### June 5 , 2015

Re: Request for exemption from multiple regulatory provisions to allow the use of small unmanned aerial s ys tems on land controlled by clients of Jay son T. Firebaugh d/b/a Star City SkyCams to assist in the safe evaluation of real estate comparables, topography reports and private events as contracted b y clients.
I Jay son T. Firebaugh, a sole

- proprietorship d/b/a/ Star City SkyCams, respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial s ys tems (sUAS) to assist in the marketing and evaluation of real

- estate properties as well as private events. This request is motivated by

the demand for through topography results of marketable land and real estate to effectively and accurately

indicate equal market values and comparables. While an exemption would not eliminate the current need for in

- person visual inspection required by various federal regulatory departments, it would allow Star City SkyC ams to broadl y evaluate geographical markets, and market share comparables to assist with sUAS, resulting in a safer and more efficient infrastructure network. This would also allow Star City SkyCams the ability

to provide a unique perspective on private events, that in the past were either unsafe to obtain or not possible. Accordingl y, the grant of an exemption is consistent with Congress’ intent, reflected in Section 333 of the FAA Modernization and Reform Act of 2012 (Modernization Act), 1 

### that safe sy s tems be permitted in the national airspace prior to the issuance of final regulations governing general use of these s ys tems. 2 

### A summary of this request suitable for publication in the Federal Register is provided as Appendix A. Appendix B provides the manufacturers information regarding the design, aircraft performance, and fail

- safe features. We have provided manufacturer information related to operating limitations, normal and emergency procedures, and maintenance and inspection procedures. As we add aircraft designs, we will update this appendix appropriately.

1 P.L. 112

- 95, 126 Stat 11, February 14, 2012. 2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon a finding that a type of UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and populated areas, and operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national security. Jayson T. Firebaug h, d/b/a Star City SkyCams 

### 74 Chesney

PL Blue Ridge, VA 24064 (540) 819

- 3473 starcityskycams@gmail.com

### Background Information

Star C ity SkyCams is a sole

- proprietorship founded in Q2 of 2014 with the intent to assist real estate companies, brokers, appraisers, lenders and private parties the ability to obtain aerial visions, both motion and still, for evaluation purposes of their said requirements. **Aerial Operations Intentions**
 Provide aerial views of residential property listed with the ML S or to be listed

 Provide aerial views of commercial properties listed with the ML S or to be listed

 To work directl y with Real Estate Brokers, Lender s and Appraisers and all of the above listed affiliates to obtain aerial views for valuations, marketing and overviews of topography.
 To work with private parties and provide unique still and video of high quality for personal use.
As part of this Star C ity

SkyCams is requesting FAA Exemption for sUAS operations for safety, inspection and video capture usage. **Regulatory Basis for Exemption Request**  In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant an exemptio n under 49 U.S.C. §44701(f) if it has determined that such an exemption is in the public interest. The FAA has imposed a separate requirement in its procedural regulations, providing that the petitioner shall explain why granting the exemption would not adversel y affect safety or how the exemption would provide at least an equivalent level of safety as compliance with the underl ying regulation. In this case, approval of this exemption would advance the public interest by significantly enhancing the safety and efficiency

of market comparables and private events by allowing the sUAS to accept the liability

of the risks involved as the general public would attempt a duplicate result. As described more fully below, the requested exemption would permit the operation of sUAS under tightly controlled conditions, thus ensuring that operations will not have an adverse impact on safety. Granting an Exemption is in the Public Interest. The safety and accuracy

that the uSAS can accept allows the general public to avoid potential accidents, both private industry and commercial. It provides a more accurate layout so fair market values (FMV’s) may be determined in the lending and marketing process. By

allowing the uSAS to accept these tasks, it allows the general public sa fety to be greatl y reduced and allows the property market and industry thrive on a fair and level ground.

### Granting an Exemption will not Adversely Affect **Safety**

Star City SkyCams notes that there is no applicable standard for an equivalency determination

. Some have argued that the appropriate standard is that for model aircraft, noting that their operations, if conducted for recreational purposes, would fall completely within the allowable operations for model aircraft. We believe it is difficult to argue that there is sufficient correlation between model operations controlled by the Academy of Model Aeronautics and the ones considered b y Star City SkyCams . At the same time, it is clear that equivalency

cannot be established for traditional, manned civil aircraft because the design and use profiles between traditional aircraft and sUAS are simply too different. As such, we believe it makes more sense to focus on why the contemplated operations would not adversely

affect safety, which is all that §11.81(e) requires. Granting an exemption will not adversely affect safety

. Star City

SkyCams contemplates conducting sUAS operations over client owned or controlled land, solel y during daylight hours, at altitudes well below that which would pose a risk to other aircraft. In general, sUAS operations are intended to be conducted in areas distant from both congested areas and airports. The nature of requirements anticipated by Star City SkyCams requires that the sUAS be flown at relatively low altitudes and relativel y low speeds. Star City SkyCams expects that in most instances, the sUAS will be flown less than 200 feet from the ground level of the PIC along the path of the sUAS. Accordingl y, the risk of interference with another aircraft is minimal. Star City SkyCams also plans to conduct sUAS operations at least 2 miles from any public airports (including heliports). In the event an operation needs to be conducted closer to an airport, Star City SkyCams will inform the airport operator and airport air traffic control tower of the contemplated operation and will comply with any directions issued by

air traffic control at that airport. Approval of exemptions allowing commercial operations of sUASs in aerial photography industry will enhance safety b y reducing risk. Curr ent operations recommend tall extension ladders on steep pitched roofs, or unsafe structures for inspection which could cause personal injury . This would also allow prevent private parties from inventing way s to get that “perfect” shot, and again let the s UAS take the risk. In contrast, a sUAS weighing fewer than 55 lbs. and powered b y batteries eliminates virtually

all of that risk given the reduced mass and lack of combustible fuel carried on board and stable flying features as shown in Apendix B. The sUAS is carried to the site of the contracted party requirement. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UASs, weighing less than 55 lbs., co nducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including 333 Aircraft Exemption Status exempting the applicant from conventional aircraft requirements and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close prox imity to the ground and people.

### The safety of those on the ground is protected b y the fact that no one will be allowed into

the area without the permission of the company . Security will be established for the flight area as part of the pre

- flight control. Each individual within the secure area will be briefed prior to flight and will consent to being in the area. All others will be excluded from the area. Star City SkyCams initially

intends to use a dedicated staff for sUAS operations. All operations will be within visual line

- of

- sight (i.e., no more than approximately 0.5 miles from the manipulator of the controls, or pilot in command (PI C)). Each PIC will conduct at least three take

- offs and landings with the sUAS on which he or she is trained every 90 day s. PIC’s will establish their qualifications thru a combination of aeronautical knowledge, UAS airmanship skills, and verification through testing of flight ability before infrastructures operations have commenced. 

### Depending on the type of operatio n, additional ground

- based visual observers may be employed as well. These observers will be within constant visual line of sight and in constant contact with the PI C. The visual observers will assist the PI C in avoiding objects near the sUAS. There are n o standards for either Private or Commercial sUAS pilot certificates. The safe operation and control of the UAS as described in this application does not depend on the ty pe of FAA license held by the PIC. Given the restricted and controlled airspace within which operations will take place, the key factors needed b y the PIC are knowledge of the airspace within which the operation will take place and how that airspace fits into the National Airspace Sy stem (NAS). That knowledge can be and is gained primarily through ground school and not through flight training in fixed wing or rotor aircraft, nor is it dependent on the acquisition of a commercial or private pilot’s certificate. Those certificates demonstrate knowledge of the factors and skills needed for the safe operation of those ty

pes of aircraft (fixed wing or rotorcraft). It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or ability to safel y operate a small unmanned aerial vehicle, operating at 200 AGL or lower, within strictly

controlled pre

- approved airspace. Besides knowledge of airspace regulations, dexterity

in the control and operation of the sUAS acquired from actual operation of the aircraft is the most important factor in establishing an equivalent level of safety. If the PI C has acquired the necessary knowledge of airspace requirements, the relevant issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what is being used today

to accomplish the same mission, and (3) what precautions will be taken to ensure the safety of those in the area of operation. We propose that the PI C has a minimum of 75 hours of logged sUAS flight time including video and still photographic capture; the aircraft be operat ed within a secure environment; and that no one be allowed to enter the secure environment unless they are part of the operation, have been fully

briefed of the risks prior to operation of the sUAS, and have consented to the risks associated with being in the operating area. Should there be a mishap, the sUAS being flown pose significantl y miniscule threat, as they carry no flammable fuel and have a GPS to Home map, which allows the sUAS to return to home should contact be lost. They

are small in size, and with a low battery will hover to a landing avoiding the falling out the sky option. They do not carry a crew or passengers and pose and infinitesimal risk to others.

### Minimum requirements for the PI C include: 1) 75 hours of logged uSAS Flight Time includin g still and video capture 2) Have undergone a qualification process as specified in the Flight Operations & Procedures Manual consisting of a knowledge & skill test of the aircraft to be used. 3) Maintain an understanding of all associated pre

- flight, in

- flight and post flight checklists. Star City SkyCams intends to use commerciall y available sUAS Components for sUAS. These sUAS sy stems will be tested for quality & safety before being deployed to the field. The sUAS is less than 55 lbs. fully loaded, carries ne ither a pilot nor passenger, and operates exclusively

within a secured area. We have a routine maintenance schedule to verify that the sUAS will remain in safe and operational condition. Please see **Appendix B** , for Specific Ty pes of sUAS. Notes Regarding : 14 C.F.R. Part 21, Subpart H In a cc o r dan c e w ith th e s t atut o ry crit e ri a p r ov i de d i n Se cti o n 33 3 o f P L 11 2

-- - 9 5 in re f e ren c e t o 4 9 US C 44704 , an d i n c ons i de rati o n o f th e s i ze , w e i ght , speed , an d li m it e d ope r ati n g are a a ss o ci at e d w ith th e a ircra f t an d it s ope rati on , w e reques t that th i s a ir c r a f t exe mp ti o n m ee t s th e c ond iti on s o f Se cti o n 333

. The re f o re , i f gr ant e d Se cti o n 33 3 re li e f o f 1 4 CF R part 21 , an d any a ss o ci at e d no is e c e rtific ati o n an d t e sting requ ire m ent s o f part 36 , i s no t ne c essary
. 

### Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft G iven the s ize of the sUAV, two - inc h lettering w ill be i mposs ible

. UA w il l b e i dentifi e d b y s e ri a l numbe r , reg ist e r e d in a cc o r dan c e w ith 1 4 CF R part 47 , an d hav e i dentific ati o n (N

-

--Nu mbe r) m arking s i n acco r danc e w ith 1 4 CF R part 45 , Subpart C

. M arki ng s w il l b e a s l ar g e a s p r ac ti cab l e
. 

### Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness Star City SkyCams request is based on the fact that no airworthiness certificate wil l be issued for the UAS. Star City SkyCams UAS will not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not necessary
. N otes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard Certifications required, the original intent of these regulations was to display an aircraft’s airworthiness, certification, and registration documents so they would be eas ily available to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the requested relief from 14 CFR §§ 9 1.9(b)(2) and 91.203(a) and (b) is not necessary
.

Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain flight tests

### Small UASs, by their design, do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. Aircraft being considered for use by Star City SkyCams allow the UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event o f the student losing control, the UAS Instructor can quickl y and via alternate equipment (equipment not in the hands of the student) place the aircraft into a mode that then allows the instructor to bring the aircraft back into control and back to the pre determined and/or safe landing location. Star City SkyCams does not describe training scenarios in which a dual set of controls would be utilized or required, i.e. dual flight instruction, provided by a flight instructor or other company- designated indivi dual, that would require that individual to have fully functioning dual controls. Rather, Star City SkyCams evaluates the qualification of its PI Cs based on their experience with the UAS to be operated and verifies through testing, in lieu of formalized training. As such, Star City SkyCams does not seek relief from 14 CFR § 91.109. Notes Regarding § 14 CFR 91.119(b) Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable, because Star City

SkyCams operations will only be conducted within the secured area described herein. **Star City SkyCams Safety Operations & Procedures**  **Overview:** Technology Considerations: Best

- in

- class, tried and proven technologies that are in advanced iterations. Software from highly

- reputable industry partner s will include features

- 1. Auto descent (landing) if communication signal were to be severed. If the sUAS loses communications, the sUAS will have capability to return to a pre - determined location within the Security Perimeter and land. 2. Auto descent (landin g) if battery were to drop lower than nominal level. 3. Flights will be terminated at 25% battery power reserve. 4. Live video for operator gives real

- time positioning feedback. In other words, we can monitor the scene from the vehicle's perspective for collisio n avoidance, and to maintain spatial orientation. 5. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 6. On

- Screen

- Display (OSD) contains operating information to ascertain vehicle health at all times: speed, altitude, number of GPS satellites (when available), heading and voltage. 7. GPS lock supplies for return

- to

- home (RTH). Should Command and Control (C2) link failures occur (highly improbable), vehicle returns automatically to the point of launch. 8. Altitude inf

ormation will be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on - screen display. This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.Mechanical/Physical: 1. We will fly line

- of

- sight (LOS) only. The vehicle will always remain in direct LOS to the pilot, thus eliminating the concern of signal severance (flying behind objects/walls). 2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots. 3. Batteries s hould far exceed the capacity required for actual flight time. 4. Flights will be operated at an altitude of no more than 200 feet AGL. 5. Fireproof bags for storage and charging of high capacity Lipo batteries on - site. 6. UA operated under this exemption will be m arked in accordance with 14 CFR part 45 or as otherwise authorized by the FAA.
Personnel: 1. Spotters ensure safe operation and act as a redundant set of eyes for operators (pilot, gimbal op, director) 2. Radio spectrum analysis for interference on the frequenc ies utilized for vehicle control/communication. 3. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 4. The operator will obtain the consent of all persons involved in the sUAS operations and ensure that only consenting persons will be allowed within 100 feet of the flight operations. 5. Observer and pilot will at all tim es be able to communicate by voice. 6. Written and/or oral permission from the relevant property holders will be obtained. 7. Pilot and observer will have been trained in operation of UAS generally and received up

- to

- date information on the particular UAS to be operated. Operations: 1. The 

### unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy

source(s) and equipment. Operations authorized by this petition of exemption are limited to the following aircraft described in Appendix B. Proposed operations of any other aircraft will require a new petition or a petition amendment to this request.
2. The UA may

not be flown at a ground speed exceeding 50 knots.
3. Flights must be operated at an altitude of no more than 200 feet above ground level (AGL), as indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL.
4. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s State issued identification license.
5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PI C alway s maintains VLOS capability . The VO and PIC must be able to communicate verbally at all times.

### 6. The operator’s manual included as Appendix C and this petition of ex emption must be maintained and made available to the Administrator upon request. If a discrepancy

exi sts between the conditions and limitations in this exemption and the procedures outlined in the operator’s manual, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator’s manual. The operator may

update or revise its operator’s manual. It is the operator’s responsibility

to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present update d and revised documents if it petitions for extension or amendment. If the operator determines that any update or revision would affect the basis for which the FAA grants this petition for exemption, then the operator must petition for amendment to their e xemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operator’s manual.
7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspe ction reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station, if uti lized, must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.
8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in accordance with the operator’s manual. The PI C who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the operator’s manual.
9. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requirements must be established and identified in the operator’s manual. At a minimum, requirements for the following must be included in the operator’s manual: a. A ctuators / Servos; b. Transmission (single rotor); c. Powerplant (motors); d. Propellers; e. Electronic speed controller; f. Batteries; g. Mechanical dy

namic components (single rotor); h. Remote command and control; i. Ground control station (if used); and j. Any other components as determined b y the operator;

### 10. The Pilot In Command (PI C) Must have logged the required information as set previous in the minimum requirements for a PIC
11. During training, proficiency , and experience

- building flights, all persons not essential for fli ght operations are considered nonparticipants, and the PIC must operate the 

### UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.
12. Prior to operations conducted for the purpose of infrastructure inspection, the PI C must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of five hours as UAS pilot operating the make and model of UAS to be utilized for operations under the exemption and three take

- offs and three landings in the preceding 90 days . Training, proficiency , experience

building, and take

- off and landing currency flights can be conducted under this petition of exemption to accomplish the required flight time and 90 day currency
. During training, proficiency , experience

- building, and take

- off and landing currency flights all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.
13. Prior to any

flight op erations authorized by this petition of exemption, the PIC and VO must have successfully completed a qualification process, as outlined in the operator’s manual. As this is a requirement stipulated by the operator, the test must be developed and implemente d by a qualified person designated at the sole discretion of the operator. A record of completion of this qualification process must be documented and made available to the Administrator upon request.
14. Prior to operations conducted for the purpose of infra structure inspection, a flight demonstration, administered by an operator

- approved and

- qualified pilot must be successfully completed and documented. This documentation must be available for review upon request by the Administrator. Because the knowledge and airmanship test qualifications have been developed by the operator, and there are no established practical test standards that support a jurisdictional FAA FSDO evaluation and approval of company designated examiners, the petitioner will conduct these tests in accordance with the operator’s manual.
15. The UA may not be operated directly over any person, except authorized and consenting personnel, below an altitude that is hazardous to persons or property on the surface in the event of a UAS failure or emergency. 16. Regarding the distance from participating persons, the operator’s manual has safety mitigations for authorized and consenting personnel. At all times, those persons must be essential to the operations.Regarding distance from nonparticipating persons, the operator must ensure that no persons are allowed within 500 feet of the area except those consenting to be involved and necessary for the flight path operations. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and the Administrator has approved it. For example, an equivalent level of safety may be determined by an aviation safety inspector’s evaluation of flight path area to note terrain features, obstructions, buildings, safety barriers, etc. Su ch barriers may protect nonparticipating persons (observers, the public, news media, etc.) from debris in the event of an accident. 17. If the UAS loses communications or loses its GPS signal, the UA must return to a pre - determined location within the security perimeter and land or be recovered in accordance with the operator’s manual.
18. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual.
19. Each UAS operation must be completed with 25% battery power remaining.
20. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this petition of exemption. This COA will also require the operator to request a No tice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.
21. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and hav e identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.
22. The operator must develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alteratio ns, status of replacement/overhaul component parts, and the total time in service of the UAS. These procedures must be added to the operator’s manual.
23. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.
24. The operator must develop UAS technician qualification criteria. These criteria must be added to the operator’s manual.
25. The preflight inspection section in the operator’s manual must be amended to include the following requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual.
26. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.27. At least three days before scheduled uSAS flight as contracted by any party, the operator of the UAS affected by this exemp tion must record a plan of activities. The plan of activities must include at least the following:

 Dates and times for all flights;

 Name and phone number of the operator for the UAS operations conducted under this petition of exemption;

 Name and pho ne number of the person responsible for the on - scene operation of the UAS;

 Make, model, and serial or N

- number of UAS to be used;

 Name UAS PICs involved in the flight event;
 A statement that the operator has obtained permission from property owners and/or local officials to conduct the infrastructure inspection event; the list of those who gave
 Signature of exemption

- holder or representative; and

 permission must be made available to the inspector upon request;
 A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which flight path will be conducted and the altitudes essential to accomplish the operation.

28. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
29. The UA must remain clear and yield the right of way to all other manned operatio ns and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).
30. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be con ducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
31. The UAS may not be operated by the PIC from any moving device or vehicle.
32. The UA may not be operated less than 500 feet below or les s than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
33. The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles of the geographic center of a non - towered airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.34. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS

- 80 and authorization to resume operations is provided.


### Support for Petition for **Exemption** In accordance with the proc edural requirements of 14 C.F.R. §11.81, SKYCAPTURE provides the following information:
**Contact Information:** Jayson T. Firebaugh d/b/a Star City SkyCams, LLC 74 Chesney

PL Blue Ridge, VA 24064 (540) 819

- 3473 starcityskycams@gmail.com **Regulatory Provisio ns from which**  **Jayson T. Firebaugh d/b/a**  **Star City SkyCams**  **seeks an Exemption**  Star City SkyCams believes it may need an exemption from the following provisions to conduct the contemplated operations. In some instances, relief is needed because relief from another provision renders compliance with the regulation at hand infeasible. 333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)( 1)&(2) 14 C.F.R. §91.417(a)&(b) Star City SkyCams believes an exemption is only needed from the above

- listed regulatory

provisions. To the extent that the FAA believes that additional relief is required for Star City SkyC ams to conduct the operations desc ribed here, we request an exemption from any such regulatory provisions as well. 3
3 For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as applicable”. Since none of the underlying requirements (e.g., inspection inter vals) can be met and will require an exemption, Star City SkyCams believes a separate exemption should not be required for §91.417(a).

### The Extent of Requested Relief and the Reasons Relief is **Needed**

**Section 333 Aircraft Exemption Status:**  Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for an airworthiness certificate based on a consideration of the size, weight, speed, operational capability of the particular UAS, as well as its proximity to airports and pop ulated areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate in the areas and under the conditions contemplated by Star City SkyCams will be at least as safe, or safer, than a conventional aircraft (f ixed wing or rotorcraft) operating with an airworthiness certificate without the conditions proposed in this request. The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator and observer. Operations will be conducted in compliance with the FAA and with local public safety requirements to provide security for the are a of operation as is now done with conventional equipment, infrastructure, bridge and out building evaluation. These safety enhancements provide an expanded degree of safety to the inspectors over conventional operations. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials and inability to carry a substantial external load. 

### Given the size and l imited operating area associated with the aircraft to be utilized by the Applicant, this meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular sUAS. Inall cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

### 14 C.F.R. §61.113(a) and (b) **§61.113 Private pilot privileges and limitations: Pilot in command.**  (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may , for compensation or hire, act as pilot in command of an aircraft in connection with any business or employ

ment if: (1) The flight is onl y incidental to that business or employment; and (2) The aircraft does not carry passengers or prop erty

for compensation or hire. ***** Star City SkyCams anticipates initially using a cadre of specially trained staff to conduct the sUAS operations. Although Jay son T. Firebaugh holds a Commercial Pilot Certificate, other individuals will not hold commerc ial pilot licenses. The sUAS will not carry property for compensation or hire since they will be used solely to assist in evaluation of market comparables for real estate purposes and private party contracts; however, the employees’ operation of the sUAS w ill not be incidental to their employ ment with Star City

SkyCams , and they

will be compensated for such work. Without an exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the cont emplated operations is less than the risk posed b y a traditional aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of Star City SkyCams clients. Accordingl y, the risk would be limited to Star City SkyC ams personnel, who will be appropriatel y outfitted in safety gear, and Star City SkyCams client’s property on the ground. Requiring a commercial pilot certificate would provide no appreciable safety benefit and would needlessly impose additional cost on Star City SkyCams . Because the contemplated operations would not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) appl y, relief is needed from both paragraphs (a) and (b).

### 14 C.F.R. 91.119(c) **§91.119 Minimum safe altitudes: General.**  Except when necessary

for takeoff or landing, no person may operate an aircraft below the following altitudes: *** (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsel y populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. ***** Star City SkyCams submits that the only relief i t requires from §91.119 is from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset evaluation conducted at 500 feet or higher is insufficiently

distinct to be meaningful. Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety can only be assured through the grant of an exemption. The anticipated rotorcraft operations should be adequately addressed by

paragraph (d) (1). Additionally , re lief should not be needed from paragraph (a) because an emergency landing of the aircraft due to a power failure will not create an undue hazard to persons or property on the surface. As noted in the explanation of why an exemption will not adversel y affec t safety, Star City SkyCams clients has exclusive use of the land over which the sUAS will be operated, and public access is restricted. It also has exclusive use of significant portions of land adjacent to the infrastructure and structures that will be th e objects of evaluation and anal ys is. Star City SkyCams Clients tightly control access to land and have the ability to assure that no individuals unassociated with the planned operations are on the affected land. As such, the risk of injury is minimal. Star City

SkyCams does not contemplate conducting operations over congested areas, so relief is not requested from paragraph (b).
14 C.F.R. 91.121 **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 sUAS may

not have a barometric altimeter, but instead a GPS altitude read out, an exemption may

be needed. An equivalent level of safety will be achieved b y the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. Altitude information wi ll be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display. This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.

### 14 C.F.R. 91.151 **§91.151 Fuel requireme nts for flight in VFR**  **conditions.** (a) 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 sp eed

– (1) During the day , to fl y after that for at least 30 minutes. (b) No person may

begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. ***** Operating the sUAS in a pre

- defined area with less than 30 minutes of reserve fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could r un out of fuel in the event it has to be flown to an alternate airport or circle the planned airport in the event of unanticipated conditions. Star City SkyCams does not intend to use the sUAS for point

- to

- point flights and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in order to land. Rather, Star City SkyCams will operate the sUAS using pre

- planned flight paths (taking into account weather conditions) designed to allow the sUAS to fly to the point of intended landing. As such, there is no need for a time

- based excess fuel requirement. Rather it should be sufficient to require only

as much additional excess flight capacity as necessary to safel y land the sUAS. We believe that a 25% battery reserve is more than sufficient to meet this objective.14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b) 

### §91.405 Maintenance **required.** Each owner or operator of an aircraft

– (a) 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; ***** **§91.407 Operation after maintenance, preventive maintenance,**  **rebuilding, or alteration.**  (a) No person may

operate any

aircraft that has undergone maintenance, rebuilding, or alteration unless

– (1) It has been approved for return to service b y a person authorized under §43.7 of this chapter; ***** **§91.409 Inspections.** (a) Excep t as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. ***** **§91.417 (a) & (b)** ***** Star City SkyCams believes that an exemption from these three maintenance requirements is appropriate because the FAA has not developed maintenance standards that would allow an operator to meet the part 91 maintenance requirements. In particular, there are no individuals authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the initial airworthiness and annual return to service inspections required b y §91.409(a). Star City SkyCams will maintain the aircraft as instructed in the owner’s manual and ASTM F2909, where applicable, and will not operate the aircraft until it has reasonabl y determined that any needed repairs have been made. However, because of the technical impossibility of meeting the requirements of §§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these provisions is appropriate. Please do not hesitate to contact me at the phone number or via the e

- mail address provided above should you have any questions or concerns.

### Appendix **A**

Summary for Federal Register Publication
Pursuant to 14 C.F.R. Part 11 , the following summary is provided for publication in the Federal Register should the FAA determine that publication is needed. Petitioner: Jayson T. Firebaugh d/b/a Star City SkyC ams, LLC
Sections of 14 C.F.R. Affected: 333 Aircraft Exemption Status 14 C .F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) 14 C.F.R. §91.417(a)&(b) Description of Relief Sought: Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and 91.417(a)&(b) to conduct sUAS operations over Star City SkyCams Client’s owned or controlled land, solel y during daylight hours, to assist in the safe evaluation and anal ys is of infrastructure and operations. In general, sUAS operations are intended to be conducted in areas remote from both congested areas and airports. The nature of operations anticipated b y Star City SkyCams requires that the sUAS be flown at relativel y low altitudes Star City SkyCams expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS and in no instances will be flown higher than 2 00 feet above the ground. Accordingly, the risk of interference with other aircraft is minimal.

### Appendix **B**

**Specific type(s), make, and model**  

# #1
**- -**  **- DJI Phantom 2 Vision+** 

See attached manuals**Aircraft** Supported	Battery DJI 5200mAh LiPo Battery Weight	(Battery	&	Propellers	included) 1242g Hover	Accuracy	(Ready	to	Fly) Vertical: 0.8m; Horizontal: 2.5m Max	Yaw	Angular	Velocity 200°/s Max	Tiltable	Angle 35° Max	Ascent	/	Descent	Speed Ascent: 6m/s; Descent: 2m/s Max	Flight	Speed 15m/s (Not Recommended) Diagonal	motor

- motor	distance 350mm

**Gimbal** Working	Current

Static : 750mA; Dynamic : 900mA Control	Accuracy ±0.03° Contr ollable	Range Pitch :

- 90°

- 0 ° Maximum	Angular	Speed Pitch : 90°/s

**Camera** Operating	Environment	Temperature

0 °C

- 40 °C Sensor	size 1/2.3" Effective	Pixels 14 Megapixels Resolution 4384×3288 HD	Recording 1080p30 & 720p Recording	FOV110° / 85°

**Remote Control**  Operating	Frequency

5.728 GHz

- 5.85 GH z Communication	Distance	(open	area) CE Compliance: 400m; FCC Compliance: 800m Receiver	Sensitivity	(1%PER)

- 93dBm Transmitter	Power CE Compliance: 25mW; FCC Compliance: 100mW Working	Voltage 120 mA@3.7V Built

- in	LiPo Battery	Working	Current/Capacity 3.7V, 2000mAh **Range Extender**  Operating	Frequency

2412

- 2462MHz Communication	Distance	(open	area) 500

- 700m Transmitter	Power 20dBm Power	Consumption 2W

**DJI	VISION App**  System	Requirement	Of	Mobile	Device iOS versio n 6.1 or above/ Android system version 4.0 or above Mobile	Device	Support

 iOS recommended: iPhone 4s, iPhone 5, iPhone 5s, iPhone 6, iPhone 6 Plus, iPod touch 5 (available but not recommended: iPad 3, iPad 4, iPad mini)

 Android recommended: Samsung Galaxy S3, S4, Note 2, Note 3 or phones of similar configuration