# FalconSifyCam

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

Re: 

### Exemption Request Section 333ofthe FAA Reform Act

Dear Sir/Madam October 22, 2014

This petition is being submitted on our own behalfwithout legal counsel or consulting services. Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (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 forvarious industries, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation ofour sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and underthe 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 ifobservers are notqualified pilots, they will attend aground school to understand the proper roles ofan observer, communication procedures, propervisual 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 impactwhich 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 limitthe height itflies above the ground, to limitthe radius ofthe distance itflies from the operator and to exclude itfrom Class B, Cand Dairspace including a no fly zone feature. The Phantom also has the failsafe function ofthe Naza-M autopilotsystem which means when the communication between the Main Controller and the transmitter is disconnected, the outputs ofall command sticks from controller will goto 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 ofsight ofa pilot and/or observer and will operate atsites that are a 'sufficient distance' from populated areas within the sterile area described in the FOPM. Such operations will insure thatthe sUAS will "not create a hazard to users ofthe national airspace system orthe public." • When flying sUAV within 3 miles ofan airport, airport operators will be notified and the operatorwill give the right ofway to avoid flying in the proximity offull-scale aircraft. • Maximum flighttime 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 itwill not be operated at an altitude ofno 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 ofthe 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 bythe petitioner weighs less than 

### 55 pounds, including the payload (i.e. camera, lens, and gimbal). • The sUAV will operate at speeds ofno more than 

### 50 knots, can hover, and can simultaneously move vertically and horizontally. • Given the small size ofthe 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 thatthe 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 ofcitizens and property whilst keeping our skies safe. Sincerely



### Diana Cook Falcon5kyCam 

### 1525 Graves Ave Apt 

### 123 El Cajon, CA 

### 92021 619-787-9091EXEMPTIONREQUESTSAND EQUIVALENT LEVELOF SAFETY
FalconSkyCam requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe sUAV System:


### 14CFR Part 21, Airworthiness Certificates This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued forthe DJI Phantom 2 undereither or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: 

### (a) Research anddevelopment. 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 flighttests and other operationsto show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements ofthe 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 aircraftwill not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's lightweight, being constructed primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, ifnotsafer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate forthis 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 ofsafety outlined in the previous paragraph.


### 14CFR 45.23 Displayofmarks; general and 45.29 Size ofmarks. These regulations provide that each aircraft mustdisplay "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 pilotstation. 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 ofsafety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraft while it is preparing for launch will be able to see the designation

. Additionally, we feel thatthe permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station

. Finally, we will display atthe 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 ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point oforigin.

### 14CFR 61.113 Private pilot privilegesand limitations: Pilot in Command and 61.133 Commercial pilot privilegesand limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command ofan aircraftfor compensation or hire. Subparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only incidental tothat 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 meetthe intent of61.113 Subparagraph (b) even though the intentofthis application is to conduct a business.
14CFR 91.7 Prohibitsthe Operation ofan aircraftwithoutan airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.


### 14CFR 91.9 Civil aircraftflight 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 thatthe intentofthis 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 notonly too small to carry documentation, the documentation would not be available tothe crew during flight operations. To obtain an equivalent level ofsafety and meet the intent of91.9, we propose that a current, approved sUAS Flight Manual must be available tothe crew atthe ground station anytime the aircraft is in, or preparing for, flight. 

### 14CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flight testsThe regulation states that "No person may operate a civil aircraftthat is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground-based control station consists ofa small hand-held radio transmitter and while itdoes notoffer a second set of "controls", both the student and instructorcan, and will, operate the single set ofcontrols simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel thatthis technique meets the intent 91.109 and provides an equivalent level ofsafety. 

### 91.119 Minimum safe altitudes: General. The regulation states thatover sparsely populated areas the aircraft cannot be operated closer than 500 feetto any person, vessel, vehicle, or structure. Since the typical mission ofthe sUAS would be photography or survey of persons, vessels, vehicles or structures itwould 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 aircraftwill be operated at a low altitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size ofthe UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 

### CFR 91.121Altimeter settings. The regulation requires thataircraftshall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The sUASwill always fly below 400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflictwith other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computerto the display screen held by the PIC, providing a constantly updated AGL readout.


### 14CFR 91.151 Fuel requirementsfor 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 ofintended landing and to fly after thatfor at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum duration offlight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraftwill neverfly more than 3f4 NM from the point of intended landing, afull battery charge at launch will ensure thatwe meetthe reserve energy requirement ofthis paragraph. We request an exemption tothe word "fuel" and askfor an equivalent interpretation with the word "energy".


### 14CFR 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 thatthe airworthiness certificate be "displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of5

.3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers or crew. To obtain an equivalent level ofsafety and meetthe intent of91.203, we propose that documents deemed appropriate forthis aircraft by the FAA will be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identify the aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed tothe aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.



### 14CFR Subpart E(91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The regulation provides thatthe 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 thatthe aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. 

### It is our intention thatthe PIC perform maintenance and inspection ofthe aircraftand "be authorized to approve the aircraftfor return to service." The PIC will ensure that the aircraft is in an airworthy condition priorto every flight and in addition conduct detailed inspections after everytwo hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe 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 tothe size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety.