July 17, 2015

Federal Aviation Administration (FAA)

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

West Building, Ground Floor, Room W12-140

Washington, DC 20590

RE: EXEMPTION REQUEST SECTION 333 OF THE FAA REFORM ACT

Dear Sir or Ma’am:

This petition is being submitted on our behalf without legal counsel or counseling services. Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11,

Helena Real Estate Solutions, INC (HRES, INC), a full service independent real estate business, hereby 

applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of 

our Small Unmanned Aircraft Systems (sUAS) commercially in airspace regulated by the FAA so long as 

such operations are conducted with and under the conditions outlined herein or as may be established 

by the FAA as required by Section 333.

The requested exemption would permit HRES, INC to pursue its commercial interests in providing aerial 

data capture to clients using a small advanced sUAV in the following areas:

- Real Estate

- Marketing

- Mapping

- Surveying

- Special Events

- Agriculture

- Inspection

- General Photography

Regulations from which exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (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
I, Tobie L. McDonnell, am a licensed Real Estate Broker/Supervisor. I have been flying sUAV’s for over a 

year. My most recent experience is with a DJI Phantom 3 Professional. I have been flying as a hobbyist 

and now ready to bring my skills to a professional level. In doing so, I consider all safety precautions and 

regulations as foremost with each flight. 

My request to operate commercially is primarily to record digital video data and other aerial 

photography data for privately owned fee simple real estate which will assist in the promotion and 

marketing of their real estate for ultimate disposition and sale. Montana is a sparse and remote 

mountainous environment with spread-out parcels of residential, ranch, and farming communities. 

These properties cannot easily be accessed by foot and providing an aerial view of all boundaries and 

topography of the land would prove to be highly desired and essential when negotiating buying/selling 

transactions on properties often exceeding millions of dollars. Arial cinematography in the housing 

market has been around for a long time through manned fixed wing aircraft and helicopters. For a small 

budget real estate company and average homeowners the expense of such aerial videography is cost 

prohibitive. Only large companies and high end Realtors or luxury homeowners can afford such expense. 

Depriving non-luxury homeowners and lower budget Realtors from a valuable marketing tool. Also, 

using my sUAV service avoids the high risks in a helicopter and/or fixed wing aircraft with fuel and 

persons on board. The reduced noise and size creates a much smaller environmental impact which 

promotes public and environmental safety. 

I, Tobie L. McDonnell, will act as HRES, INC Pilot in Charge (PIC). My Observer will be a retired United 

States Navy Weather Forecaster. The Observer is intimately familiar with FAA flight rules and regulations 

as he has briefed thousands of pilots over the course of 20 years in safest flight paths (altitude and 

routes), communication protocol with Air Traffic Control, emergency flight procedure’s, and of course 

weather along a given route which met the minimum established FAA regulations for safety to flight. He 

also launched hundreds of weather balloons in restricted and unrestricted air space working closely with 

air traffic control with timing of release, ascension time, flight path (trajectory) of the balloon, and 

safety protocol for possible early termination of flight potentially resulting in descent over populated 

areas. The observer will eventually progress to PIC after 20 hours of simulated flight time with the DJI 

Phantom 3 Professional, 20 hours of actual flight time while supervised in a controlled environment and 

5 hours of supervised flight time in the field. 

To make sure the operation will be safely conducted, the PIC and observer will survey the flight area for 

any mobile phone base stations, radio transmission towers, power lines, or any other electromagnetic 

interference that could disrupt flight. The PIC and observer will scan the area for any large buildings or 

trees that may affect with GPS accuracy or flight. Both PIC and Observer will verify the weather is safe 

for flight to avoid wind speed exceeding 10 m/s, snowfall, rainfall, and restricted environmental 

visibility. Additionally, the PIC and Observer will go through the PREFILGHT CHECKLIST/maintenance and 

FLIGHT TEST PROCEEDURES in a secure area safe from persons and property. 

The DJI Phantom 3 Professional is equipped with a built-in stabilized HD camera and GPS safety features. 

These safety features include the ability to restrict the maximum altitude they operate above ground 

level (AGL), to limit the radial distance from the operator and to exclude them from operations within 

designated Class B, C and D airspace including “no-fly zones”. This model has a failsafe function that is 

automatically engaged in the event communication is lost between the sUAS and the main controller 

transmitter. At that time, the sUAS will return to its point of takeoff and land safely. If the connection is 

restored, the PIC can regain control of flight and land manually. 
These specifications meet or exceed the Model Aircraft Operating Standards as set below:

- The petitioner will only operate its sUAS in line-of-sight of a PIC and/or Observer and will 

operate at sites that are “sufficient distance” from populated areas within the sterile area 

described in the FOPM. Such operations will ensure the sUAS will “not create a hazard to 

users of the national airspace system or the public.”

- When flying the sUAS within three (3) miles of an airport, airport operators will be notified 

and the operator will give the right-of-way to avoid flying in the proximity of full-scale 

aircraft. 

- Maximum flight time for each operation will be 30 minutes.

- Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight 

time to safely land the sUAS. 

- The sUAS will be pre-programmed so it will not be operated at an altitude that will exceed 

200 feet AGL, and not more than 100 feet above an elevated platform from which 

videography is planned. 

- Minimum crew for each operation shall consist of: sUAS PIC and a visual Observer.

- The sUAS operated by the Petitioner weighs less than 25 pounds, including all payload. 

- The sUAS will operate at speeds not to exceed 50 knots, can hover and can simultaneously 

move vertically and horizontally. 

- Given the small size of the sUAS and the restricted sterile environment within which it will 

operate, Helena Real Estate solutions, INC operations adhere to the reform Act’s safety 

requirements. 

We respectfully request exemption under Section 333 to enable Helena Real Estate Solutions, INC 

(HRES, INC) to operate efficient, limited, low-risk commercial sUAS operations for the activities stated 

respecting at all times the space and privacy of citizens and property while keeping airspace safe. 

Respectfully,

//s//

Tobie L. McDonnell

Helena Real Estate Solutions, INC

1169 East Riggs St.

East Helena, Montana

59635