August 5, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12­140 1200

New Jersey Avenue, SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from certain parts of the FARs. Regulations from which the

exemption is requested:

14 CFR Part 21 subpart H 14 CFR 45.23 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.203 (a) and (b) 14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) and (b)

Extent of relief I seek, and why

14 CFR Part 21 subpart H

The UAs to be operated carries neither pilot nor passenger and carries no explosive materials

or flammable liquids. Given the size, weight, speed, and limited operating area associated with

the aircraft to be utilized, I request exception. In the restricted environment and under the

conditions proposed operation will be at least as safe, or safer, than a conventional aircraft

operating with an airworthiness certificate without said restrictions.

14 CFR 45.23 (b)

Due to the size of this UAS it does not have a cockpit, cabin, or pilot station on which to market
certain words or phrases. Lettering would be very difficult to place on such a small aircraft and

dimensions would need to be smaller than required minimum. Understanding the importance of

lettering I will mark my UAS with the largest possible letters by placing the word "Experimental"

or assigned number or name, based on request/ruling of FAA, on UAS fuselage. The equivalent

level of safety will be provided by having the UAS marked on its fuselage as required.

14 CFR 91.7 (a)

As there will be no airworthiness certificate for the aircraft, should this exemption be granted, no

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for

maintenance and use of safety check list prior to each flight an equivalent level of safety will be

provided.

14 CFR 91.9 (b) (2)

Given the size and configuration, the UAS has no ability to carry a flight manual on the aircraft.

There is no room, capacity, or pilot on board to adequately carry flight manual. A equivalent

level

of safety will be maintained by keeping the flight manual at ground control point where the pilot

will have immediate access to it.

14 CFR 91.103

As FAA approved flight manuals will not be provided for the aircraft an exemption will be

needed. Normal procedures including but not limited to; reviewing weather, flight battery

requirement, landing and takeoff distances, along will all of those found in attachment "DJI Pilot

Training". An equivalent level of safety will be provided by preflight protoco) to properly match

the machine.

14 CFR 91.109

UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is

achieved through the use of a control box that communicates with the aircraft via radio
communications. The equivalent level of safety provided because neither a pilot nor passenger

will be carried in the aircraft, and by the speed and size of the aircraft.

14 CFR 91.113 (a) and (b)

I can achieve an equivalent level of safety as achieved by current regulations because my UAS

does not carry pilot nor passenger. While helpful, a pilots' license will not ensure remote control

piloting skills.

14 CFR 91.121

The UAS may not have a barometric altimeter, but instead does have a GPS altitude read out. I

believe an exemption may be needed. An equivalent level of safety is achieved by the operator

receiving live flight data monitoring and confirming current altitude along with altitude of launch

site shown on GPS altitude indicator.

14 CFR 91.203 (a) and (b)

Similar to, 14 CFR 91.9 (b) (2)​, given the size and configuration, the UAS has no ability to carry

certificate and registration documents on the aircraft. There is no room, capacity, or pilot on

board to adequately such documents. An equivalent level of safety will be achieved by keeping

these documents, to the extent they are applicable to the UAS, at the ground control point

where pilot has immediate access to them.

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 91.417 (a) and (b)

Given these section only apply to aircraft with an airworthiness certificate, theses sections do

not apply to this applicant. As a safety precaution, operator will perform preflight inspections and

ensure UAS is in working condition before initiating each flight.

Vehicle
I will fly various small, camera­mounted unmanned aircraft systems ("UAS") weighing 55

pounds or less, at a speed no greater than 50 knots. This vehicle has built in capability to limit

the height it flies above the ground, to limit the radius of the distance it flies from the operator,

and to exclude it from class B, C, and D airspace. The vehicle also has the built­in capability to

return to the launching point if the wireless control link is interrupted or if the operator attempts

to exceed any of the height, radius, or airspace limitations programmed into it. The vehicle

weighs about five pounds empty and has a maximum gross weight of approximately twenty

pounds. It has a top speed of about 30 knots, carry neither a pilot nor passenger, carry no

explosive materials or flammable liquids, and operate exclusively within a predetermined area. It

has four fixed pitch rotors, thrust from which is varied by changing RPM . It is powered by a

lithium polymer battery.

Jeff Farr/Falcon Photography is seeking relief from all FARs above preventing applicant from

conducting aerial photography and video of real estate taken at levels less than 400ft, at a

speed less than 33.5 mph, and with a maximum flight time of 25 minutes. The drone to be used

for this work is a DJI Phantom 2. At 2.74 pounds the weight of the UAS meets the definition of

"small unmanned aircraft" found in section 331 "The Reform Act". In order to obtain high quality

photography and video the UAS will be used at speeds much less than it's top speed of 33.5

mph. Due to the UAS being battery powered there are no combustible fuels onboard. Maximum

flight time for this particular UAS is 25 minutes battery life, flights to be terminated with 25%

battery life

remaining. Given the size, weight, speed, and limited operating area associated with the aircraft

to be utilized I find this exception to be reasonable with an equivalent, or greater, level of safety

to be reached by the operator.

Safety

I will not fly UAS above 400 feet above ground level, or more than 1500 feet away. I will

carefully preflight check the vehicle before each mission to assure that its navigation system are

properly calibrated and that any included return­to­home features, altitude, and radius limitations

work. I will operate the vehicle for aerial photography missions only in the early morning hours

and other times when few people are out in the public. I will operate it only over largely

unpopulated areas where the potential of uncontrolled descent to cause injury or damage is
lowest. I will not operate it in controlled airspace whatsoever, without express written consent

from the FAA. In the unlikely event that a manned aircraft flies below 400 feet AGL where the

petitioners operating his Phantom, he will keep both the vehicle and manned aircraft in sight and

avoid the manned aircraft.

Additionally:

1) I do not operate within 10 miles of an airport.

2) I land my UAS prior to manufacturer recommended minimum level of battery power.

3) I pilot my UAS through remote control by line of sight

4) My UAS uses GPS and a flight safety feature whereby it returns to a preprogrammed position

and then slowly lands if communication with the remote control pilot is lost. I do not pilot my

UAS outside of GPS lock under any circumstances.

5) I actively analyze flight data and other sources of information to constantly update and

enhance safety protocols

6) I conduct extensive pre­flight inspections and protocol, during which safety carries primary

importance

7) I always obtain all necessary permissions prior to operation; and,

8) I have procedures in place to abort flights in the event of safety breaches or potential danger.

Real Estate Phtography

I am a licenced real estate agent. Have practiced real estate over 11 years (2004). In these

years I’ve taken many real estate photos. The use of an UAS in the real estate industry provides

both buyers and sellers a higher level of service. For a buyer a higher level of marketing and

advertising is achieved, appealing to more buyers, resulting in a quicker sale of their home.

Quicker home sales also helps accelerate the economy as a whole. Buyers experience the

benefit of encompassing a whole property, sometimes several acres, in one photo or a short

video. Not only does this benefit the specific home seller or home buyer, but it benefits the

general public because it is much more efficient than traditional ways of using a plane or

helicopter to achieve the same result. We can now provide this level of service while being

conservative with fuel, time, emissions, noise, and other resources. Considering size, weight,
speed, and absence of combustible fuels, my UAS will poses much less of a safety concern for

the general public when compared to larger manned aircraft.

Thank you for your consideration,

Jeff Farr

Owner/Real Estate Agent

Falcon Photography

PO Box 1237

Centerville, UT 84014