July 31, 2015

Exemption No. 12267 Regulatory Docket No. FAA

– 20 15

– 2132

Mr. Jonathan Pharr Pharr Properties Westside Drones

2508 Colborne D rive

Plano

, TX 75025

Dear Mr. Pharr :

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 29, 2015

, you petitioned the Federal Aviation Administration (FAA) on

behalf of Pharr Properties Westside Drones ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to

conduct aerial videography and cinematography

.

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 is a DJI Phantom 3

.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. 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 Transportation has determined that this aircraft

meets the conditions of Section 33 3. Therefore, the FAA finds that the requested 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 petition. In Grants of Exemption No s

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

− 20 14

− 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, Pharr Properties Westside Drones 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) an d (b), to the extent necessary to allow the petitioner to operate a UAS to perform

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 sur veying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

aerial data collection

. This exemption is subject to the conditions and limitations listed

below.

Conditions and Limitations

In this grant of exemption, P harr Properties Westside Drones 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 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 this exemp tion

.

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 airs peed 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 device other than

corr ective 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. T he 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 operations. The PIC

m ust 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 operate the UAS and condu ct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating4

documents must be accessible during UAS operations and made available to the

Admin istrator upon request. If a discrepancy exists between the conditions and 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 ope rator 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 bas is 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 the operating documen ts.

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 operations under this ex emption. 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 flight. The pre

- fli ght 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 until 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

aircraft 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 Federal5

government. The PIC must also meet the flight revi ew requirements specified in

1 4 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

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 with

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

under this exe mption 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 flight 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 must be conduc ted 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/Facility Direc tory (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 must 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 operat e 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 C OA. The6

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

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, reg istered 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 U AS 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 at 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 ensure

that no nparticipating 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 nonparticipating 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 op eration 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 be7

reported to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following a dditional 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 exempti on 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 inclu de 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. Mak e, 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 August 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

Enclosures

# Pharr Properties

- 2508 Cima Hill Dr

Plano TX 75025 Tele: ( 214)707

- 6154

May 29 , 2015

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

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 91.7(a); 91.9( b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)



# Dear Sir or Madam,

We, Pharr Properties , are writing pursuant to
the FAA Modernization and Reform Act

of 2012 and the procedures contained within 14 C.F.R. 11, to request that Westside Drones, an owner and operator of small unmanned aircraft, be exempted from the

Federal Aviation Regulations (“FARs”) listed below so that We, Westside Drones, may operate our small ultra light weight unmanned aircraft system (“UAS”) commercially in

# airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein Pharr Properties Members, are Certified Private Pilots in the United States; experienced in flying hobby Quad Copters for recrea tional purposes. Our Inventory includes a one DJI Phantom 3 with

4k camera with the intent for aerial videography/cinematography to enhance academic community

awareness for those individuals and

com panies unfamiliar with the geographical layout of the Southern California area, and augment real estate listing videos; following exemption and approval by the FAA. Thereby enhancing their academic research experience for the Southern California area.
UAS Specs Below:

Phantom 3 Aircraft

**Weight (Including Battery And Propellers)**

1280 g

**Diagonal Size (Including Propellers)**

590 mm

## Max Ascent Speed

5 m/s

**Max Descent Speed**

3 m/s

**Hover Accuracy**

• Vertical: +/

- 10cm

• Horizontal: +/

- 1m **Max Speed** 16 m/s (ATTI mode, no wind) **Max Altitude Above Sea Level** 6000

m **Operating Temperature** 0°C to 40°C **Gps**

**Mode** GPS/GLONASS 

# 3DR Solo Smart Drone

Aircraft

- 

# Cameras: Compatible with GoPro® HERO3, 3+ and 4; optimized

for HERO3+ and 4

Streaming video qua lity: 4K

Flight time: 25 minutes; 20 minutes with payload*

Range: .5 miles** (.8 km)

Max speed: 55 mph (89 km/h)

Max ascent speed: 10 m/s in stabilize mode; “fly” mode spec forthcoming

# Max descent speed: ditto

Max payload: 420 g

Max altitude: 400 ft per FAA regulation, user adjustable (122 m)

Motors: 880 kV

Propellers: 10 ʺʺ diameter 4.5 ʺʺ pitch self

tightening (24 cm diameter 144 cm pitch)

Autopilot: Pixhawk 2

Software: APM:Copter

Communication: 3DR Link secure WiFi

network

Frequency: 2.4 GHz

Weight: 3.3 lbs. (1.5 kg) / 3.9 lbs. (1.8 kg)

with GoPro® and Solo Gimbal

Dimensions: 10 in. tall (25 cm), 18 in. (46 cm) motor

- to

- motor Flight battery: Lithium polymer 5200 mAh 14.8 Vdc

Battery charge time: ~1.5 hours Controller

# batt ery: 2600 mAh 7.2 Vdc rechargeable

lithium ion

Pharr Properties is Committed to safety with each flight. Pharr Properties exemption request would permit operation of ultra light weight, unmanned (piloted by remote control) and comparatively inexpensive UAS( s) in tightly controlled and limited

airspace. Predetermined in areas away from general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner real estate listing videos/photos.

Gra nting our, Pharr Properties , request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to
the use of UAS's for real estate/Realtor purposes. Further We, Pharr Properties , will conduct our operations in compliance with the

# protoco ls described herein or as otherwise established by the FAA.

For the reasons stated below, We, Pharr Properties , respectfully request the grant of an exemption allowing us to operate ultra light weight, remote controlled UAS’s for academic community awarene ss to benefit/stimulate

attraction to the Dallas area and to enhance real estate listing videos for homeowners who cannot afford expensive manned aircraft for the same purpose. Both of which will promote local economic growth through increased employm ent and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that poses potential public hazard.



# I. Contact Information:

Pharr Properties

, Jonathan Pharr 2508

Colborne DR Plano TX 75025 Tele: ( 214 ) 7 07

- 6154 Email: jonathan@pharrproperties.com



# II. The Specific Sections of Title 14 of the **Code of Federal Regulations from which**
Pharr Properties 

# , Requests Exemption

**are:**

# 14 CFR 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91, et

seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).



# III. The Extent of relief Pharr Properties


# seeks and the Reason We Seek Such

**Relief:**

We, Pharr Properties , submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent

we, Pharr Properties , contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil
unmanned aircraft s ystems into our national airspace system as it is in the public’s interest to do so. Our, Pharr Properties , ultra light weight UAS meets the definition of “small

unmanned aircraft” as defined in Section 331 and therefore the integration of our ultra light

w eight UAS is expressly contemplated by the Reform Act. We would like to operate our light weight UAS prior to the time period by which the Reform Act requires the FAA to

# promulgate rules governing such craft. Thereby, providing direct experience and

valuab le information for formal regulation that can be administered uniformly to all real
estate related UAS aerial video

and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace sys tem. Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of th ese items reflect in favor of an exemption for us, Pharr Properties . Our UAS utilizes eight (4)

counter

- rotating propellers for balance, control and stability. Our UAS is equipped with GPS and auto return safety technology. Weighing less than fifteen (20) pounds (far below the max. 55 pound limit); including camera with gimbal.

Pharr Properties , considers safety as foremost with each flight. Our small unmanned

aircraft is designed to hover in place via GPS

# and operate in less than a 13 knot (15 mph)

wind. F or safety, stability and fear of financial loss we will not fly in winds exceeding

13 knot (15 mph). Built in safety systems
include a GPS mode that allows our UAS to hover in place when radio controls are released. No UAS operations near airports, Hospit als nor Police heliports, and do not operate near areas where general public is within fifty to one hundred (50

- 100) yards depending on location, conditions and weather. We are constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach our location or we suspect manned aircraft may approach near our location. Our UAS is capable of vertical and horizontal operations, and are flo wn only within our line of sight of us, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between ten (10) to fifteen (15) minutes, with an altitude under three hundred (300) feet. We, Westside Drone s, utilize a fresh fully charged battery with each flight as a safety

# precaution; full flight time limit for each battery is ten (10) to fifteen (15) minutes as tested. We do not operate our UAS at or below manufacture recommend minimum charge
levels for o peration; preferring to

remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve

batteries are at hand with each exercise to insure replac ement for sufficient safe level of operation. We do not believe in taking risk that may cause a crash, that could create hazard to the public/property/ manned aircraft, and

have no desire to lose an investment. We have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain

familiarization with the characteristics of this specific UAS's performance under different temperature and weather conditions.

We, Pharr Properties , are extremely cautious

whe n operating our UAS/ultra light weight
unmanned aircraft and will not “create a hazard to users of the national airspace

# system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of our UAS it falls well within Congress’s contemplated

s afety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Westside Drones UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general publ ic or national security.



# IV. How Pharr Properties 

# Request Will

**Benefit the Public As A Whole:**

Aerial videograph y for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget real estate companies and average homeowners the expense of such aerial videography is cost proh ibitive. Only large companies and high end Realtors or luxury
homeowners can afford to absorb such expense. Depriving non

- luxury homeowners and lower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to the public through potent ial catastrophic

# crash that the Dallas community has experienced in the past with military aircraft and medical helicopter crashes within the
SoCal area.

Each resulting in loss of life. Each with combustible fuel that exploded and burned on impact. P olice helicopters have made emergency hard landings within city limits. Our, Pharr Properties , UAS pose no such

threat since size and lack of combustible fuel alleviates any potential threat to the public.

Congress has already proclaimed that it is in

the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting Our, Pharr Properties , exemption request furthers the public interest through
academic/visual awareness of the geographi cal benefits in and around the

Dallas area. Our ultra light weight UAS is battery powered and creates no emissions

that can harm the environment. The consequence of my ultra light weight UAS crashing is far less than a full size helicopter

or fixed wi ng aircraft; which are heavy, contain

# combustible fuel and can cause catastrophic devastation to the public.The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through our battery operated u ltra lig ht weight UAS's. Permitting us, Pharr Properties , to immediately fly within national air space furthers economic growth. Granting our exemption request substantially furthers the economic impact for the Los Angeles community for companies looking to relocate
or build in the SoCal area as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community.



# V. Reasons Why Pharr Properties 

# Exemption Will Not Adver **sely Affect Safety Or How The Exemption Will**  **Provide a Level of Safety At Least Equal To Existing Rule:** 

Our, Pharr Properties , exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting us, Westside Drones, to log mor e flight time in FAA

# controlled airspace, with communication with the FAA, will allow us to contribute to the innovation and implementation of new and novel, as of yet

undiscovered safety protocols for Realtors that can be embraced by the National

Associa tion of Realtors and Texa s Association of Realtors, for development in cooperation with the FAA. In addition We, Pharr Properties , submit the following representations of enhancements to current aerial videography and photography for real

estate:

Our UAS weighs less than 20 pounds complete with gimbal and high resolution Cameras; We only operate our UAS below 300 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012);

Our UAS only operate for 10

- 15 minu tes per flight; We land our UAS prior to manufacturer recommended minimum level of battery

power; We pilot our UAS through remote control only by line of sight; Our UAS has GPS a flight safety feature whereby it hovers

# and then slowly lands if communicatio n with the remote control pilot is lost; We actively analyze flight data and other sources of information to constantly update and enhance safety protocols; We only operate in reasonably safe environment that are strictly controlled, are away from power li nes, elevated lights, airports and actively populated

areas; We conduct extensive pre

- flight inspections and protocol, during which safety carries primary importance; and We always obtain all necessary permissions prior to operation.

Our, Pharr Properties

, safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for community awareness and real estate. While the safety record of such helicopters is remarkably astounding, there has been local incident involving loss of life as well as extensive property damage; it is far safer to operate a

# battery powered ultra light weight UAS.

First, the potential loss of life is diminished because UAS's carry no people on board and we only operate our UAS in specific areas away from mass populations.

Second, there is no fuel on board a UAS and thus the potential for fire or explos ions is greatly diminished.

Third, the small size and extreme maneuverability of our UAS allows us to remotely pilot away from and avoid hazards quickly and safely.

Lastly, given its small size and weight, even when close enough to capture amazing images , our UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom.

Accordingly, our UAS has been experimentally operated for familiarization/competency and will continue to

oper ate at and above current safety levels.



# VI. A Summary The FAA May Publish in

# the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The

Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of our, Pharr Properties , UAS

per mits exemption from Part 21 because our UAS meets (and exceeds) 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 U.S.C. § 44701 (f)) and Section 333 of the Reform Act.

Both

pieces of legislation permit the FAA to exempt

UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports an d dense populations. Our, Westside Drones, current and projected

UAS's meet or exceed each of the elements.

# 14 C.F.R. 91.7(a) prohibits the operation of an

aircraft without an airworthiness certificate. As no such certificate will be applicable in the

for m contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable.

An e quivalent level of safety will be achieved by maintaining our,

Pharr Properties , safety protocols. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 328 27.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as our UAS utilizes electronic global positioning systems with a

barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any

# such required certifications and registrations by us, Westside Drones.

14 C.F.R. § 45.23: Marking of The Aircraft

. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Our UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Furth er, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, We will mark our UAS in the largest possible lettering by placing the
word “EXPERIMENTAL”

on its fuselage as requir ed by 14 C.F.R. §45.29 (f) so that we the pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

14 C.F.R. 91.119: M inimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operati on of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Our UAS will never operate at an

# altitude greater than 300 AGL; safely below the standard of 400 AGL. We, 

# Pharr Properties , will however operate our UAS in safe areas away from public and traffic, 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 our UAS, an equivalent or higher level of safety will be

achieved.

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above

- cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 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. . . .”

These Regulations only apply to aircraft with an
airworthiness certificate. The y will not, therefore, apply to our, Westside Drones,UAS. However, as a safety precaution we inspect our UAS before and after each flight as well as maintaining a maintenance log.



# A Summary The FAA May Publish in the

# Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weig ht and enclosed operational area of our UAS permits exemption from Part 21 because our, Westside Drones, UAS meets an equivalent level of safety

pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from

the airworthiness cer tificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed,

maneuve rability and proximity to areas such as airports and dense populations. Our UAS

meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an

aircraft without an airworthiness certificate. As

# no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 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 UAS's, this Regulation is inapplicable. An e quivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.



# In summary

, Pharr Properties 

# seeks an **exemption from the following Regulations:** 

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 1 4 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. §

# 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.4 09 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate our, Pharr Properties , small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and real estate operations, and to develop economic platforms for real estate to enhance the experience of those seeking to relocate to the Los Angeles area. Currently, area awareness

and real estate aerial videography/photography relies primarily on
the use of

larger aircraft running on combustible fuel. Posing potential risk to t he public. Granting our, Westside Drones, request for exemption will reduce current risk levels and thereby enhance safety. Our UAS craft do not contain potentially explosive fuel, is smaller, lighter

and more maneuverable than conventional

real estate vid eo and photographic aircraft with less flight time. Further, We operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. We, Westside Drones have been informally analyzing flight

# inf ormation and will compile safety protocols and the implementation of a flight operations manual for real estate usage that exceeds currently accepted means and methods for safe flight. Formal collection of information

shared with the FAA will enhance the F AA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board our, Pharr Properties , UAS and
therefore the likelihood of death or serious bodily injury is significantly diminish ed. our, Pharr Properties , operation of our UAS, weighing less than 20 pounds and traveling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly We, Pharr Properties , respectfully re quest that the FAA grant our exemption request and are willing

to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully submitted,

Pharr Properties

- 2508 Cima Hill DR Plano, TX

75025