Wesley W. Myers, Jr., Dania Beach, Fl. - Section 333 Exemption Petition February 10th, 2015 Docket Operations, M-30 U.S. Department ofTransportation 1200 NewJerseyAve., SE Room W12-140, West Building Ground Floor Washington, DC 20590-0001

Re: 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); 91.405(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 tothe FAA Modernization and Reform Act of2012 and 14C.F.R. Part 11 to request an exemption ofthe above referenced FARs to allow operation ofa small ultra lightweight unmanned aircraftsystem (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. Iam aCertified Flight InstructorAirplane Single Engine and hold an Instrument Rating Airplane as well as several other FAA certifications. As described more fullythe granting ofthis exemption request would permitthe operation ofa small UAS forthe main purpose ofproviding lowaltitude aerial photography/videography in the South Florida area to the general public, government and educational groups and individualsfor Real Estate Listings, Real Estate and Land photography and similar uses. Additionally, grantingthis exemption request would fulfill the Secretary ofTransportation's (FAA Administrator's responsibilities to "

...establish requirements forthe safe operation ofsuch 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 Iam willing to become one ofthe 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 pilottraining. 

### 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 ofthe UAS is forthe same Real Estate purpose, it is the same UAS make and model, and all ofthe FAA requirements set forth in Granted Exemption No.11138 will be complied with.



### WesleyW. Myers,

## Jr. Section 333 Exemption Petition (954)261-5568 WesMyers007@gmail.com Page 1

### 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: 14C.F.R. 61.113(a)&(b) 14C.F.R. 91.7(a) 14 C.F.R 91.121 14C.F.R 91.151(a) 14 C.F.R 91.405(a) 14C.F.R 91.407(a)(1) 14 C.F.R 91.409(a)(1)(2) 14 C.F.R 91.417(a)(b) 14C.F.R 91.119(c) 

### Ill. Extent of Relief and Reason: The extentof relief Iam seeking is the same as in the Granted Exemption No. 11138forthe general purpose of Real Estate and similar aerial photography/videography. Iam asking thatthe FAA grantthe amountof relieffrom each regulation as is deemed appropriate forthe safe operation ofthe small UAS and inclusion intothe NAS. The reason forthe 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. Benefittothe Public 

### as aWhole: Aerial photography/videographyfor 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 homeownersthe expense ofsuch 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 avaluable marketing tool. Manned aircraft pose athreatto the publicthrough potential catastrophic accidents and by carrying combustible fuel UASs pose no such threat since size and lack ofcombustible fuel alleviates any potential threatto the public. Congress has already proclaimed that it is in the public's interestto integrate commerciallyflown UAS's intothe national airspace system, hence the passing ofthe Reform Act. The lightweight UAS is battery powered and creates no emissions thatcan harm the environment. The consequences ofan ultra light weight UAS crashing is far less than afull size helicopterorfixed 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 Page2V. This Exemption would increase safety duetothefactthatall Flight Safety and Operational requirements as setforth in the Granted Exemption No. 11138will be complied with.

The UAS to be flown is the PHANTOM 2which is the same aircraft previously approved by the FAA in the Granted Exemption No. 11138.The aircraft may also be called the VISION orVISION+. These variation designators only indicate the type ofcamera on board. They are all the same aircraft forflight purposes. As set forth by the FAA in the Granted Exemption No. 11138the following Conditions and Limitations will be complied with: 1) Operations will be conducted using only a Phantom 2, Phantom 2Vision or Phantom 2Vision + 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 bythe procedures specified in the operating documents. All altitudes reported toATC must be in feetAGL. 4) The UA must be operated within visual line ofsight (VLOS) ofthe Pilot In Command (PIC) at aU times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 5) All operations must utilize avisual observer (VO). The UA must be operated within the visual line ofsight (VLOS) ofthe VO at all times. The VO may be used to satisfythe 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 herdesignation forthe duration ofthe flight. The PIC must ensure thatthe VO can perform the functions prescribed in the operating documents. 6) The operating documents and the grant ofexemption must be accessible during UAS operations and made available to the Administrator upon request. Ifa 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 mustfollow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibilitytotrack such revisions and present updated and revised documentsto the Administrator upon request. The operator must also present updated and revised documents if he petitions for extension or amendmenttothe grant ofexemption. Ifthe operator determinesthat any update or revision would affectthe basis upon which the FAA granted the exemption, then the operator must petition for amendmentto its grant ofexemption.

WesleyW. Myers,Jr. Section 333 Exemption Petition 

### (954)261-5568 WesMyers007@gmail.com Page 37) Priorto each flight, the PIC must inspect the UAS to ensure it is in a condition forsafe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the UAS is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition forsafe 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 oralterations that affectthe UAS operation orflight characteristics, e.g. replacement ofaflight critical component, must undergo afunctional testflight. 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 accountfor all discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 10) The operator mustfollowthe 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 ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. 12) Each UAS operated underthe exemption must comply with all manufacturerSafety Bulletins. 13) The authorized person must make an entry in the aircraft record ofthe 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 acurrent third-class medical certificate. The PIC must also meetthe flight review requirements specified in 14CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 15) Priorto operations conducted forthe purpose ofaerial photography/videography and augmenting real estate listing videos (orsimilar operations), the PIC must have accumulated and logged, in a mannerconsistent with 14 CFR 61.51(b), a minimum of25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilotwith a multi-rotor UAS. Prior documented flight experience thatwas obtained in compliance with applicable regulations may satisfythis requirement. Training, proficiency, and experience-building flights can also be conducted underthe grant ofexemption to accomplish the required flighttime. 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) Priorto operations conducted forthe purpose ofaerial photography/videography and augmenting real estate listing videos (orsimilar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of5 hours as UAS pilot operating the make and model ofthe UAS to be used in operations underthe exemption; 5 hours make and WesleyW. Myers, Jr. Section 333 Exemption Petition (954)261-5568 WesMyers007@gmail.com Page4model time may be included in the 10 hours of multi-rotortime 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-offand landing currency flights can be conducted under this grant ofexemption to accomplish the required flighttime and 90 day currency. However, said training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-buildingflights the PIC is required to operate the UA with appropriate distances in accordance with 14CFR 91.119. 17) The operator may not permitthe PIC to operate the UAS forthe purpose ofaerial photography/videography and augmenting real estate listing videos (orsimilar operations), unless the PIC has demonstrated and logged in a mannerconsistent with 14CFR 61.51(b), the abilityto safely operate the UAS in a manner consistent with howthe UAS will be operated underthis 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 14CFR 1.1. All operations must be conducted undervisual meteorological conditions (VMC}. 19) The UA may not operate within 5 nautical miles ofan airport reference pointas 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 horizontallyfrom a cloud orwhen visibility is less than 3 statute miles from the PIC. 21) Ifthe 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 abortthe flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 23) The PIC is prohibitedfrom beginning aflight unless (considering wind and forecast weather conditions) there is enough powerto 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 AirTraffic Organization (ATO) issued Certificate ofWaiver or Authorization (COA) priorto conducting any operations underthis grant ofexemption.This COA will also require the operatorto request a Notice toAirman (NOTAM) not more than 72 hours in advance, but not less than 48 hours priortothe operation. 25)AII aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14CFR part 47, and have identification (N-Number) markings in accordance with 14 CFR part45, Subpart C. Markings must be as large as practicable.



### WesleyW. Myers,Jr. Section 333 Exemption Petition (954)261-5568 

### WesMyers007@gmail.com Page 526) Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply withthe Federal Communications Commission (FCC) orother appropriate government oversight agency requirements. 27) The documents required under 14CFR 91.9 and 91.203 must be available to the PIC atthe Ground Control Station ofthe UAS anytimethe UAS is operating. These documents must be made available to the Administrator orany law enforcement official upon request. 28) The UA must remain clear and yield the right ofwayto all manned aviation operations and activities at all times. 29) The UAS may not be operated by the PIC from any moving device orvehicle. 30) The UA may not be operated over congested or densely populated areas. 31) Flight operations must be conducted at least 500feetfrom all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers orstructures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain undersuch protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediatelyand/or; b. The aircraft is operated nearvessels, vehicles orstructures where the owner/controller ofsuch vessels, vehicles orstructures has granted permission and the PIC has made a safety assessment of the risk ofoperating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearerto the PIC, VO, operatortrainees oressential 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 propertywith permission from the land owner/controller or authorized representative. Permission from land owner/controllerorauthorized representative will be obtained for each flight to be conducted. 33)Any incident, accident, orflight operation thattransgresses the lateral orvertical boundaries of the operational area as defined by the applicable COA must be reported tothe 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 ofexemption the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14CFR including, but not limited to, parts45, 47, 61, and 91.

WesleyW. Myers,Jr. Section 333 Exemption Petition (954)261-5568 WesMyers007@gmail.com Page 6

### VI. ASummarythe FAA May Publish in the Federal Register:
The applicant, Wesley W. MyersJr. 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 ofthe UAS is forthe same Real Estate purpose, it is the same UAS make and model, and all ofthe FAA requirements setforth in Granted Exemption No.11138 will be complied with. -End ofSummaryIn closing, I, Wesley W. Myers,Jr. respectfully request that I be granted an exemption as set forth above forthe purpose ofaerial photography/videography and augmenting real estate listingvideos (or similar operations).

WesleyW. Myers,Jr. Section 333 Exemption Petition 

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