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May 17, 2015

Falcon Aerial Inspections, Inc.

311 Bauman Ave

Pittsburgh PA 15227-1305

Cell: 412-720-4506

Email: FalconAerialInspections@gmail.com 

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Exemption Request Section 333 of the FAA Reform Act of 2012 

Attachments (links provided for files over 10 MB): 

1) Phantom 2 Vision+ User Manual 

2) Phantom Quick Start Manual 

3) Phantom 2 Vision Pilot Training Guide 

4) Phantom 2 Vision Release Notes 

5) Phantom 2 Vision Battery Safety Guidelines 

6) Phantom Flying Flowchart 

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 

in the matter of the petition of DOUGLAS TRUDEAU 

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in 

the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC 

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 

in the matter of the petition of FLYING CAM INC

Dear FAA,

In accordance with the FAA’s Guidelines for Submitting a Petition for

Exemption under section 333 of the FAA Modernization and Reform Act 

of 2012, I, John Barry, President of Falcon Aerial Inspections Inc., request 

exemption from the following sections of Title 14, Code of Federal Regulations 

§§

61.113(a). 61.113(b). 91.119(c). 91.121. 91.151(a). 91.405(a). 

91.407(a)(1). 91.409

(a)(1). 91.409(a)(2). 91.417(a) & (b).
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In order to operate small unmanned aircraft systems (UAS) 

commercially in airspace regulated by the Federal Aviation 

Administration (FAA) for the purposes of aerial photography, structural 

inspections of bridges, pipelines, well and cell towers, real estate marketing and 

surveys and other flight operations that could be performed safely and more cost 

effectively with the use of small UAS at low altitude within the U.S. national 

airspace system as compared to a manned aircraft. Operations will be performed 

only at the request of and with the authorization and permission of clients or 

their authorized agents in order to facilitate commerce and raise awareness of 

the beneficial uses of small unmanned air systems. So long as such operations 

are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. The conditions identified and 

proposed by, Falcon Aerial Inspections are drawn from references 13. 

The FARs

I, John Barry, President of Falcon Aerial Inspections Inc., request exemption 

from the above mentioned FARs for the following reasons. I have been a licensed 

Private Pilot since November 1989 and hold a Class III Medical Certificate.

61.113(a) & (b). I, John Barry, President of Falcon Aerial Inspections, Inc 

request relief in order to facilitate the utilization of pilots, who hold a private pilot 

(or greater) certificate. Any pilots operating under this exemption would be 

required to comply with any conditions as set forth and in a similar fashion to the 

previously granted exemptions. A Visual Observer will be used at all times while 

under this requested exemption.

91.119(c) As discussed in Exemption 11138 (DOUGLAS 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 objects that would not be 

possible without additional relief. The petitioner requests modification, waiver or 

exemption and clarification concerning the terms “congested areas” and “densely 

populated”. I, John Barry, President of Falcon Aerial Inspections Inc., request 

waiver for this condition to allow reasonable and responsible operations with 

safety as my main concern in areas of subdivisions and neighborhoods if 

required.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable 

since the UAS does not have an altimeter and instead utilizes electronic GPS with 

a barometric sensor for altitude information.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION

SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at 

less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 
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10650. In addition, similar UAS specific relief has been granted in 

Exemption Nos. 8811, 10808, and 10673 for daytime, VFR 

conditions. The UAS provides battery power remaining in percent to the 

PIC. The UA batteries provide approximately 25 minutes of powered flight. 

Information provided in the operating documents discusses procedures regarding 

remaining battery power management. Those documents contain a condition in 

which the PIC will initiate a landing procedure when battery remaining reaches a 

specified level. Given the limitations on proposed operations and the location of 

those proposed operations, The FAA found that a reduced minimum power 

reserve for flight in daytime VFR conditions was reasonable. 

91.405(a). 91.407(a)(1). 91.409 (a)(1) & (2). 91.417(a) & (b) As

discussed in Exemption 11138 (DOUGLAS TRUDEAU), I, John Barry, President of 

Falcon Aerial Inspections Inc., propose to inspect and ensure that the UAS is in a 

condition for safe flight in accordance with the operating documents. The FAA 

found that adherence to the petitioner’s operating documents and the conditions 

and limitations specified, describing the requirements for maintenance, 

inspection, and recordkeeping, were sufficient to ensure that safety would not be 

adversely affected.

The UAS

The DJI Phantom 2 vision plus is a highly successful consumer grade small 

rotorcraft in the quad copter configuration with an advertised weight of less than 

44 ounces (1242g) designed primarily to carry aloft a high definition camera. It 

has an advertised maximum speed of less than 30 knots (15m/s) and a 

maximum climb rate of less than 1200 feet per minute (6 m/s). It is powered by 

four electric motors with a distance between motors of less than 14 inches 

(350mm) It utilizes an internal inertial measuring unit (IMU) with integrated 

barometric sensor augmented with global positioning system (GPS) to maintain 

its geospatial orientation and position. It is controlled primarily through an FCC 

certified radio control (RC) unit. Real time video and telemetry information is 

transmitted back to a ground control station allowing the operator and/or PIC to 

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, 

camera imagery, and control camera angle. It has fail safe modes of operation 

for either loss of RC or GPS signal. Altitude can be limited by the onboard flight 

controller and maximum altitude can be preprogrammed by the PIC. Battery life 

limits flight times to approximately 25 minutes. The onboard flight controller will 

warn the pilot via telemetry and external lighting cues before reaching a low 

battery state. An automatic termination of flight and landing will be initiated 

when the battery reaches a predetermined low state. It is anticipated that flights 

will usually last less than 10 minutes. More information is available in attachment 

1.
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Risk mitigation

I, John Barry, President of Falcon Aerial Inspections Inc., have 

reviewed FAA exemptions reference’s 13 Conditions and Limitations 

section and believe that the procedures specified therein are reasonable and 

will be utilized in order to manage and mitigate risk and ensure public safety.

A preflight checklist will be developed and employed to ensure that the UAS’s 

airworthiness will be verified before launch. Airworthiness will be maintained by 

performance of routine inspections before each flight, maintaining flight and 

maintenance logs to record time on failure prone components. 

I, John Barry, President of Falcon Aerial Inspections Inc., request that in a 

manner similar to reference 13, be allowed to operate within 5 miles of an 

airport provided that.

“The UA may not operate in Class B, C, or D airspace without 

written approval from the FAA. The UA may not operate within 5 

nautical miles of the geographic center of a non towered airport as

denoted on a current FAA published aeronautical chart unless a 

letter of agreement with that airport’s management is obtained, 

and the operation is conducted in accordance with a NOTAM as 

required by the operator’s COA. The letter of agreement with the 

airport management must be made available to the Administrator 

upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but I am 

requesting a mechanism to facilitate such activities without requesting a new 

and separate exemption(s) should the need arise. Operations within class B 

airspace are not requested due to the lack of mode C transponder.

Public interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned 

aircraft of greater proportions, carrying a crew and flammable fuel.

In regards to performing inspections of bridges, towers, and natural gas 

pipelines the UAS will minimize the risk to persons attempting to climb these 

structures and photograph problem areas. It will provide a way for companies to 

have their engineers review photographs and provide additional safety to the 

general public in regards to towers failing or natural gas pipelines having 

structural issues. Many of the natural gas pipelines in our area travel in areas 

that are hard to reach by vehicle or foot and if an area is suspected of having 

problems the UAS can reach it to make an assessment easier and safer.
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I, John Barry, President of Falcon Aerial Inspections Inc., will also 

make the UAS and myself available to local volunteer organizations (for 

no charge) such as fire departments, local law enforcement, etc., to 

perform search and rescue operations, or other similar events as directed by 

authorities.

In addition the use of the UAS in order to facilitate commerce could lead to 

economic growth. Operations for this petition will enable service for property 

owners or their designees seeking an enhanced perspective for characteristics, 

amenities, and benefits of their desired photographic subjects that cannot be 

displayed through ground level photography. Aerial photography is a valuable 

marketing tool that can lead to increased commerce and enhance my personal 

photography. A visual observer will be utilized at all times that the UAS is 

performing duties for compensation and the PIC will hold a Private Pilots 

license. 

Flight data including UAS flight time, Control Unit operation time, 

incident, and details will be recorded for each flight and made available 

to the FAA at any time needed. Any deviations from normal operations 

will also be recorded and made available to FAA.

Conclusion

I, John Barry, President of Falcon Aerial Inspections Inc., am 

requesting this exemption for the purposes of aerial 

photography of real estate, bridge inspections, land 

surveying, pipeline inspections, tower inspections, and other 

flight operations.

The reason for such a general and broad based request is that I, John Barry, 

President of Falcon Aerial Inspections Inc., wish to utilize a business strategy in 

order to capitalize on opportunities as they may arise in the future without the 

long turnaround time associated with additional exemptions. 

My business model is based on the idea of offering small UAS 

services to individuals or companies who wish to employ these 

services as a safe, effective, and legal option to enhance their 

business or prevent structural disasters that may influence the 

general public or individuals.

My own research shows an upward demand for these services that 

currently exists in the real estate market, natural gas market and 

other markets are just beginning to realize the need for such 

services.
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I, John Barry, President of Falcon Aerial Inspections Inc., have been 

a licensed Private Pilot #2881711 since November 1989, hold a Class III 

Medical Certificate and have flown over 100 hours in fixed wing 

aircraft and autogyro aircraft. I have flown Radio Controlled Aircraft 

since 2013. I am familiar with aircraft preflight. Falcon Aerial 

Inspections, Inc. is a business corporation incorporated on January 24 

2014 under the provisions of the Pennsylvania Business Corporation 

Law of 1988, entity number 4241643.
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URL Links for attachment files over 30 MB: 

1) Phantom 2 Vision+ User Manual 

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

2) Phantom Quick Start Manual 

http://download.dji-innovations.com/downloads/phantom/en/PHANTOM_Quick_Start_Manual_v1.7_en.pdf

3) Phantom 2 Vision Pilot Training Guide 

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1_en.pdf

4) Phantom 2 Vision Release Notes 

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_Release_Notes_en.pdf

5) Phantom 2 Vision Battery Safety Guidelines 

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/Smart_Flight_Battery_Safety_Guidelines.pdf

6) Phantom Flying Flowchart 

http://download.dji-innovations.com/downloads/phantom/en/PHANTOM_Flying_Flowchart_v1.0_en.pdf