July 30

, 2015

Exemption No. 12240 Regulatory Docket No. FAA

– 20 15

– 2030

Mr. Les Valsquier Principle Freeborn Concepts LLC, dba RealSkyPics 1125 300th Street NW

. Stanwood, WA 98292

Dear Mr. Valsquier :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 18 , 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Freeborn Concepts LLC, dba RealSkyPics ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial video graphy and photography

.
See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

.
The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+ and DJI Phantom 3

.
In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petiti on. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in a ll material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

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 me by th e Administrator, Freeborn Concepts LLC, dba RealSkyPics 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.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Free born Concepts LLC, dba RealSkyPics is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision+ and DJI Phantom 3 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend t his exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are
not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. 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 de vice other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight op erations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to opera te the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made av ailable to the Administrator upon request. If a discrepancy exists between the conditions and4

limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to t he operating documents.

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 prior to conducting further oper ations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe f light. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating u ntil the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

a ircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirem ents specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent w ith 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated

u nder this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for fligh t operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations m ust be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/F acility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a
pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC mu st abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exemption must be identified by seria l number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any 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.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted a t least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must en sure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonp articipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. 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 FA A'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

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;
g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder ’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on July 31, 2017 , unless sooner superseded or rescinded.

Sincerely, / s/ John S. Duncan Director, Flight Standards Service

EnclosuresFA

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- Application for Exemption RealSk yPics May 18, 2015 Page 

## 1 of 

## 12 Les V alsquier Freeborn Concept s LLC, dba RealSkyPics

11 25 300th S t. NW St anwood, W

A 98292 425.971.4999 

## lesval@gmail.com

18 May , 2015

U.S. Department of T ransportation Federal Aviation Administration Do cket Management System Shell Docket F

AA

- 2007

- 0001

RE: Exemption Request Section 333 of the F AA Reform Act of 2012

Attachment s : 1) Phantom 2 Vision+ User Manual (EN) v1.8 2) Phantom 2 Vision+ Pilot T raining Guide (EN) v1.1

References **:** 1) F AA Exemption No. 1 11 38, Regulatory Docket No. F AA

- 2014

- 0481 in the matter of the petition of DOUGLAS **TRUDE AU**  2) F AA Exemption No. 1 11 36, Regulatory Docket No. F AA

– 2014

– 0508 in the matter of the petition of **ADV ANCE**  **D AV**  **IA**

**TION** SOLUTIONS LLC 3) F AA Exemption No. 1 1395 Regu latory Docket No. F AA

- 2015

- 0162 in the matter of petition of **STRA**

**W** Investment Group LLC 4) F AA Exemption No. 1 1462 Regulatory Docket No. F AA

- 2015

- 0269 in the matter of petition of **SKY**

**CA TCH**  , Inc

**SUMM ARY** 
On behalf of Freeborn Concept s LLC (dba RealSkyPics) Les V alsquier seeks exemption from the requirements of 14 C.F .R §§ 45.23, 61.1 13(a) & (b), 91.9(b)(2), 91.1 19(c), 91.121, 91.151(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (UAS) pursuant to Section 333 of the F AA Modernization and Reform ActFA

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## 12 of 2012 (FMRA). This exemption will permit operation of a UAS for the commercial purposes of conducting aerial video and photography of construction and real estate sites, and for agricultural /forestry imaging and support consult ation. RealSkyPics proposes to operate the UAs in rural and suburban areas primarily in Wa shington and Oregon, for commercial gain in real estate and agricultural monitoring, as well as to of fer community services such as search and rescue on a pro bono basis.
As demonstrated in this petition, RealSkyPics is burdened by being prohibited from commercial operation of its UAS by the above existing provisions of 14 CFR, adopted before and without reference to the current de velopment of commercially viable Unmanned Aerial V ehicles. Pending F

AA's adoption of rules specifically tailored to such use, RealSkyPics request s these exemptions because it is in the public interest to provide the commercial services described now , and b ecause the services can be provided at a level of safety at least equal to that provided by the specified rules as well as by the proposed new regulations published in the Federal Register on February 23, 2015.

**I. THE UA S** 
RealSkyPics will operate UAS DJI Phantom 2 Vision+ (Phantom 2). The Secret ary of T ransportation has determined that this aircraf t meet s the conditions of Section 333. Hence relief from 14 CFR Part 21, Subpart H (Airworthiness Certificates) and associated matters are not necessary

. See STRA W.

Safety features included in Phantom 2 provide a level of safety that far exceeds those required by the F AA. These include state

- of

- the

- art features for GPS navigation, return home capability , programmability , airport vicinity no

- fly feature and re stricted altitude feature. Phantom 2 dif ferentiates radio frequency (RF) for aircraf t controller/receiver from that controlling the camera and complies with FCC regulations. See Att ached User Manual.

Phantom 2 is light, less than 3 pounds including batt ery and camera. It incorporates an automatic return home feature that direct s the craf t back to point of takeof f should communication with the transmitter be lost. Phantom 2 accepts sof tware upgrades. It has cruising speed of 15 knot s, with a maximum speed of 29 knot s. Maximum flight time is 25 minutes.FA

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## 12 The Phantom has an additional communication link between the camera and craft on a dif ferent RF for a smart phone connection. These allow the operator or Pilot in Command (PIC) to monitor battery level, al titude in feet above ground level (AGL), distance from PIC, camera imagery , and control camera angle.

The software for the Phantom allows the operator or PIC to set maximum altitude AGL for each flight, allowing customization of flight s to no higher than 100 feet, 150 feet, or 200 feet AGL as an examples. The 400 foot maximum AGL can be programmed into the UAS sof tware pre

- flight to insure compliance with F AA st andards. Adding to the safety capabilities of this UAS, it is programmed to remain in position when controls are released, maintaining altitude and GPS location.

One additional feature is the ability to monitor battery levels on the ground. The controller will warn the PIC when the battery life reaches 25 percent or when the UA V is reaching a poi nt where it will not be able to returned to home point.

The Phantom has numerous default safety features such as an altitude and GPS monitoring function that allows the operator precise determination of height, direction of flight and distance from the op erator or PIC. The Phantom will return to a specified location under emergency circumstances like loss of connectivity with controller . low battery or software malfunction.
The requested exemption would support an application for a commercial Certificate of Authorization should a situation arise in which RealSkyPics must route the UA

above 200 feet.

The F AA has recently approved numerous exemptions allowing similar use of a Phantom 2 UAS (e.g. Exemption No. 1 1395 (S traw)).

PHANT OM 3 : RealSkyPics intends t o purchase the DJI Phantom 3 UA as soon as it is released (imminent), and request s that it be included within the authorizations of this application unless doing so would delay approval of this application. The Phantom 3 has all of the safety features of the Phantom 2, as well as enhanced capabilities. Like the Phantom 2, it is small and lightweight, also under 3 pounds.FA

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## 12 **II. THE**  **SER**

**VICES**

This exemption will permit operation of an UAS for the commercial purposes of conducting aerial video and photog raphy of construction and real estate sites, and for agricultural/forestry imaging and support consultation.

**III. THE**  **PUBLIC INTEREST** 
In providing an exemption process Congress recognized that there may well be publicly beneficial UAS applications that c ould safely go forward before the F AA completes formal rulemaking regarding UAS use.
Aerial videography for geographical awareness, crop and forestry management, and real estate marketing is not new . However , manned fixed wing aircraft and helicopters ar e too costly for small business owners. With this exemption RealSkyPics would provide this service at a much lower cost. Further , our small UAS will pose no threat to the public given their small size and lack of combustible fuel when compared to larger manned aircraf t. Additionally , the operation of our UAS will minimize ecological cost s/damage and promote economic growth by providing information to companies managing natural resources or looking to relocate or build in the areas we service.

Use of UAS a voids the fuel carrying machines previously necessary to obtaining critical information. The UAS is safer , environmentally conscious, provides better perspectives for decision making; allows more frequent and closer monitoring of agricultural/forestry act ivities resulting in maximally efficient management and greater output and economic returns.

By approving the requested exemption, the F AA will create benefit s to the economy , to agriculture/forestry , and to the environment, all of which are ultimately i n the public interest.

**IV . SPECIFIC CFRs** 

RealSkyPics notes that 14 CFR part 21, Subpart (H) mandates an airworthiness certificate for any aircraf t, and that 14 CFR 91.203 (a) and (b) require suchFA

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## 12 certificate to be carried within the cockpit or cabin of a ny craft in flight. In consideration of the size, weight, speed and limited operating area associated with small UA

Vs, the Secretary of T ransportation has determined that such aircraf t, including the specific craf t to be used by RealSkyPics, meet the cond itions of Section 333. Therefore it is not necessary to seek relief from these requirement s associated with airworthiness certificates.

The petitioner seeks exemption from the above listed CFRs for the following

reasons:

**45.23:** If necessary we request an exemption from § 45.23 because the UA V will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. T

wo

- inch lettering is impossible to place on such a small aircraf t. RealSkyPics will mark the UAS in the largest possible lettering.

**61.1 13(a) & (b):**  The petitioner request s relief in order to allow pilots who hold a SPOR T PILOT

(or greater) certificate to serve as the PIC for RealSkyPics operations. T

o the extent that an exemption to 61.101(e)(4) or (5) is also needed, th is request includes them. Any pilot operating under this exemption would be required to comply with any conditions as set forth below , and in a similar fashion to the previously granted exemptions. See Exemption No. 1 1462, Skycatch, May 5, 2015.

**91.9(b) (2)**  requires an aircraf t flight manual in the aircraft. Since this is physically impossible for the UAS proposed, RealSkyPics proposes that an equivalent level of safety will be achieved by maintaining a safety/flight manual with the UAS ground station.

**91.1 19(c)**  As discussed in Exemption 1 11 38 (TRUDEAU), operations conducted closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential persons or object s that would not be possible under existing regulation. The petitioner request s waiver for this condition to allow reasonable and responsible operations in areas of low density development as required. RealSkyPics will not operate UAS in congested areas, and will also only operate in safe areas away from the publi c and traf fic, thus “providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes.” Given the size, weight, maneuverability , and speed of the UAS, an equivalent or higher level of safety will be achieved. RealSky Pics is prep ared to comply withFA

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## 12 whatever additional conditions the agency finds appropriate to protect persons and object s on the ground.

**91.121** As discussed in Exemption 1 11 38 (TRUDEAU) 91.121 is inapplicable since the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information. The necessary information is therefore available to the PIC without altimeter concerns.

**91.151(a) and (b)** As discussed in Exemption 1 11 36 (ADV ANCED AV IA

TION) prior relie f has been granted for manned aircraf t to operate at less than the prescribed minimums. In addition, similar UAS

- specific relief has been granted in Exemption Nos. 881 1, 10808, and 10673 for daytime, VFR conditions.
We request an exemption from § 91.151(a ) respecting fuel requirement s for flight in VFR conditions. The UA V is 100% electric and two low battery alerts are issued; per the operating document s, the UA V will be landed at the first alert. Also, our flight s will last less than 15 minutes each, and the UAS has an automated function which results in immediate landing when a low battery is detected. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first point of intended landi ng and, assuming normal cruising speed, land the UA with at least 25% battery power remaining.
RealSkyPics also request s relief from § 91.151(b) which would require landing when "fuel" (here, battery charge) would allow flight for at least 20 additional mi nutes. Given the Phantom 2's flight duration of about 25 minutes, and RealSkyPics' commitment to not exceed 15 minutes per operation, this regulation is both unnecessary and not feasible.

**91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b)** A s discussed and approved in Exemption 1 11 38 (TRUDEAU), and in Exemption 1 1395 (STRA W), the petitioner proposes to inspect and ensure that the UAS is in a condition for safe flight in accordance with it s operating document s. RealSkyPics proposes to follow a ll of the below

- listed procedures, conditions and limitations as to maintenance, inspection, and recordkeeping. RealSkyPics will perform a preflight inspection of the UAS before each flight as outlined in the attached operating document s, and of course com ply with any additional conditions outlined in a grant of exemption.

**V. OPERA** 

**TIONS AND SA**  **FETY**FA

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## 12 RealSkyPics will abide by at least the following additional operating conditions under this exemption, which ensures a level of safety at least equal to existin g rules:

**A. Pilot**  **s in Command (PIC)** Any other pilots who would conduct flights will hold a minimum of a F AA S port Pilot License.
Regarding UAS operational training, we have flown numerous practice flights in remote areas as hobbyists simulating flights fo r future commercial use to gain familiarization with the characteristics of the UAS’ performance under different temperature and weather conditions.
Any PIC operating our UAS will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS pilot commanding a multi

- rotor UAS. The PIC will also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations. In addition to the hour requirements, t he PIC will accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes) prior to any flight.

**B. V olunt**  **ary Operational Conditions and Limit**  **ations**
RealSkyPics will comply with all of the following conditions and limitations (as well as any others imposed in the F AA decision) should this grant of exemption be provided:
Operate the UAS for less than 15 minutes per flight;
Land the UAS prior to the manufacturer ’s recommended minimum level of battery power;

Use the UAS’ global positionin g system (GPS) flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost;
Conduct all operations under the flight safety protocols contained in the operating document s and will actively analyze fli ght data and other sources of information to constantly update and enhance safety protocols;

Have procedures in place to abort flight s in the event of safety breaches or potential danger

.FA

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## 12 Only operate in safe environments that are strictly controlled, are away from power lines, elevated light s, airport s and densely populated areas (defined by areas depicted in “yellow” on VFR chart s and through obt aining information regarding congested areas from the local Flight S tandards District Of fice (FSDO);

Conduct e xtensive preflight inspections and protocols, during which safety carries primary importance (reference PHANT OM User Manual).



## 1. Operations will be limited to the aircraf t described in the operating document s which is a quad

- rotor aircraf t weighing less than 3 pounds: PHANT OM 2 vision Plus or Phantom 3 Unmanned Aircraft System.



## 2. The UA

will not be flown at an indicated airspeed exceeding 30 knots.



## 3. The UA

will be operated at an altitude of no more than 200 feet above ground level (AGL), as indicated by the proce dures specified in the operating document s.



## 4. The UA

will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times.



## 5. The operating documents will be accessible during UAS operations and made available to the Administrator upo n request. Any revisions to the operating document s will be presented to the Administrator upon request.



## 6. Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that af fect s the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control S tation will be included in the preflight inspection. All maintenan ce and alterations will be properly documented in the aircraf t records.



## 7. Any UAS maintenance or alterations that af fect the UAS operation or flight characteristics, e.g. replacement of a flight

- critical component, will undergo a functional test flight. The PIC who conduct s the functional test flight will make an entry in the aircraft records.



## 8. The pre

- flight inspection section in the operating documents will account for all discrep ancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.FA

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## 12 9. RealSkyPics will follow the UAS manufacturer ’s aircraf t/component, maintenance, overhaul, replacement, inspection, and life limit requirement s.



## 10. RealSkyPics will carry out maintenance, inspections, and rec ord keeping requirement s in accordance with the operating document s. Maintenance, inspection, and alterations will be noted in the aircraf t records, including total flight hours, description of work accomplished, and the signature of the authorized person returning the UAS to service.



## 11. Each UAS operated will comply with all manufacturer Safety Bulletins.



## 12. An authorized person will make an entry in the aircraf t record of the corrective action taken against discrepancies discovered between inspections.



## 13. The PIC will not operate the UAS for the purpose of aerial videography/cinematography and augmenting real estate listing videos (or similar operations), unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely o perate the UAS in a manner consistent with the operating document s, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.



## 14. UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will be conducted under visual meteorological conditions (VMC).



## 15. The UA

will not operate within 5 nautical miles of an airport reference point as denoted on a current F AA

- published aeronautical chart.



## 16. The UA

will not be opera ted less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 st atute miles from the PIC.



## 17. Each UAS operated will comply with all manufacturer Safety Bulletins.



## 18. If a UA

loses communications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents.



## 19. The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance with t he operating document s.FA

A

- Application for Exemption RealSk yPics May 18, 2015 Page 

## 10 of 

## 12 20. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.



## 21. RealSkyP ics will obtain an Air Tr af fic Organization (A

TO ) issued Certificate of W aiver or Authorization (COA) prior to conducting any operations where the UA will operate above 200 feet AGL, and also request a Notice to Airman (NOT AM) not more than 72 hours in adv ance, but not less than 48 hours prior to such an operation.



## 22. Before conducting operations, the radio frequency spectrum used for operation and control of the UA will comply with the Federal Communications Commission (FCC) or other appropriate government ov ersight agency requirement s.



## 23. The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground Control S tation of the UAS any time the UAS is operating. These documents will be made available to the Administrator or any law enf orcement official upon request.



## 24. The UA

will remain clear and yield the right of way to all manned aviation operations and activities at all times.



## 25. The UA

will not be operated over congested or densely populated areas.



## 26. Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:



## a. Barriers or structures are present that suf ficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. RealSkyPics will ensu re that nonp articipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations will cease immediately

. 

## b. The aircraf

t is operated near vessels, v ehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those object s and determined that it does not present an undue hazar d, andFA

A

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## 11 of 

## 12 c. Operations nearer to the PIC, operator trainees or essential persons do not present an undue hazard to those persons per §91.1 19(a).



## 27. All operations conducted over private or controlled

- access property will be with permission from the land owner/cont roller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.



## 28. All UAS employed under this exemption will be identified by serial number

, registered in accordance w ith 14 CFR p art 47.



## 29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the F

AA's UAS Integration Office (AFS

- 80) within 24 hours. Acc ident s will be reported to the National T ransportation Safety Board (NTSB) per instructions contained on the NTSB W eb site: 

## www .ntsb.gov

.

**VI. FEDERA**  **L REGISTER**  Pursuant to 14 C.F .R. Part 1 1, the following summary is provided for publication in the Federal Register , should it be determined that publication is needed:

In order to operate commercially a small unmanned vehicle (10lbs or less) for re al estate and agricultural/forestry functions, applicant RealSkyPics seeks exemption from the following rules: 14 C.F .R 45.23(b); 14 C.F .R. §§ 61.1 13( a) & (b); 91.7(a); 91.9 (b)(2); 91.103(b); 91.109; 91.1 19; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a ); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b).

Approval of exemptions allowing commercial operations of small Unmanned Aerial Systems (sUAS) for real estate information and in agriculture/forestry management provides critical eco nomic information with enhanced safety and reduced risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger , have combustible fuel, and carry an onboard human pilot. In contrast, sUAS powered by batteries eli minate virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. Operation of small sUAS conducted in the strict conditions required by F

AA approval will provide a public benefit at a level of safety supporting the grant of the exemptions requested.FA

A

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## 12 VII. **PRIV**

**ACY**

All flight s will occur over private or controlled access property with the proper ty owner's prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.

This concludes R ealSkyPics application. Please contact me with any questions.

Sincerely

,

Les V alsquier Principle, Freeborn Concept s LLC dba RealSkyPics 425

- 971

- 4999 

## lesval@gmail.com