DeHaven Petition Page 1

Ben DeHaven Century 21 Ocean 4333 N. Atlantic Ave Cocoa Beach, FL 32931 (Office) 321

-323

-1212 May 14th, 2015 U. S. Department ofTransportation Docket Management System 1200 New JerseyAve., SE Washington, DC 20590 Subject: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 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) PHANTOM Flying F low Chart V1.0 (Simplified Version), PHANTOM Quick Start Manual v1.7, PHANTOM Advanced Manual v.1.4 3) PHANTOM 2 Vision+ User Manual 4) Personal protocols and controls

- Safety/Flight concerns Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 C.F.R. Part 11, I, Ben DeHaven, a licensed Realtorfor 8 years, preparing this exemption request myself, would like to apply for an exemption from the following Code of Federal Regulations (C.F.R) to be allowed commercial operation of lightweight Unmanned Aircraft Systems (sUAS) for aerial imaging and video of Louisville Landmarks and homes I list for sale. I have experience in flying hobby quads for recreational purposes during the past year without incident. I have added a hobby grade DJI Phantom 2 quad

-copter (maximum gross weight 3 pounds, equipped with four rotors that are driven by electric motors powered by batteries, the UAS has a maximum airspeed of 30 knots) to my inventory equipped with a GoPro 3+ Black camera with intentfor aerial videography/cinematography to enhance academic community awareness and augment real estate listing videos; following an exemption and approval by the FAA. My exemption requestwould permit operation of ultra

-light weight, unmanned (piloted by remote control) in predetermined areas away from general public, airports, heliports and vehiculartraffic, under 300 ft. and after carefully reviewing, inspecting and examining the area ofaerial observation. This would allowfor community videos and within property boundaries for individual homeowner real estate listing videos/photos.DeHaven Petition Page 2

I will abide all FAA requirements to ensure this exemption will provide a level ofsafety at least equal to existing rules and will only operate in a safe environment that is strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; and I will conduct extensive preflight inspections and protocols, during which safety carries primary importance. **14 C.F.R.**  **Part 21,**  **Subpart H:**  **Ai rw** **orthiness Certificates**  **14 CFR**  **§ 91.203**  Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized, I am asking 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 under14CFRpart 11 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 ofthe aircraft because my UAS will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Additionally two

-inch lettering is difficult to place on such a small aircraftwith dimensions smallerthan the minimal lettering requirement. I understand the need for markings and will mark my UAS in the largest possible lettering by placing the word

“Experimental” or 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 him as a spotterwill see the markings. I also askfor 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 aircraftwith an airworthiness certificate. But, as a safety precaution I will perform a preflight inspection of my UAS before each flight as outlined in his operating documents. **14 CFR**  **61.113 (a)**  **& (b):**  **Private pilot**  **pr ivileges**  **and limitations:**  **Pilot in**  **command.** Under §61.113 (a) and(b) private pilots are limited to non-commercial operations, however I can achieve an equivalent level ofsafety as achieved by current regulations because my UAS does not carry any pilots or passengers. While helpful, a pilots’ license will not ensure remote control piloting skills. The risks ofoperating a UAS are far less than the risk levels inherent in the commercial activities outlined in 14 CFR part61,et seq., I requests an exemption from §61.113 Private Pilot Privileges and Limitations. A side note, I have already explored getting my pilot’s license, at the direction ofthe FAA, I would gladly begin education and eventual licensing. Regarding UAS operational training, as stated previously I have one year experience flying numerous practice flights in remote areas as a hobbyist simulating flights forDeHaven Petition Page 3

future commercial use to gain familiarization with the characteristics of his UAS’ performance under different temperature and weather conditions. I also own and practices on a computerized simulated flights software to maintain adequate skills and response reflex time. **14 C.F.R.**  **91.103 (b)(1),**  **(b)(2): Preflight**  **Ac tion**  Ifgranted an exemption I agree to additional safety procedures including, but not limited to: 1) Keeping my USAwithin a radius distance of 1000 feet from the controllerto both aid in direct line of sight visual observation. 2) Operate the UAS for 3

-7 minutes perflight; land my UAS according to the manufacturer’s recommended minimum level of battery power. 3) Operate my UAS onlywithin visual line of sight (VLOS). 4) Use the UAS’ global positioning system(GPS) flight safety feature; it hovers and then slowly lands if communication with the remote control. 5) Conduct all operations under my own personal and flight safety protocols (including posting a warning sign reading: “Attention Aerial Photography in Progress

–Remain Back 150 feet”). 6) I will operate and will actively analyze flight data and other sources of information to constantly update and enhance my safety protocols. 7) Contact respective airports ifoperations will be within 5 miles to advise them of his estimated flight time, flight duration, elevation offlight and other pertinent information. 8) Always obtain all necessary permissions priorto operation. 9) Have procedures in place to abort flights in the event of safety breaches or potential danger. Aerial videography forgeographical awareness of real estate marketing has been around for a long time through manned fixed winged aircraft and helicopters, but for small business owners, its expense has been cost

-prohibitive. Granting this exemption would allow me to provide this service at a much lower cost. Further, my small UAS, when used properly, will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. The operation of his UAS will minimize ecological damage and promote economic growth by providing information to companies looking to relocate or build in the Cocoa Beach area. One final comment, the use ofa UAS has already proven to increase the marketability of a home. For example please review the article published January 7, 2015 in the San Diego source entitled “drone use in real estate may increase”, (also added as an attachment). The article cites the FAA’s exemption given to Douglas Trudeau, but also describes a record high price for an area home that used a drone for aerial photography. “When broker KurtWannebo added an aerial video to the listing for a Carmel Valley house, located on a large corner lot overlooking canyons on two sides, he sawWeb traffic noticeably increase.” I understand this may be outside the scope ofthis request but as a real estate agent I think it’s important to point out that the use ofany tool that increases value to a home orDeHaven Petition Page4

community (by adding visibility to more potential buyers) is in the best interest of homeowners nationwide. Selling a home faster and for more money because ofthe use of new technology (being safely used and approved by the FAA) will go a long way to ensure our economy continues to grow.