To: U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Rm. W12-140 1200 NewJerseyAve, SE Washington, DC 20590



### Fr: Ronald C. Reisner PO BOX4475 Saratoga Springs, NY 12866 Date: March 31, 2015


### Regarding: FAA Exemption Rulemaking Section 333 ofthe FAA Reform Act and Part 11- 14 C.F.R. 

### § 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a) 

### & (b); 91.7(a); 91.9{b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a) 

### & (b) 91.405(a); 91.407(a) (1 ); 91.409(a) (2); 91.417(a) 

### & (b)

Dear Siror Madam: I, Ronald C. Reisner, am an AMA (Academy of ModelAeronautics) member, and accomplished UAS hobbyist. I am requesting exemption from the Federal Aviation Regulations ("FARs") listed below and pursuantto the FAA Modernization and Reform Actof2012 and the procedures contained within 14 C.F.R. 11. so I may commercially operate a small ultra-light unmanned aircraft system ("UAS"), specificallythe Phantom 3 Professional, quadcopter. Unmanned Aircraft (UAS) orequivalent and ground station-based equipment and crewforthe purpose ofphotography/videography ofcommercial and residential properties and special events with priorapproval.

I am establishing a photography/videography company called Alt-Pix, Inc., (name subjectto change) and wish to add residential and commercial aerial photography and videography services to my portfolio. Specifically, Iwish to provide aerial imaging to Homeowners, Real-EstateAgents and Commercial entities in need ofaerial photography/videography. A primary goal ofAltPix Inc. is the development ofa hand-held App. (application) specifically designed for golfers and golfcourses employing a hybrid ofGPS and videographyfor spatial acuity. Further, with the advancement of Internettechnology and with consumer consumption ofonline, video based advertisement, the demand for high-resolution aerial graphics and video is unprecedented. I understand the seriousness, necessity and importance ofpre-flight and in-flight safety measures to ensure public safety. As a pilot ofan UAS, all UAS pertinent safety and risk management measures as specified in the FAA's Risk Management Handbook shall be complied with. To that end, my UAS ofchoice, DJI's Phantom 3 Professional, incorporates what are arguably some ofthe mostadvanced flight and navigation systems related to safety and regulatory initiatives to date. Nofly zones, for instance,

are constantly being added and upgraded via mandatoryfirmware upgrades, as required. Each flight is recorded and saved autonomously.Further, the Phantom 3 utilizes GPS and GLONASS satellites, combined, giving an acquisition average of 18 satellites perflight.

A grant ofmyexemption request, bythe FAA, would permitoperation of ultra lightweight and unmanned UAS to operate in predetermined areas awayfrom the general public, airports, heliports and vehiculartraffic, primarily over privately owned properties/communities forthe purpose of recording real-estate listings and events (photo/video). All flights shall be logged and recorded to includethe date and time offlight,

name ofpilot (PIC) and Visual Observer (VO), address or location offlight, duration of flight, weather conditions and "flight map" to include maximum altitude and distance along with signatures ofthe PIC and VO. 

### A copy ofthe images shall also be retained for

a minimum of 12 months from the date offlight. In summary and in accordancewith this request ofexemption request as authorized and outlined by the FAA under Section 333(c) ofthe Reform Act specified for use of UAS' for both private and commercial "Real Estate" purposes, I Ronald C. Reisnerwill adhere to all FAA regulations atall times and shall conduct all flight operations in strict compliance and safety protocols as mandated and required by regulations and best practices. Respectfully, I requestthe grantofexemption to operate ultra-lightweight, remote controlled UAS'sfor commercial purposes as described in this request and as allowable by law. This grant ofexemption will allow me to offersuch services to private entities, realtors and individual property owners who have littleto no experience piloting UAS's but have a need to markettheir property in orderto compete within an everdemanding technology driven real estate market. I submitthatthis application has been prepared by me and not an attorney using personal knowledge ofexisting FARs as well as utilizing excerptsfrom othersimilar applications. Consequently, if I have unintentionally omitted any relative FARs, I humbly request an opportunityto submitto those accidental omissions. The essence ofthis application is to declarethat I, Ronald C. Reisner, meet and exceed the FAA's expected competency for piloting my UAS forcommercial purposes and that my UAS meets and exceeds the safety requirements as setforth by the Secretary ofTransportation thereby prompting rny requestfor COA under Section 333.



### I. Contact Information: Ronald C. Reisner PO BOX4475 Saratoga Springs NY 12866 (914) 2137610 Ron.reisner@gmail.com



### II. The Specific section(s) of 14C.F.R. Iseek an exemption from are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113**(a)'&(b~-** ->>-· 14 C.F.R. 91, etseq.;14 CFR 407 (a) (1); 14 CFR409 (a) (2); and, 14 CFR 417 (a) & (b).



### Ill. The extentand reason ofrelief Iseek: I, Ronald C. Reisner, am seeking relieffrom existing FARs that currently prohibit my use of UASs from operating commerciallyforthe purpose ofaerial photography/videography in accordance with the FAA Modernization and Reform Act of2012 112 P.L. 95 

### § 331-334. The Reform Act Subtitle 8: Unmanned Aircraft Systems- (Sec. 332) "Requires the Secretary to develop a plan to accelerate safelythe integration by September 30, 2015, ofcivil unmanned aircraft systems (UAS's, or drones) intothe national airspace system." Accordingly, I attestthat my personal qualifications as well as my ultra-lightweight UAS meets the definition ofsuch approved drones (UAS) as defined in Section 331 and allows for exemption status consideration. Further, I humbly request that I be allowed to commercially operate my UAS during the time period the FAA is further establishing rules and regulations governing the operations ofsuch craft. The Secretary ofTransportation has been asked by Congress to, among other things, considerwhether certain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making thisdetermination, the Secretary is required to determine which types of UASs do not create a hazard to users ofthe National Airspace System orthe public or pose a threatto national security in light ofthe following:

oThe UAS's size, weight, speed, and operational capability;

oOperation ofthe UAS in close proximityto airports and populated areas; and

oOperation ofthe UAS within visual line ofsight (VLOS) ofthe Pilot and 

## vo Accordingly, all flights will be conducted by a PIC and a VO in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UASs" and with the following restrictions:

a. All aircraftwill be madewith a UAGross weight of lessthan 55 pounds (my exemption request is for an aircraft less than 5 lbs.) b. All flights will occur only during daylight hours.

c. Any deviation from c will have clear purpose and a detailed flight plan. d. All flights will occur at or below200 feet AGL

e. 5 nautical miles from an airport having an operational control tower; or f. 3 NM from an airportwith a published instrumentflight procedure, but not an operational tower; or g. 2 NM from an airport without a published instrumentflight procedure or
an operation tower; or h. 2 NM from a heliportwith a published instrumentflight procedure. i. For safety, no flightwith winds over 10 mph. j. Flight only in GPS mode that allows UAS to hover in place when radio controls are released. All operations to be conducted in GPS mode only.

### IV. How my request will benefitthe public as a whole: Aerial photography is a critical component ofmarketing commercially available property. With today's high-tech Internet market and everdemanding consumer, it is more importantthan everfor realtors and home sellers to have their listing appear
nearorat the top of Internet searches. The Multiple List Service (MLS) typically lists home searches in hierarchy based on number of"images" or "videos". To grab the attention ofthe buyer, it is importantforthem to see the entire property and the

area around it. All ofthese elements combine to have a tremendous impact on the outcome ofa commercial real estate transaction. It is much too dangerous and expensive to hire a manned aircraftto take these aerial images thereby making the UAS option more cost effective and safer. There simply is not enough UAS Pilots to coverthe demand for these images, which is leading to unlicensed UAS operatorswhich ultimately results in untrained and unqualified operators. Further, an exemption would allowAlt-Pix Inc. to use the recorded media towards its venture with regards to a hand held specific application.

V. Reasons whythe exemption would notadversely affect safety; or how the exemption would provide a level for safety at leastequal to the existing rule: An exemption would not adversely affect safety because this application applies only to aircraft characteristics and applications within FAA specified limitations. These limitations provide for at least an equivalent safety standard. In addition, by providing unmanned services to the market place, there will be less ofa demand for manned operations, which will provide for safer and quieter residential aerial photography. As previously stated, all flights will be conducted by a PIC and aVO in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UASs" and with thefollowing restrictions:

a. All aircraft will be made with a UA Gross weight of less than 55 pounds (my exemption request is for an aircraft lessthan 5 lbs.) b. All flights will occur only during daylight hours.

c. All flights will occur at or below 200 feet AGL d. 5 nautical miles from an airport having an operational control tower; or
e. 3 NM from an airportwith a published instrumentflight procedure, but not an operational tower; or f. 2 NM from an airportwithout a published instrumentflight procedure or
an operation tower; or g. 2 NM from a heliportwith a published instrumentflight procedure. h. Maximum total flight time for each operational flight will be 23 minutes. Flights will be terminated at 20% battery power reserve should that occur priorto the 23 minute limit. i. Extensive, pre-flight briefings are required between the PIC and the VO. 

### j. A flight plan is required priorto each flight. k. All aircraft operations must be conducted within manufacturer recommended specifications. I. All site permissions must be obtained priorto flight.

### VI. A summarythe FAA may publish in the Federal Register:

a. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR §91.203(a)(1). The size, weight and enclosed operational

area ofmy UAS permit exemption from Part 21 because my UAS meets (and exceeds) an equivalent level ofsafety pursuantto Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 

### (f)) and Section 333 ofthe Reform Act. Both pieces oflegislation permitthe FAAto exempt UAS'sfrom the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. My current and projected UAS's meet orexceed each ofthe elements. 14 C.F.R. 91.7(a) prohibits the operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated bythe FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraftflight manual in the aircraft. Asthere are no on board pilots or passengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafetywill be achieved by maintaining such manuals on location with the Pilot. The FAA has previously issued exemptions tothis regulation in Exemption Nos.8607,8737,8738,9299,9299A,9565,9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric

sensor. 14 C.F.R. § 91.203 (a) and (b) providesforthe carrying ofcivil aircraft certifications and registrations. They are inapplicableforthe same reasons described above. The equivalent level ofsafety will be achieved by maintaining any such required certifications and registrations with the Pilot. b. 14 C.F.R. § 45.23: Marking ofThe Aircraft. Applicable Codes of Federal Regulation require aircraftto be marked according to certain specifications. My UAS are, bydefinition, unmanned. Theytherefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficultto place on such small aircraftwith dimensions smallerthat minimal lettering requirement. Regardless, Iwill mark its UASs in the largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. §45.29 

### (f) so that Ithe pilot, oranyone assisting me
as a spotterwith the UAVwill see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167Aand 10700.

c. C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.Pursuantto 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. I, Ronald C. Reisner, can achieve an equivalent level ofsafety as achieved by current Regulations because my UAS does not carry any pilots or passengers. The risks attended to the operation ofmy UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, etseq. Thus, allowing

me to operate my UAS and meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). d. D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudesforthe operation ofcivil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greaterthan 200ft AGL; safely belowthe standard of400ftAGL. Iwill also operate my UAS in safe areas awayfrom public and traffic, providing a level ofsafety at least equivalentto or below those in relation to minimum safe attitudes. Given the size, weight, maneuverability and speed ofmy UAS, an equivalent or higher level ofsafety will be achieved.

e. 

### E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above-cited Regulations require, amongst otherthings, aircraft owners and operators to "have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, exceptas provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.

.. " These Regulations only applyto aircraftwith an airworthiness certificate. Theywill not, therefore, applyto my UAS. However, as a safety precaution I inspect my UAS before and aftereach flight. A Summarythe FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a)(1). The size, weight and enclosed operational area ofmy UAS permit exemption from Part 21 because my UAS meets an equivalent level ofsafety pursuantto Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both theAct (49 U.S.C. § 44701 (f)) and Section 333 ofthe Reform Act. Both pieces of legislation permitthe FAA to exempt UAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets orexceeds each ofthe elements. 14 C.F.R. 91.7(a) prohibits the operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in theform contemplated bythe FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraftflight manual in the aircraft. Asthere are no pilots or passengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737,8738, 9299, 9299A, 9565, 95658, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level ofsafety will be achieved.

In Summary: I, Ronald C. Reisner, respectfully request thatthe FAA grant my exemption request and further volunteer any information gathered during flights in the eventthe FAA is interested in live field data. Ido agree and attestto adhere to anyfurther limitations the FAA imposes, now or in the future. Satisfaction ofthe current criteria provided in Section 333 ofthe Reform Act of2012- size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line of sight and national security- provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofmy UAS for commercial purposes. I lookforward to supportthe FAA and UAS community in its questto establish proper regulations and protocolsforthe safe introduction ofunmanned aircraft into the national airspace.

Sincerely, Ronald C. Reisner 

### PO BOX4475 Saratoga Springs, NY 12866

1Appendix A- Linkto DJI Phantom 3 Professional User Manual: http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professionai_User_Manual_v1.2_en.pdf