US Department of Transportation 

Federal Aviation Administration 

800 Independence Ave SW 

Washington DC 20591 

Dear Sir or Madam: 

David Eckert 

437 Stagecoach Drive 

Canyon Lake, Texas 78133 

designscapetx@yahoo.com 

830-481-6033 Cell Phone 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the reform 

act) and CFR Part 11; I David Eckert, owner and operator of Small Unmanned Aircraft Systems 

(UAS's) request to be exempted from the Federal Aviation Regulations (FAR) listed below so 

that I, David Eckert may operate UASs commercially in airspace regulated by the FAA, as long as 

such operations are conducted within and under the conditions outlined herein or as maybe 

established by the FAA as required by Section 333. 

I David Eckert am an Interior and Exterior Home Design Professional and photographer 

with Designscape Interiors and Texas Photography Concepts in Canyon Lake, Texas. I am 

requesting exemption from regulations listed below to perform aerial photography of Real 

Estate and Landscape. All operations will be performed with the public's safety and right to 

privacy safeguarded at all times. 

David Eckert's UASs is a rotorcraft weighing less than 55 pounds including payload (The 

DJI Phantom 3 Professional Quad Copter). It operates at a speed of less than 50 knots and has 

the capability to hover and move in the vertical and horizontal plane simultaneously. It has an 

auto return to launch point when the battery power is under 25%. The UAS will operate within 

the line of sight within a protected flight area as described below and at 200 feet AGL or less 

with an observer located close at hand as to make voice communication possible. These 

operations will not create a hazard to users of the nation airspace, public nor the environment. 

I, David Eckert, respectfully request the grant of an exception to the following specific 

sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs 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) & (b). 
I David Eckert 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 David Eckert 

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 into 

integration of these UASs are expressly contemplated by the Reform Act I, David Eckert, would 

like to operate it's light weight 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 national airspace before completion of the 

rule making required under Section 332 of the reform Act. In making this determination, the 

Secretary of Transportation is required to determine which UASs do create a hazard to users of 

the national airspace system or the public or pose a threat to national security in light of the 

following. 

The UASs size, speed, weight and operational capability 

Operation of the UASs in close proximity to airports and populated areas 

Operation ofthe UASs within visual line of sight of the operator 

DJI Phantom 3s are rotorcrafts weighing less than 55 lbs. and they operate at speeds 

less than 50 knots and have the capability to operate in the vertical and horizontal plane 

simultaneously. The UASs will operate only within the line of sight of the operator within the 

protected fight area and t 200 feet AGL or less. These will not present a hazard to the national 

airspace nor the public. 

The very small nature of these UASs combined with the safe guards presented below, 

will allow for the safe operation greater than that envisioned by Congress for the FAA to 

establish and by exemption allow commercial operations of UASs to commence immediately. 

Also due to the size of UASs and the areas and altitudes they will operate approval of this 

exception presents no national security issues and absolutely minimal safety concerns which 

have been mitigated through our rigorous risk management process. Given the clear direction 

given in Section 333of the Reform Act, the authority contained in the Federal Aviation Act, as 

amended, the strong equivalent level of enhanced safety, reduced emissions utilizing UASs 

verses 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 

request that the FAA grant the request exemption without delay. 
Eckert, 

The following will be considered as the binding limitation on operations of David 

1. Flights will only occur in the day time hours, 

2. Flights will be operated in the line of sight of the operator (PIC) and observer, (VSO) 

3. Flights will be terminated at any time weather and wind deteriorate to "unsafe for 

flight" by manufacturers recommendations. 

4. The UASs will weigh less than 55 lbs. 

5. Flights will be operated at 200 Feet AGL or less. 

6. Crew will be at a minimum of Operator (PIC} and an Observer and / or Camera 

operator (VSO). 

7. Operator and crew will remain in contact during the fl ight operation. 

8. The UASs operator will perform a check of the flight area and make certain of the 

safety of all persons in the area. 

9. Consent will be obtained from all persons within the video capabilities ofthe units to 

further reduce the chance of violating anyone's privacy. 

10. All required FAA clearances, will be obtained and distances from airports strictly 

observed. 

11. All UASs will have the capability to return automatically to the operator in a safe 

manner, with the auto return function checked and working. 

12. When operated in conjunction with fishing vessels in the gulf, a chase boat will be 

assigned to operate the UASs at a safe distance from the main fishing boat. 

13. Flights will only operate during VFR conditions. 

14. UASs have a function on the control to tell the operator the distance from the 

operator and the battery power remaining. 

15. The Flight team will communicate by voice, and if needed the use of two way radios 

if the area or terrain is too big to clearly hear the voice of all team members. 

16. UASs will be used to video private outings and functions, boating, jet skiing, 

kayaking, fishing trips in the gulf area and sporting events at a safe distance. 

17. When operating over or near water the UASs will be equipped with flotation devices 

so that recovery can be made as to prevent lithium battery exposure to the water 

table 

14 CFR Part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1) 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary certificates in relation to FAR 91.203(a)(1). The size, weight, and defines area of 

operations for David Eckert's UASs permits exemption from Part 21 because they meet 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 

USC4470(f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt UASs from the airworthiness certificates in consideration of weight, size, speed, 
maneuverability and proximity to areas such as airports and dense populations. David Eckert' s 

UASs meets or exceeds each of these elements. 

As of March 23, 2015 the FAA has stated that it will automatically grant a "blanket" COA for 

flights at or under 200 AGL to any UASs operator with a section 333 exemption. 

14CFR 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Because the 

UASs in unmanned and will not carry a pilot or passengers, the proposed operations can 

achieve a high level of safety of operation without the required pilot license. 

14 CFR 91.203 (a&b) provides for carrying of civil aircraft certifications and registrations. These 

are inapplicable for the same reasons stated above. 

14 CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will applicable in the form contemplated by FAR's this regulation is inapplicable. 

14 CFR 91.9 (b) (2) civil Aircraft Flight Manual in Aircraft 

14 CFR 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or 

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

safety will be achieved by maintaining such certifications and registrations at 

Designscape Interiors and Texas Photography Concepts. 

The FAA has previously issued exemptions to this regulation in Exemptions No's 

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827. 

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It 

allows helicopters to be operated at lower altitudes in certain conditions. Designscape Interiors 

and Texas Photography Concept will only operate its UASs at or below 200 AGL. They will be 

operated on a will defined AOR that has been carefully reviewed for hazards and minimizes the 

presence of any persons not essential for these operations. Flights will only be over private 

property that the owner has consented and all persons within this video area also give consent 

for this filming. Compared to flight operations of conventional and traditional aircraft or 

rotorcraft weighing far more than 50 lbs., operating below SOOAGL with flammable fuel UASs 

operations present a far smaller risk to the public. 

Approval of these 333 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 with flammable fuel to 

fly in close proximity of populated areas and people in general. AGL the risk of injury of people 

on the ground or the crew has been reduced or almost erased. The granting of the use of these 
small UASs by David Eckert will give potential sellers of Real Estate of competitive edge in the 

market place. 

Granting David Eckert the above exemption will allow for the expansion of UASs systems into 

the future for the safe conduct of free enterprise and the enjoyment of the masses. 

I, David Eckert, respectfully requests the FAA grant its exception without delay. The FAA has the 

authority to issue the exemption sought by David Eckert pursuant to the Federal Aviation Act, 

85 P.l. 726 (1958} as amended (the ACT}. 

Sincerely, 

Designscape Interiors and Texas Photography Concepts