or opera tor under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return

to service.

I am requesting an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance I nspections be granted since they only apply to aircraft with an airworthine ss certificate and not hobby grade UAs. Also, a UAS does not require a certificated A&P or other maintenance person to perform inspec tions. I will perfo rm a preflight inspection of my UAS

befor e each flight as outlined in the operating documents and in accordance with manufacturer specifications.

Unmanned Aircraft System

I will operate a UAS, the DJI PHANTOM 3 Professional Model

, wh ich is an unmanned aircraft ( hereafter referred to as UA or PHANTOM) and a transportable ground station. The PHANTOM is referred to as a quad

- copter which is a hobby grade radio controlled (RC) UA that has the capacity for software upgrades and a maximum g ross weight of about 3 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of approximately 30 knots. Incorporated into the programming of the Phantom is an

automatic return home fe ature that automatically d irects the UA back to point of takeoff should

communication with the transmitter be lost. This UAS complies with Part 15 of the FCC Rules.

A small

, ultra

- lightweight camera may be factory installed or a similar camera, such as a GoPro, may be attached to the UA that I will operate over va rious areas in and around Kentucky as well

as other states to enhance academic community awareness and augment real estate listing s and other business and industry photos and videos.

I also prop ose to abide by and ensure this exemption will provide a level of safety at least equal to existing rules:

• I will only operate in reasonably saf e environments that are controlled, are away fro m power lines, elevated lights and airports (without prior communication with the controlling authority) and

• I will conduct preflight inspections and protocols as outlined in the operating documents and in accordance with manufacturer specifications with safety as the primary concern.7 

## WILLIAM GARRETT ACKL ES

UAS Pilot in Command (PIC)

I have held at least a private pilot certificate since 1982 and currently hold a Commercial,

SEL , MEL and Instrument rating without incident since 1984

. I will maintain an FAA

Medical Certificate or Valid US Driver’s License and operate accordingly under any/all restrictions imposed by such (no restrictions at this time).

Holding at least a private pilot certificate for 30+ years and obtaining a BS Degree in Aviation, I have a detailed familiarity with the FAR/AIM, including all classes of airspace and special use airspace, IFR and VFR sectionals, and am legally eligible to fly for compensation or hire (§61.167(a), (§61.133(a)(1)(ii)). This will serve the public in all industries in addition to real estate that may benefit from UA S aerial photography, videography and cinematography by having access to a legally licensed and exempted UAS operator.

Regarding UAS operational training, I have flown many practice flights in remote areas simulating flights for future photography/videography to gain the necessary familiarization with

the characteristics of the UAS performance under different wind, temperature and other weather

conditions

.

UAS Operating Parameters

I will abide by the following additional operating c onditions under this exemption:

• All operations will be conducted with me as Pilot in Command (PIC).

• UAS will be operated at an air speed less than or equal to 30 knots in accordance with procedures specified in the operating documents.

• L and the UAS prior to the manufacturer’s recommended minimum level of battery

power.

• O perate the UAS only within visual line of sight (VLOS) of myself as PIC.

• U se the global positioning system (GPS) flight safety feature of the UAS whereby it

hovers and then slowly lands if communication with the Ground Control System is lost.

• Have in my possession during flights the operating documents and the grant of exemption and will adhere to the conditions set forth therein.

• Inspect the UA and Ground Control Syst em prior to each flight to ensure they are in a condition for safe flight. Should an unsafe condition be noted, the flight will not be conducted until proper maintenance can be performed and logged.

• Conduct a functional test flight following any maintenance or alterations that may affect UAS operations to ensure proper function and make an entry of such in the UAS records.

• Follow all UAS manufacturer component, maintenance, overhaul, replacement, inspection and life limit requirements.

• Carry out UAS maintenance, inspections, and record keeping requirements in accordance with the operating documen ts. Maintenance, inspection, alterations and any other description of work accomplished will be noted in the UAS records prior to returning the UAS to

service

.

• Comply with all safety bulletins.8 

## WILLIAM GARRETT ACKL ES

• Conduct ongoing training, proficiency and experience

- building flights and comply with the requirement of 3 takeoffs and landings within a 90 day period.

• Operate the UAS at an altitude less than or equa l to 4 00 feet AGL and not within 50 feet of people on the ground unless those people are inside a building or structure. A sign will be posted stating “Attention

– Aerial Photography in Progress. Remain Back 50 Feet” (This will be

more restrictive than the current NPRM for the Micro UAS Sub

- classification of UAs up to 4.4 lbs. which proposes that f lying over any person is permitted .)

• UAS operations will be conducted during the day under Visual Meteorological Conditions (VMC). No operations will be conduc ted at night.

• Flights will be aborted should unpredicted obstacles or emergencies arise.

• Flights within 5 nautical miles of an airport (where a great deal of real estate and businesses exist) will only be conducted with prior communication to the app ropriate airport personnel as to location, altitude and duration of the flight.

• Wind and weather conditions will be considered at the takeoff/landing point prior to flight.

• Right of way will be given to all manned air operations at all times.

• UAS operations will not be conducted from any moving device or vehicle.

• UAS operations will be conducted by permission of the owner of the land, structure, vehicle or vessel or their authorized representative. Permission need only be granted once should

rep eat flights over the aforementioned land, structure, vehicle or vessel be deemed warranted.

In conclusion

I believe my request for exemption is warranted in this case and respectfully request that it be granted without termination date for the reasons I have stated above. As a Licensed Real Estate Agent for 11+ years I understand that Aerial photography and vi deography operations for private or commercial properties and businesses benefit the public with enhanced perspectives of characteristics, amenities, and benefits a property has that cannot be displayed through ground level photography and videography. I l ook forward to serving the general public with the results of my efforts and doing so in a Professional & Safety First Manner.

Wh ile this is essentially the same request as the requests granted under Exemption No. 11138 / Regulatory Docket No. FAA

- 2014

- 0 481, and Exemption No. 11341 / Regulatory Docket No.

FAA−2015−0037

, my request goes fur ther in that I have held without incident a Commercial

Pi lot Certificate for over 30 years and have a BS Degree in Aviation with Pro Pilot & Aviation Administration Majo rs.

Thank you for your time and attention to my request.

Respectfully,

William Garrett Ackles