To:

U.S. Department of Transportation, Docket Operations

West Building, Ground Floor Rm. W12-140

1200 New Jersey Ave, SE

Washington, DC 20590

From:

Robert T. Kerrigan

100 S. Eola Dr. Unit 907

Orlando, FL 32801

REGARDING: FAA EXEMPTION RULEMAKING SECTION 333 OF THE FAA REFORM ACT AND 

PART 11-14 C.F.R. § 45.23(b); 14 C.F.R. PART 21; C.F.R 61.113(a) & (b); 91.7(a) 91.9(b) (2); 

91.109; 119.121; 91.151(a) ; 91.203(a); & (b) 91.405(a); 91.407(a); (2) 91.417 (a) & (b)

Dear Sir or Madam:

I, Robert Thomas Kerrigan, a certificated Private Pilot – Single Engine Land & Sea, am requesting 

exemption from the Federal Aviation Regulations (“FARs”) listed above and pursuant to the FAA 

Modernization and Reform Act of 2012and the procedures contained within 14 C.F.R 11 so I 

may commercially operate a small ultra-light unmanned aircraft system (“UAS”) or equivalent

and ground station based equipment and crew for the purpose of photography/videography of 

commercial and residential properties, along with other aerial imaging services as required.

I have been a certificated Private Pilot since April, 2007. My intention is to open and operate a 

digital imaging enterprise called iMagine Aerial Productions, LLC and wish to focus on providing 

high definition aerial video and high resolution aerial photography. The main focus of iMagine 

Aerial Productions will be the production of video and still image productions of real estate for 

real estate brokers and agents. With the advancement of internet technologies and consumer 

adoption of shipping for properties online, the demand for high resolution aerial imagery is 

unprecedented. As a Private Pilot, I understand the seriousness, necessity and importance of 

pre-flight and in-flight safety measures to ensure public safety. As a pilot of an UAS, all UAS 

pertinent safety and risk management measures as specified in the FAA Risk Management 

Handbook shall be complied with.

The granting of my exemption request by the FAA would permit operation of ultra-lightweight

and unmanned UAS to operate in the predetermined areas away from the general public, 

airports, heliports and vehicular traffic, primarily over individual properties/communities for 

the purpose of recording real estate listings with digital aerial imaging. All flights shall be 

logged and recorded to minimally include the date and time of flight, name of pilot (PIC) and

visual Observer (VO) address or locations of flight, duration of flight, weather conditions and 
flight notes to include maximum altitude and speed along with signatures of the PIC and VO. A 

copy of the images shall also be retained for a minimum of 12 months from the date of flight.

In summary and in accordance with this request of exemption as authorized and outlined by 

the FAA under Section 333(c) of the Reform Act specified for use of UAS for “Real Estate 

Purposes,” I, Robert Thomas Kerrigan will adhere to all FAA regulations at all times and shall 

conduct all flight operations in strict compliance and safety protocols as mandated and 

required by regulations and best practices. Respectfully, I reque3st the grant of 3eemption to 

operate ultra-light weight, remote controlled UAS’s for commercial purposed as described in 

the request and as allowable by law. This grant of exemption will allow me to offer such 

services to private entities, realtors and individual homeowners who have little to no 

experience piloting UAS’s but have a need to market their property in order to compete within 

an ever demanding technology driven real estate market. I submit that this application has 

been prepared by myself and not an attorney using personal knowledge of existing FARs as well 

as utilizing excerpts from other similar applications. Consequently, if I have unintentionally 

omitted any relative FARs I humbly request an opportunity to submit to those accidental 

omissions. The essence of this application is to declare that I, Robert Thomas Kerrigan, meet 

and exceed the FAA’s expected competency for piloting my UAS for commercial purposes and 

that my UAS meets and exceeds the safety requirements as set forth by the Secretary of 

Transportation thereby prompting my requ3est for COA under Section 333.

I. CONTACT INFORMATION

Robert T. Kerrigan

iMagine Aerial Productions, LLC

100 S. Eola Dr. Unit 807

Orlando, FL 32801r.

II. The specific sections of 14 C.F.R. I seek an exemption from are:

14 C.F.R. 21;

14 C.F.R.45.23(B)

14 C.F.R. 61.113 (a) & (b)

14 C.F.R. 91, et seq.;

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2) 

14 C.F.R. 417 (a) & (b)
III. The extent and reason of relieve I seek:

I, Robert T. Kerrigan, am seeking relief from the existing FARs that currently prohibit my 

use of UASs from operating commercially for the purpose of aerial photography/videography in

accordance with the FAA Modernization and Reform Act of 2012 112 P.L. 95 § 331-334. The 

Reform Act Subtitle B: Unmanned Aircraft Systems – (Sec. 332) “Requires the Secretary to 

develop a plan to accelerate safely the integration by September 30, 2015, of civil unmanned 

aircraft systems (UASes, or drones) into the national airspace system.” Accordingly, I attest that 

my personal qualifications as well as my ultra-lightweight UAS meets the definition of such 

approved drones (UAS) as defined in Sections 331 and allows for exemption status 

consideration. Further, I respectfully 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 of such craft. The Secretary of Transportation has been asked by Congress to, 

among other things, consider whether certain unmanned aircraft systems may operate safely in 

the national airspace system before completion of the rulemaking required under Sections 332 

of the Reform Act. In making this determination, the Secretary is required to determine which

types of UASs do not create a hazard to users of the National Airspace System or the public or 

pose a threat to national security in light of the following:

 The UAS’s size weight, speed, and operational capability

 Operation of the UAS in close proximity to airports and populated areas and

 Operation of the UAS within visual line of sight (VLOS) of the Pilot and VO

Accordingly, all flights will be conducted by a PIC and VO in accordance with FAA Policy N 

8900.227 Section 14 “Operational Requirements for UASs” and with the following restrictions:

a. All aircraft will be made with a UA gross weight of less than 55 pounds

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 nautical miles from an airport with a published instrument flight procedure, but 

not an operational tower; or

f. 2 nautical miles from a heliport with a published instrument flight procedure

g. For safety, no flight with winds over 10 MPH

h. Flight only in GPS mode that allows the UAS to hover in place when radio controls 

are released. All operations to be conducted in GPS mode only.

IV. How my request will benefit the public as a whole:

Aerial photography is a critical component of marketing commercially available 

property. With today’s high tech Internet market and ever demanding consumer, it is 

more important than ever for realtors and home sellers to have their property listing 

appear near or at the top of Internet searches. The Multiple Listing Service (MLS) 

typically lists home searches in hierarchy based on number of “images” or “videos.” To 

grab the attention of the buyer, it is important for them to see the entire property and 

the area around it. All of these elements combined to have a tremendous impact on the 
outcome of a commercial real estate transaction. It is much too dangerous and 

expensive to hire a manned aircraft to take these aerial images thereby making the UAS 

option cost effective and safer. There is simply not enough UAS pilots to cover the 

demand for these images, which is leading to unlicensed UAS operators which

ultimately results in untrained and unqualified operators.

V. Reasons why the exemption would not adversely affect safety; or how the exemption 

would provide a level for safety at least equal 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. However, my experience 

as a certificated Private Pilot allows me to utilize my experience in UAS operations 

thereby exceeding safety and improving airspace operations by allowing aerial imaging 

clients to choose an experienced Pilot that knows how to pilot an aircraft safely an 

within regulated limits. In addition, by providing unmanned services to the market 

place, there will be less of a demand for manned operations, which will provide for safer 

and quieter residential aerial photography.

As previously stated, all flight sill be conduction 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 aircraft will be made with a UA Gross weight of less than 55 pounds

b. All flights will occur within daylight hours

c. All flights will occur below 200 feet AGL

d. 5 NM from an airport having an operational control tower or

e. 3 NM from an airport with a published instrument flight procedure, but not 

an operational tower, or

f. 2 NM from an airport without a published instrument flight procedure or an 

operational tower, or

g. 2 NM from a heliport with a published instrument flight procedure

h. Maximum total flight time for each operational flight will be 15 minutes. 

Flights will be terminated a 25% battery power reserve should that occur 

prior to the 15 minute limit

i. Extensive pre-flight briefing are required between the PIC and the VO

j. A flight plan is required prior to each flight

k. All aircraft operations must be conducted within manufacturer 

recommended specifications

l. All sit permissions must be obtained prior to flight

VI. A summary the 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 of my UASs permit exemption from Part 21 because my UAS meets (and 

exceeds) an equivalent level of safety pursuant to Section 333 of the Reform

Act. The FAA is authorized to exempt aircraft from the airworthiness 

certificate requirement under both the Act (49 U.S.C. § 44701 (f) and Section 

333 of the Reform Act. Both pieces of legislation permit the FAA to exempt 

UAS’s from the airworthiness certificate requirement in consideration of the 

weight, size, speed and maneuverability and proximity to areas such as 

airports and dense populations. My current and projected UAS’s meet or 

exceed each of the elements

14 C.F.R. 91.7(A) prohibits the operation of an aircraft without an 

airworthiness certificate. As no such certificate will be applicable in the form 

contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As 

there are no on board pilots or passengers, and given the size of the UAS’s 

this regulation is inapplicable. An equivalent level of safety will be achieved 

by maintaining such manuals on location with the Pilot. The FAA has 

previously issued exemption to this regulation in Exemption Nos. 8607, 8737,

8738, 9299, 9565A, 9565B, 10167, 10167A, 10602, 10700, and 32827.

14 C.F.R. § 91.121 regarding altimeter setting is inapplicable insofar as my 

UAS utilizes electronic global position systems with a barometric sensor

14 C.F.R. 91.203 (a) and (b) provides for the carrying of civil aircraft 

certifications and registrations. They are inapplicable for the same reasons

described above. The equivalent level of safety will be achieved by 

maintaining such required certifications and registrations with the Pilot.

b. 14 C.F.R § 45.23: Marking of the Aircraft

Applicable Codes of Federal Regulation require aircraft to be marked 

according to certain specifications. My UAS are, by definition, unmanned. 

They therefore do not have a cabin, cockpit or pilot station on which to mark 

certain words or phrases. Further, two-inch lettering is difficult to place on 

such a small aircraft with dimensions smaller than minimal lettering 

requirements. Regardless, I will 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 the pilot, or anyone assisting me as a spotter with 

the UAV will see the markings. The FAA has previously issued exemptions to 

this regulation through Exemptions Nos. 8738, 10167, 10167A, and 10700.
c. Private Pilot Privileges and Limitations: PIC

Pursuant to 14 C.F.R §§ 61.113 (a) and (b), private pilots are limited to noncommercial operations. I, Robert Thomas Kerrigan, can achieve an 

equivalent level of safety as achieved by current Regulations because my UAS 

does not carry passengers. Further, I do possess an FAA pilot certificate, 

which helps my remote control piloting skills and factors in my experience in 

assessing any flight risks. The risks attended to be operation of my UAS is far 

less than the risk levels inherent in the commercial activities outlined in 14 

C.F.R §§ 61, et seq. thus allowing me to operate my UAS and meet and 

exceed current safety levels in relation to 14 C.F.R §§ 61.113 (a) and (b)

d. 14 C.F.R § 91.119: Minimum Safe Altitudes

14 C.F.R § 91.119 prescribes safe altitudes for the operation of civil aircraft. 

It allows helicopters to be operated at lower altitudes in certain conditions. 

My UAS will never operate at an altitude greater than 200 feet AGL, 

significantly below the standard of 400 AGL. I will also operate my UAS in 

safe areas away from public and traffic, providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes. Given 

the size, weight, maneuverability and speed of my UAS, an equivalent or 

higher level of safety will be achieved.

e. 14 C.F.R 91 405 (a); 407 (a)(1); 409 (a)(2); 417(a) & (b): Maintenance and 

Inspections

The above cited Regulations require, amongst other things, aircraft owners

and operator to ”have the aircraft inspected aw prescribed in subpart E of 

this part and shall between required inspections, except as provided in 

paragraph © of this section have discrepancies repaired as prescribed in part 

43 of this chapter....”

These regulations only apply to aircraft with an airworthiness certificate. The 

will not therefore, apply to my UAS. However, as a safety precaution I 

inspect my UAS before and after each flight.

A Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R 91: 

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 of 

my UAS permit exemption from Part 21 because my UAS meets an equivalent level of safety 

pursuant to section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the 
airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f) and Section 333 

of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS’s from the 

airworthiness certificate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. My UAS meets 

or exceeds each of the elements. 14 C.F.R 91.7(a) prohibits the operation of an aircraft without 

an airworthiness certificate. As no such certificate will be applicable in the form contemplated 

by the FARs, this regulation is inapplicable. 14 C.F.R § 91.9(b) (2) requires an aircraft flight 

manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS’s, this 

Regulation is inapplicable. An equivalent level of safety 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, 9565B, and 10167, maintenance program that involves regular 

software updates and curative measures for any damaged hardware. Therefore, an equivalent 

level of safety will be achieved.

In Summary:

I, Robert Thomas Kerrigan, respectfully request that the FAA grant my exemption request and 

further volunteer any information gathered during flights in the event the FAA is interested in 

live field data. I do agree and attest to adhere to any further limitations the FAA imposes, now 

or in the future. Satisfaction of the current criteria provided in Section 333 of the reform act of 

2012 – size, weight, speed, operating capabilities, proximity to airports and populated areas 

and operation within visual line of sight and national security – provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of my 

UAS for commercial purposes. I look forward to support the FAA and the UAS community in its 

quest to establish proper regulations and protocols for the safe introduction of unmanned 

aircraft into the national airspace.

Sincerely,

Robert Thomas Kerrigan

100 S. Eola Dr. Unit 807

Orlando, FL 32801
APPENDIX 1

PRIVATE PILOT CERTIFICATE

ROBERT THOMAS KERRIGAN