Luiz Leonetti – Asheville, NC – Section 333 Exemption Petition 1

Luiz Leonetti, Asheville, NC. - Section 333 Exemption Petition

September 19th, 2015

U.S. Department of Transportation

Federal Aviation Administration

800 independence Ave., S. W.

Washington D.C 20591

Re: Docket No. FAA - 2015 - 2418

Dear Brittany Newton:

Thank you for your letter dated September, 4th of 2015. The present petition has the intention to 

provide further explanations on the level of safety as well as arguments to support my request.

I, Luiz Leonetti am writing pursuant to the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11 to request an exemption of the above referenced FARs to allow the operation of a 

small ultra lightweight unmanned aircraft system (UAS) for commercial purposes in the National 

Airspace System (NAS) regulated by the FAA.

The applicant, Luiz Leonetti is a licensed Realtor® in the State of North Carolina as well as a 

Professional Real Estate Photographer and a UAS hobbyist since 2010.

As described more fully the granting of this exemption request would permit the operation of a 

small UAS for the primary purpose of providing low altitude aerial photography/videography in the 

North Carolina area to the general public, local government, educational institutions, non-profit 

organizations, and individuals desiring Real Estate and Land photography for Real Estate Listings 

and similar uses.

Additionally, granting this exemption request would fulfill the Secretary of Transportation's (FAA

Administrator's responsibilities to " ... establish requirements for the safe operation of such aircraft

systems in the National Airspace System" under Section 333(c) of the Reform Act. 

Similarities to Granted Exemption No. 11138 Douglas Trudeau, Realtor®:

This exemption request is virtually the same as the Granted Exemption No.11138 in that the 

proposed usage of the UAS is for the same Real Estate purpose, it is a similar UAS model, and 

all of the FAA requirements set forth in Granted Exemption No.11138 will be meticulously 

complied with.

I. Contact Information:

Luiz Leonetti

24 Nevada Ave.

Asheville, NC. 28806

luiz@luizleonetti.com

828 575-4428

II. Regulations from which exemption is requested:

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

14 C.F.R. 91.7(a)

14 C.F.R 91.121

14 C.F.R 91.151(a)

14 C.F.R 91.405(a)

14 C.F.R 91.407(a)(1)

14 C.F.R 91.409(a)(1)(2)

14 C.F.R 91.417(a)(b)

14 C.F.R 91.119(c)

Ill. Extent of Relief and Reason:

The extent of relief I am seeking is the same as in the Granted Exemption No. 11138 for the
Luiz Leonetti – Asheville, NC – Section 333 Exemption Petition 2

general purpose of Real Estate and similar aerial photography/videography. I am asking that the 

FAA grant the amount of relief from each regulation as is deemed appropriate for the safe 

operation of the small UAS and its inclusion into the NAS.

The reason for the exemption request is because it is currently unlawful to fly UAS's in the NAS

for commercial purposes thereby denying the general public the advantages associated with their 

use.

IV. Benefit to the Public as a Whole:

Aerial photography/ videography for real estate marketing and similar purposes has been around 

for a long time through manned fixed wing aircraft and helicopters. For small budget real estate

companies and average homeowners the expense of such aerial photography/videography is 

cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to 

absorb such an expense thereby depriving non-luxury homeowners and lower budget Realtors of

a valuable marketing tool. Manned aircraft pose a threat to the public through potential 

catastrophic accidents and by carrying combustible fuel. UAS’s pose no such threat since their 

size and lack of combustible fuel alleviates any potential threat to the public.

Congress has already proclaimed that it is in the public's best interest to integrate commercially 

flown UAS's into the national airspace system, hence the passing of the Reform Act. The 

lightweight UAS is battery powered and creates no emissions that can harm the environment. 

The consequences of an ultra light weight UAS crashing is far less than a full size helicopter or 

fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic 

devastation to the public.

V. This Exemption would increase safety due to the fact that all Flight Safety and Operational 

requirements as set forth in the Granted Exemption No. 11138 will be complied with.

The UAS to be flown is the IRIS+, which is a similar aircraft to the UAS in the previously approved 

Exemption No. 11138. 

As set forth by the FAA in the Granted Exemption No. 11138 the following Conditions and 

Limitations will be complied with:

1) Operations will be conducted using only an IRIS+ unmanned aircraft.

2) The UA may not be flown at an indicated airspeed exceeding 30 knots.

3) The UA must be operated at an altitude of no more than 300 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents. All altitudes reported to ATC 

must be in feet AGL.

4) The UA must be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all 

times. This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC's FAA-issued airman medical certificate.

5) All operations must utilize a visual observer (VO). The UA must be operated within the visual 

line of sight (VLOS) of the VO at all times. The VO may be used to satisfy the VLOS requirement 

as long as the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times. The PIC must be designated before the flight and cannot 

transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can 

perform the functions prescribed in the operating documents.

6) The operating documents and the grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists between 

the conditions and limitations in the exemption and the procedures outlined in the operating

documents, the conditions and limitations herein take precedence and must be followed.

Otherwise, the operator must follow the procedures as outlined in its operating documents. The

operator may update or revise its operating documents. It is the operator's responsibility to track

such revisions and present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if he petitions for extension or

amendment to the grant of exemption. If the operator determines that any update or revision

would affect the basis upon which the FAA granted the exemption, then the operator must petition

for amendment to its grant of exemption.
Luiz Leonetti – Asheville, NC – Section 333 Exemption Petition 3

7) Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If 

the inspection reveals a condition that affects the safe operation of the UAS, the UAS is 

prohibited from operating until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly documented in the aircraft 

records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

replacement of a flight critical component, must undergo a functional test flight. The PIC who

conducts the functional test flight must make an entry in the aircraft records.

9) The pre-flight inspection section in the operating documents must account for all discrepancies,

i.e. inoperable components, items, or equipment, not already covered in the relevant sections of

the operating documents.

10) The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements.

11) The operator must carry out its maintenance, inspections, and record keeping requirements, 

in accordance with the operating documents. Maintenance, inspection, and alterations must be 

noted in the aircraft records, including total flight hours, description of work accomplished, and the

signature of the authorized person returning the UAS to service.

12) Each UAS operated under the exemption must comply with all manufacturer Safety Bulletins.

13) The authorized person must make an entry in the aircraft record of the corrective action taken

against discrepancies discovered between inspections.

14) UAS operations must be conducted by a PIC possessing at least a current third-class medical 

certificate. 

15) Prior to operations conducted for the purpose of aerial photography/videography and

augmenting real estate listing videos (or similar operations), the PIC must have accumulated and

logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a 

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior

documented flight experience that was obtained in compliance with applicable regulations may

satisfy this requirement. Training, proficiency, and experience-building flights can also be 

conducted under the grant of exemption to accomplish the required flight time. However, said 

training operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 CFR 91.119.

16) Prior to operations conducted for the purpose of aerial photography/videography and

augmenting real estate listing videos (or similar operations), the PIC must have accumulated and

logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot 

operating the make and model of the UAS to be used in operations under the exemption; 5 hours 

make and model time may be included in the 10 hours of multi-rotor time prescribed above. The 

PIC must accomplish 3 take-offs and landings in the preceding 90 days (for currency purposes). 

Training, proficiency, experience-building, and take-off and landing currency flights can be 

conducted under this grant of exemption to accomplish the required flight time and 90 day 

currency. However, said training operations may only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights the PIC is required to 

operate the UA with appropriate distances in accordance with 14 CFR 91.119.

17) The operator may not permit the PIC to operate the UAS for the purpose of aerial

photography/videography and augmenting real estate listing videos (or similar operations), unless

the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to

safely operate the UAS in a manner consistent with how the UAS will be operated under this

exemption, including evasive and emergency maneuvers and maintaining appropriate distances

from people, vessels, vehicles and structures.

18) UAS operations may not be conducted during night, as defined in 14 CFR 1.1. All operations 

must be conducted under visual meteorological conditions (VMC}.
Luiz Leonetti – Asheville, NC – Section 333 Exemption Petition 4

19) The UA may not operate within 5 nautical miles of an airport reference point as denoted on a

current FAA-published aeronautical chart.

20) 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.

21) If the UA loses communications or loses its GPS signal, it must return to a pre-determined

location within the planned operating area and land or be recovered in accordance with the

operating documents.

22) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the operating documents.

23) The PIC is prohibited from beginning a flight unless (considering wind and forecast weather

conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 30% battery power remaining.

24) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under this grant of exemption. This COA 

will also require the operator to request a Notice to Airman (NOT AM) not more than 72 hours in

advance, but not less than 48 hours prior to the operation.

25) AII aircraft operated in accordance with this exemption must be identified by serial number,

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

26) Before conducting operations, the radio frequency spectrum used for operation and control of

the UA must comply with the Federal Communications Commission (FCC) or other appropriate

government oversight agency requirements.

27) The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the

Ground Control Station of the UAS any time the UAS is operating. These documents must be 

made available to the Administrator or any law enforcement official upon request.

28) The UA must remain clear and yield the right of way to all manned aviation operations and

activities at all times.

29) The UAS may not be operated by the PIC from any moving device or vehicle.

30) The UA may not be operated over congested or densely populated areas.

31) Flight operations must be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently 

protect nonparticipating persons from the UA and/or debris in the event of an accident. The 

operator must ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 feet of the UA, 

flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles 

or structures where the owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and; c. Operations nearer to 

the PIC, VO, operator trainees or essential persons do not present an undue hazard to those 

persons per§ 91.119(a).

32) AII operations shall be conducted over private or controlled-access property with permission

from the land owner/controller or authorized representative. Permission from land

owner/controller or authorized representative will be obtained for each flight to be conducted.

33) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA must be reported to the FAA's UAS

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov. Unless otherwise specified in the grant of exemption the UAS, the UAS PIC, and 

the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts45, 47, 61, and 91.
Luiz Leonetti – Asheville, NC – Section 333 Exemption Petition 5

VI. A Summary the FAA May Publish in the Federal Register:

The applicant, Luiz Leonetti is a Licensed Realtor® and Professional Real Estate Photographer.

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.121; 91.151(a); 91.40S(a); 91.407(a)(1); 

91.409(a)(1)(2); 91.417(a)(b); 91.119(c).

Similarities to Granted Exemption No. 11138 Douglas Trudeau, Realtor®:

This exemption request is virtually the same as the Granted Exemption No.11138 in that the

proposed usage of the UAS is for the same Real Estate purpose, it is similar UAS model, and all 

of the FAA requirements set forth in Granted Exemption No.11138 will be complied with.

-End of SummaryIn closing, I, Luiz Leonetti respectfully request that I be granted an exemption as set forth above

for the purpose of aerial photography/videography and augmenting real estate listing videos (or 

similar operations).