Patrick J. Farrell November 5, 2015

Aerial Pix, LLC

1321 Whisker Pole Lane

Mount Pleasant, SC 29466

aerialpix2@gmail.com

843-388-3939

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re:

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11,

Patrick J. Farrell, operator of small Unmanned Aerial Systems (UAS), hereby applies for an

exemption from the listed Federal Aviation Regulations to allow commercial operation of a small

UAS, 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.

Regulations from which exemption is requested:

14 CFR sections:

❏ 61.113(a)-(b)

❏ 91.103(b)(1)

❏ 91.119(c)

❏ 91.121

❏ 91.151

❏ 91.203(a) & (b)

❏ 91.405(a)

❏ 91.407(a)(1 )

❏ 91.409(a)(2}

❏ 91.417(a)(b )

Proposed Operations

The exemptions, as requested by Patrick J. Farrell, would permit the provision of commercial

services to customers that are in need of aerial data capture from a sUAS. Patrick J. Farrell

requests these exemptions in order to perform commercial flights in the following areas:

❏ Aerial inspections of public and private structures.
❏ Search and Rescue operations

❏ Aerial photography/videography of houses / residential and commercial buildings

❏ Aerial event photography/videography

❏ Aerial event filming

❏ Aerial Appraisals

❏ Real Estate Marketing

❏ Insurance Inspections of Home and Property

❏ Commercial Advertising Video and Photography

❏ Real Estate Photography and Videography

❏ FREE services offered to our community, firefighter and state officials

❏ Nature and Wildlife Monitoring

❏ Telecommunications

❏ Aerial Surveying

All flights will be conducted over private or controlled access property with the consent and

knowledge of the property owner or controlling party. All flight operations will maintain a 500

foot buffer from all nonparticipating persons, vessels, vehicles, and structures unless sufficient

barriers are in place to protect nonparticipating persons from undue harm. Flight operations will

also only be operated near vessels, vehicles, and structures where the property owner/controller

has granted permission and a safety assessment has been made.

Public Interest/Make and Model

Due to the low cost of operation, increased safety to surrounding persons and property, reduced

noise and environmental impact, and the versatility of the sUAS platform, we believe that a sUAS

can be a great solution to consumers who would, otherwise, have to hire a larger aircraft, such as

a helicopter, in order to capture the data that they need. Patrick J. Farrell is seeking this

exemption in order to operate a DJI Phantom 3 ​advanced quadcopter equipped with a 3-axis

gimbal and 1080p camera and weighing 2.82 pounds (battery and propellers included). DJI safety

failsafe features equipped ensuring safe operations include:

❏ Geo-fence capability that will limit the height and horizontal distance that the Phantom

can fly from the operator.

❏ RTL mode- In the case of low battery or lost communication between the Phantom and

the operator, the Phantom will return to the point of takeoff and land itself. This mode can

be manually turned on by the operator at any point in the flight.

❏ Land mode- Loss of GPS signal will engage land mode. The Phantom will land

automatically at its current position if in a flight mode that requires GPS signal.

❏ Telemetry radio communication provides real time feedback of flight data, including

current altitude, latitude, altitude change rate, and GPS coordinates.

Aforementioned safety features have undergone rigorous testing procedures by DJI as well as Eli

Hartnett. Logs and descriptions of each safety test flight performed by Eli Hartnett are available

upon request. These safety features combined with the PIC’s knowledge obtained during flight

training will successfully mitigate operation safety risks.
Operations of Flight

❏ The operator and PIC will guarantee that operations adhere to strict standards as set

below:

❏ The PIC must show that they are able to safely operate the UAS in a safe manner before

proceeding with operations.

❏ The UA will be operated at airspeeds below 29 knots.

❏ The UA will be operated below 400 feet above ground level (AGL) at all times.

❏ The UA will be operated within visual line of sight (VLOS) at all times.

❏ All operations will utilize a visual observer (VO).

❏ The UA will be operated within the visual line of sight (VLOS) of the PIC and VO at all

times.

❏ The VO will not perform any other duties beyond assisting the PIC with seeing and

avoiding traffic and other ground based obstacles.

❏ Proper preflight inspections will take place before each flight.

❏ The UA may not operate within 5 nautical miles of an airport reference point unless a

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

❏ 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.

❏ The PIC must maintain a battery reserve that allows the UA to return to point of landing at

normal cruise speed and land with 30% battery power.

❏ The UA must remain clear of and yield to all other air traffic.

❏ Flight operations will remain 500 feet from all nonparticipating persons, vehicles, and

structures unless:

❏ a. Barriers or structures are present that sufficiently protect nonparticipating

persons from debris in the event of an accident.

❏ b. All participating persons will be made aware of the dangers of flying a UA and

the safety precautions and features that are in place.

❏ c. The aircraft is operated near vessel, vehicles, or structures where the property

owner/controller has granted permission and the PIC has made a safety

assessment in regard to the close operation to these objects.

❏ d. Operations near the PIC or VO do not present an undue hazard to the PIC or VO

per 91.119(a).

❏ All operations will be conducted over private or controlled-access property with prior

permission from the property owner/controller or authorized representative.

❏ the unmanned aircraft (UA) to be operated under this request is less than 55 lbs. fully

loaded, flies at a speed of no more than 50 knots, carries neither a pilot nor passenger,

carries no explosive materials or flammable liquid fuels, and operates exclusively within a

secured area.

By following the strict safety standards set by Patrick J. Farrell, the FAA, and the physical safety

properties of the sUAS, will allow for safe and efficient operations. Patrick J. Farrell hereby
requests exemption under Section 333 in order to pursue commercial sUAV applications with the

intent to provide customers with the safest, highest quality platform available.

Request Relief From The Following

Sections:

❏ 61. 113( a) and (b) prescribes that-

❏ (a) no person who holds a private pilot certificate may act as a pilot in command

of an aircraft that is carrying passengers or property for compensation or hire; nor

may that person, for compensation or hire, act as pilot in command of an aircraft.

❏ (b) a private pilot may, for compensation or hire, 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.

❏ 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning a

flight, become familiar with all available information concerning that flight, to include-

❏ ( a) For a flight under IFR or a flight not in the vicinity of an airport, weather

reports and forecasts, fuel requirements, alternatives available if the planned

flight cannot be completed, and any known traffic delays of which the pilot in

command has been advised by ATC;

❏ (b) For any flight, runway lengths at airports of intended use, and the following

takeoff and landing distance information:

❏ (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight

Manual containing takeoff and landing distance data is required, the

takeoff and landing distance data contained therein;

❏ (2) For civil aircraft other than those specified in paragraph (b)(1) of this

section, other reliable information appropriate to the aircraft, relating to

aircraft performance under expected values of airport elevation and

runway slope, aircraft gross weight, and wind and temperature.

❏ 91.119 prescribes that, except when necessary for takeoff or landing, no person may

operate an aircraft below the following altitudes:

❏ (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing

without undue hazard to persons or property on the surface.

❏ (b) Over congested areas. Over any congested area of a city, town, or settlement,

or over any open air assembly of persons, an altitude of 1 , 000 feet above the

highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

❏ (c) Over other than congested areas. An altitude of 500 feet above the surface,

except over open water or sparsely populated areas. In those cases, the aircraft
may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

❏ (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the

operation is conducted without hazard to persons or property on the surface-

❏ (1) A helicopter may be operated at less than the minimums prescribed in

paragraph (b) or (c) of this section, provided each person operating the

helicopter complies with any routes or altitudes specifically prescribed for

helicopters by the FAA; and

❏ (2) A powered parachute or weight-shift-control aircraft may be operated

at less than the minimums prescribed in paragraph (c) of this section.

❏ 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising

altitude by reference to an altimeter that is set "to the elevation of the departure airport

or an appropriate altimeter setting available before departure."

❏ 91.151 (a) prescribes that no person may begin a flight in an airplane under VFR

conditions unless (considering wind and forecast weather conditions) there is enough

fuel to fly to the first point of intended landing and, assuming normal cruising speed, (1)

during the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for

at least 45 minutes.

❏ 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it

has within it (1) an appropriate and current airworthiness certificate; and (2) an effective

U.S. registration certificate issued to its owner or, for operation within the United States,

the second copy of the Aircraft registration Application as provided for in § 47.31(c).

❏ 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless

the airworthiness certificate or a special flight authorization issued under § 91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

❏ 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that

aircraft inspected as prescribed in subpart E of the same part and shall, between required

inspections, except as provided in paragraph (c) of the same section, have discrepancies

repaired as prescribed in part 43 of the chapter.

❏ 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has

been approved for return to service by a person authorized under § 43.7 of the same

chapter.

❏ 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless,

within the preceding 12 calendar months, it has had an inspection for the issuance of an

airworthiness certificate in accordance with part 21 of this chapter.

❏ 91.417(a) and (b) prescribes, in pertinent part, that-

❏ (a) Each registered owner or operator shall keep the following records for the

periods specified in paragraph (b) of this section:

❏ (1) Records of the maintenance, preventive maintenance, and alteration

and records of the 1 00-hour, annual, progressive, and other required or

approved inspections, as appropriate, for each aircraft (including the
airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include-

❏ (i) A description (or reference to data acceptable to the

administrator) of the work performed; and

❏ (ii) The date of completion of the work performed; and

❏ (iii) The signature, and certificate number of the person approving

the aircraft for return to service.

❏ (2} Records containing the following information:

❏ (i) The total time in service of the airframe, each engine, each

propeller, and each rotor.

❏ (ii) The current status of life-limited parts of each airframe, engine,

propeller, rotor, and appliance.

❏ (iii} The time since last overhaul of all items installed on the

aircraft which are required to be overhauled on a specified time

basis.

❏ (iv) The current inspection status of the aircraft, including the time

since the last inspection required by the inspection program under

which the aircraft and its appliances are maintained.

❏ (v) The current status of applicable airworthiness directives (AD)

and safety directives including, for each, the method of compliance,

the AD or safety directive number and revision date. If the AD or

safety directive involves recurring action, the time and date when

the next action is required.

❏ (vi) Copies of the forms prescribed by§ 43.9(d) of this chapter for

each major alteration to the airframe and currently installed

❏ (vii) engines, rotors, propellers, and appliances.

❏ (b) The owner or operator shall retain the following records for the periods

prescribed:

❏ (1) The records specified in paragraph (a)(1) of this section shall be

retained until the work is repeated or superseded by other work or for 1

year after the work is performed.

❏ (2) The records specified in paragraph (a)(2) of this section shall be

retained and transferred with the aircraft at the time the aircraft is sold.

❏ (3) A list of defects furnished to a registered owner or operator under§

43.11 of this chapter shall be retained until the defects are repaired and

the aircraft is approved for return to service.

❏ Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an

airworthy condition.

Respectfully submitted,

Aerial Pix, LLC
Patrick J. Farrell

1321 Whisker Pole Lane

Mount Pleasant, SC 29466

843-388-3939

aerialpix2@gmail.com

November 5, 2015