David Brenton Petition for FAA Exemption Page 1 of 4

David Brenton

DAVID BRENTON’S TEAM

4741 E Stop 11 Road

Indianapolis, IN 46237

(Office) 317-882-7210

(Fax) 317-888-7201

October 16, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Avenue

SE Washington, DC 20590

Subject: Exemption Request Section 333 of the FAAReform Act and Part 11 of the 

Federal Aviation Regulations for 14 C.F.R. Part 21, 45.27(a), 45.29 (3) (c)(d)(e)(f)(g)(h), 

61.113 (a) & (b), 91.103, 91.119, 91.121, 91.203, 91.151

Following the format of FAA Exemption No. 11138 –Regulatory Docket No. FAA –

2014 – 0481 I have included:

1. Supplemental Response for Petition

2. Inspire 1 User Manual

3. Inspire 1 Maintenance Manual

4. Inspire 1 Quick Start Guide

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11, I, David Brenton, a licensed Realtor since 1992, preparing this exemption 

request myself, would like to apply for an exemption from the following Code of Federal 

Regulations (C.F.R.) for myself and/or properly trained personnel representing my 

brokerage to be allowed commercial operation of lightweight Unmanned Aircraft 

Systems (UAS) for aerial imaging and video of central Indiana landmarks and homes that 

are marketed to sell.

I have experience in flying drones for recreational purposes during the past 2 years 

without incident. I have now acquired a DJI Inspire 1 quad-copter (maximum gross 

weight 6.5 pounds, equipped with four rotors that are driven by electric motors powered 

by batteries, with a maximum airspeed of 43 knots) to my inventory that is equipped with 

a built-in camera. With an exemption and approval from the FAA, my intention is to

capture aerial photography and videography for the purposes of enhancing real estate 

listing marketing and to create a resource for those who can not physically visit the 

property or central Indiana and wish to learn more about the area.

My exemption request would permit operation of a lightweight, unmanned aircraft 

controlled by remote in predetermined areas away from the general public, airports, 

heliports and vehicular traffic, at an altitude of less than 200 feet and only after carefully 

researching and examining the area of intended flight. This would allow for community
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videos and photos within property boundaries for individual homeowners real estate 

listings.

If granted exemption, I (or a properly trained representative from my brokerage) will 

adhere to all FAA requirements to ensure that this exemption will provide a level of 

safety equal or greater than the existing rules and will only operate in a safe, strictly

controlled environment away from power lines, elevated lights, airports, heliports and 

areas of dense population. Additionally, all necessary preflight inspections and protocols 

will be followed accordingly. Furthermore, once airborne the UAS will remain within 

line of sight of the operator at all times until safely grounded.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

Given the size, weight, maximum speed, and limited operating area associated with the 

aircraft to be utilized, I am requesting exemption from 14CFRpart21, Subpart H 

(Airworthiness Certificates) and §91.203 (a) and (b) (Certifications required), subject to 

certain conditions and limitations, is warranted and meets the requirements for an 

equivalent level of safety under 14CFRpart11 and Section 333 of P.L. 112-95 (Section 

333).

14 C.F.R. 45.27(a): Location of marks; non fixed-wing aircraft. 14 C.F.R. 45.29 (3) 

(c)(d)(e)(f)(h): Size of Marks

Furthermore I request an exemption from §45.23 Marking of the aircraft because my 

UAS will not have a cabin, cockpit or pilot station on which to mark certain words or 

phrases. Additionally, the lettering would be nearly impossible to place on an aircraft 

with dimensions smaller than the minimum lettering requirement. Understanding the 

need for markings, I am willing to mark my UAS in the largest possible lettering by

placing an assigned number or name, based on a request or ruling by the FAA, on its 

fuselage as required by §45.29(f) so that anyone assisting the operator as a spotter can 

identify the craft by these markings.

I also ask for an exemption from §§91.405(a),91.407(a)(1), 91.409(a)(2) and 91.417(a) 

and(b) Maintenance inspections may be required and should be granted since they only 

apply to aircraft with an airworthiness certificate. As a standard safety protocol, the 

operator will perform a preflight inspection of the UAS before each flight as outlined in 

the operating documents.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command.

Under §61.113 (a) and (b) private pilots are limited to non-commercial operations. 

However, as the UAS would carry neither passengers nor pilots I feel strongly that we 

would be able to reach an equivalent level of safety as is achieved by current regulations. 
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While useful in providing a more expansive knowledge of flight, a pilots’ license will not 

necessarily enhance the skills need to operate a quad copter remotely. As the risks of 

operating a UAS are far less than those inherent in the commercial activities outlined in 

14 CFR part61,et seq., I request an exemption from §61.113 Private Pilot Privileges and 

Limitations.

Concerning operational training of the UAS, as stated above I have a preexisting 

knowledge gained from operating various unmanned, recreational quad copters in 

locations, weather conditions and flight patterns similar to those that would be utilized for 

our real estate needs. Any representatives from my brokerage who would be authorized 

as operators of a UAS would only be given such authorization after proving their ability

to safely perform all duties involved with operation. An operator would be required to 

prove capable of performing any and all necessary inspections in addition to following all 

safe flight protocols as described in the user manuals.

14 C.F.R. 91.103 (b)(1), (b)(2): Preflight Action 

If granted an exemption we agree to additional safety procedures including, but not 

limited to:

1) Maintaining a 1000 foot radius between the operator and the UAS at all times 

while airborne to aid in direct line-of-sight visual observation.

2) Limiting operation of the UAS to 5-8 minutes per flight and landing the UAS 

according to the manufacturer’s recommended minimum level of battery power.

3) Operating the UAS only within visual line of sight (VLOS).

4) Using the UAS’ global positioning system (GPS) flight safety feature allowing 

the UAS to hover and slowly land if communication is lost between the remote 

control and the UAS. 

5) Conducting all operations under a set of pre-determined flight safety protocols, 

including posting a warning sign notifying civilians that aerial photography is in 

progress and advising to only observe from a safe distance.

6) Actively analyzing flight data and other sources of information to constantly

update and enhance our safety protocols.

7) Contacting respective airports if operations will be within 5 miles to advise them 

of estimated flight time, duration, elevation and any other relevant information.

8) Always obtaining all necessary permissions prior to operation.

9) Having procedures in place to abort flights in the event of safety breaches or 

potential danger.

While the real estate market has been no stranger to utilizing aerial photography in the 

past, brokers have been limited to hiring piloted fixed-wing aircraft and helicopters which 

is typically an expense of both time and finances that most small business owners can 

simply not afford. With this exemption, my office would be able to provide this service to 

a larger client base at minimal cost as compared to previous methods. The properly 

trained usage of a small UAS would pose no public threat in comparison to a manned 
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aircraft which would be significantly larger and contain combustible fuel. Furthermore, 

the use of an electric-powered UAS instead of more traditional methods could aid in the 

limitation of ecological strain by reducing carbon emissions.

Lastly, I strongly believe this type of aerial photography could assist in stimulating 

economic growth in my community by providing a greater means for companies and 

individuals intending to relocate to learn more about Central Indiana from afar. By

encouraging new businesses and individuals to locate to our area, the general public 

would reap the socioeconomic benefits afforded by an expanding and evolving business 

sector. When marketing real estate, first impressions are paramount and with 90% of 

homebuyers searching online before purchasing, the ability to provide extensive digital 

marketing is essential in today’s marketplace. With this exemption, we hope to become a 

public resource for any individuals or businesses that consider relocating to Central 

Indiana by providing a library of digital media that showcases our local area.