FalconSifyCam 

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 

Dear Sir/Madam 

October 22, 2014 

This petition is being submitted on our own behalf without legal counsel or consulting services. 

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

and 14 C.F.R. Part 11, Falcons~,Cam (FSC) which has filed an application for doing business 

(DBA) as a planned aerial video company operating a Small Unmanned Aircraft System (sUAS) 

equipped to conduct aerial photography and survey for various industries, hereby applies for an 

exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our 

sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as 

such operations are conducted with and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

The requested exemption would permit Falcons~,Cam to pursue its commercial interests in 

providing services to consumers interested aerial data capture using a small advanced sUAV in 

the following areas: 

• Real Estate Photography 

• Surveying 

• Marine Photo & Video 

• Agriculture 

• Special Events 

FalconSkyCam states that all sUAS flights that will occur over private or controlled access 

property will do so with the property owner's prior consent and knowledge and that only people 

who have consented or otherwise have agreed to be in the area where filming will take place 

will be filmed . 

Additionally, FalconS~,Cam pilots hold FAA Commercial and Private Pilot Licenses with Class I 

and Class III Medical Certificates and if observers are not qualified pilots, they will attend a 
ground school to understand the proper roles of an observer, communication procedures, 

proper visual scan techniques, operations at non-towered airports, and appropriate sections of 

the Aeronautical Information Manual. 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

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) & (b) 

14 C.F.R. 91.205 (b) 

14 C.F.R. 91.215 

14 C.F.R. (91.401 - 91.417) 

Unmanned Aircraft System 

sUAVs are oftentimes seen as superior to helicopters due to the smaller devices cheaper 

equipment and personnel cost, reduced noise and as such, a much smaller environmental 

impact which promotes public safety. 

We are petitioning for exemption to enable Falcons~,Cam to operate a DJI Phantom 2 

equipped with a three-axis Zenmuse Gimbal and GoPro Camera. This sUAV has a built- in 

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

from the operator and to exclude it from Class B, C and D airspace including a no fly zone 

feature. The Phantom also has the failsafe function of the Naza-M autopilot system which 

means when the communication between the Main Controller and the transmitter is 

disconnected, the outputs of all command sticks from controller will go to the center position. If 

the GPS signal is good enough, the system will automatically trigger Return to Home and will 

land safely. 

The above specifications meet with the Model Aircraft Operating Standards as set below: 

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and 

will operate at sites that are a 'sufficient distance' from populated areas within the sterile 

area described in the FOPM. Such operations wil l insure that the sUAS will "not create a 

hazard to users of the national airspace system or the public." 

• When flying sUAV within 3 miles of an airport, airport operators will be notified and the 

operator will give the right of way to avoid flying in the proximity of full-scale aircraft. 

• Maximum flight time for each operational flight will be 30 minutes. 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 

30 minute limit. 
• The sUAV will be programmed so that it will not be operated at an altitude of no more 

than 400 feet AGL, and not more than 200 feet above an elevated platform from which 

filming is planned. 

• Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, 

and the Camera Operator. 

• The sUAS PIC's (Pilot in Command) will be an FAA licensed airman with holding FAA 

Commercial and Private Pilot Licenses and First Class FAA Medical Certificates. 

• The sUAS operated by the petitioner weighs less than 55 pounds, including the payload 

(i.e. camera, lens, and gimbal). 

• The sUAV will operate at speeds of no more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally. 

• Given the small size of the sUAS and the restricted sterile environment within which they 

will operate, our sUAS operations adhere to the Reform Act's safety requirements. 

Additionally, the fact that the pilots hold FAA Pilot licenses demonstrates that they have a high 

regard to safe operations with an understanding of FARs, pre-flight inspections, maintenance 

and repair, operations within airspace, as well as being trained to high safety standards. 

Under the requested exemption FalconS4Jr(am ensures that all operators have completed a 

small unmanned aircraft systems (UAS) education and training program including all applicable 

regulations and guidance documents; including aeronautical background information such as 

charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and 

Crew Resource Management; Basic Small UAS Aerodynamics; Weather factors; Airmanship and 

Decision-making and Safe Operating Procedures. 

We respectfully request exemption under Section 333 to enable FalconS4Jr(am to operate 

efficient, limited, low-risk commercial sUAV operations for the activities stated respecting at all 

times the space and privacy of citizens and property whilst keeping our skies safe. 

Sincerely 

Diana Cook 

Falcon5kyCam 

1525 Graves Ave 

Apt 123 

El Cajon, CA 92021 

619-787-9091 
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

FalconSkyCam requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAV System: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an experimental certificate be issued for the DJI Phantom 2 under either or both of the 

following provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new uses for 

aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to 

show compliance with the airworthiness regulations including flights to show compliance for 

issuance of type and supplemental type certificates, flights to substantiate major design 

changes, and flights to show compliance with the function and reliability requirements of the 

regulations. Since the experimental certificate can be used for commercial purposes such as 

market surveys, sales demonstrations, and customer crew training, we would expect that an 

experimental certificate would permit our commercial purpose as well. 

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the UA's light weight, being constructed primarily of 

carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we request an exemption of 

14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, 

citing the equivalent level of safety outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be 

placed, and may not have a registration number assigned to it by the FAA. We propose to 

achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on 

the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the 

aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel 

that the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground station a 

high contrast flag or banner that contains the words "Unmanned Aircraft Ground 

Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the 

ground station, the banner should be visible to anyone that observes the aircraft and chooses 

to investigate its point of origin. 
14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command of an aircraft in connection with any business or employment if: (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. Our proposed operations require that 

the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the 

aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a business. 

14 CFR 91.7 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 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that 

flight manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, 

the documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is 

in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight 

tests The regulation states that "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." The sUAS System 

ground-based control station consists of a small hand-held radio transmitter and while it does 

not offer a second set of "controls", both the student and instructor can, and will, operate the 

single set of controls simultaneously. With both student and instructor having "hands-on" the 

controls during flight, we feel that this technique meets the intent 91.109 and provides an 

equivalent level of safety. 

91.119 Minimum safe altitudes: General. The regulation states that over sparsely 

populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, 

vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of 

persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to 

the items listed. Operations will only be flown over property or persons where permission has 

been obtained and careful pre-planned has been performed. The aircraft will be operated at a 

low altitude allowing, if a power unit fails, an emergency landing without undue hazard to 

persons or property on the surface. Therefore we maintain that due to the small size of the 

UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, 

which should be considered in granting the exemption. 

CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising 

altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS 
will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the 

takeoff point is transmitted via radio from the sUAS on-board computer to the display screen 

held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-vFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy 

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum 

duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the 

aircraft will never fly more than 3f4 NM from the point of intended landing, a full battery charge 

at launch will ensure that we meet the reserve energy requirement of this paragraph. We 

request an exemption to the word "fuel" and ask for an equivalent interpretation with the word 

"energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 

pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not 

capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the 

intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA 

will be co-located with the crew at the ground control station and available for inspection upon 

request. In order to identify the aircraft, we propose that the information found on 

airworthiness and registration certificates be permanently affixed to the aircraft via placard 

containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement 

of 14 CFR 45.23. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, 

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance 

and inspection of the aircraft and "be authorized to approve the aircraft for return to service." 

The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in 

addition conduct detailed inspections after every two hours of flight. Maintenance performed by 

the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections 

and updating software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will document work 

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity 

of the aircraft, the PIC can ensure an equivalent level of safety.