Wesley W. Myers, Jr., Dania Beach, Fl. - Section 333 Exemption Petition 

February 10th, 2015 

Docket Operations, M-30 

U.S. Department of Transportation 

1200 New Jersey Ave., SE 

Room W12-140, West Building Ground Floor 

Washington, DC 20590-0001 

Re: 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); 91.405(a); 91.407(a)(1); 

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

Dear Sir or Madam: 

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I, Wesley W. Myers, Jr., aka Wes Myers am writing pursuant to the FAA Modernization and Reform Act 

of 2012 and 14 C.F.R. Part 11 to request an exemption ofthe above referenced FARs to allow operation 

of a small ultra lightweight unmanned aircraft system (sUAS) for commercial purposes in the National 

Airspace System (NAS) regulated by the FAA. 

The applicant, Wes Myers is a licensed Realtor® in the State of Florida as well as a Professional Real 

Estate Photographer. Additionally I hold a Commercial Pilot's License Airplane Single and Multiengine 

Land and Glider. I am a Certified Flight Instructor Airplane Single Engine and hold an Instrument Rating 

Airplane as well as several other FAA certifications. 

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

UAS for the main purpose of providing low altitude aerial photography/videography in the South 

Florida area to the general public, government and educational groups and individuals for Real Estate 

Listings, Real Estate and Land photography 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) ofthe Reform Act. Although not part of 

this request, as a Certified Flight Instructor I am willing to become one of the first CFI UAS should this 

ever become an FAA certification and in so doing help promote the safe assimilation of UAS's irito the 

NAS through pilot training. 

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 the same UAS make and 

model, and all of the FAA requirements set forth in Granted Exemption No.11138 will be 

complied with. 

Wesley W. Myers, Jr. Section 333 Exemption Petition (954)261-5568 WesMyers007@gmail.com 

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I. Contact Information: 

Wes Myers 

729 NW 1Oth Ave. 

Dania Beach, Fl. 33004 

WesMyers007@gmail.com 

954-261-5568 

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 

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 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 expense. Depriving non-luxury homeowners and lower budget Realtors from a valuable marketing 

tool. Manned aircraft pose a threat to the public through potential catastrophic accidents and by 

carrying combustible fuel UASs pose no such threat since size and lack of combustible fuel alleviates any 

potential threat to the public. 

Congress has already proclaimed that it is in the public's 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. 

WesleyW. Myers, Jr. Section 333 Exemption Petition (954)261-5568 WesMyers007@gmail.com 

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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 PHANTOM 2 which is the same aircraft previously approved by the FAA in the 

Granted Exemption No. 11138. The aircraft may also be called the VISION or VISION+. These variation 

designators only indicate the type of camera on board. They are all the same aircraft for flight purposes. 

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 a Phantom 2, Phantom 2 Vision or Phantom 2 Vision + 

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 aU 

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. 

WesleyW. Myers, Jr. Section 333 Exemption Petition (954)261-5568 WesMyers007@gmail.com 

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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 private pilot certificate and at 

least a current third-class medical certificate. The PIC must also meet the flight review requirements 

specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot 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 

WesleyW. Myers, Jr. Section 333 Exemption Petition (954)261-5568 WesMyers007@gmail.com 

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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}. 

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. 

Wesley W. Myers, Jr. Section 333 Exemption Petition (954)261-5568 WesMyers007@gmail.com 

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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. 

Wesley W. Myers, Jr. Section 333 Exemption Petition (954)261-5568 WesMyers007@gmail.com 

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

The applicant, Wesley W. Myers Jr. is a Commercial Pilot, Licensed Realtor® and Professional Real 

Estate Photographer. 

Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe 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 the same UAS make and 

model, and all of the FAA requirements setforth in Granted Exemption No.11138 will be 

complied with. 

-End of SummaryIn closing, I, Wesley W. Myers, Jr. 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). 

Wesley W. Myers, Jr. Section 333 Exemption Petition (954)261-5568 WesMyers007@gmail.com 

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