To:

U.S. Department of Transportation, Docket Operations

W est Building, Ground Floor Rm. W 12

- 140

1200 New Jersey A v e, SE

Washington, DC 20590

From:

Robert T. Kerrigan

100 S. Eola Dr. Unit 907

Orlando, FL 32801

REGARDING: FAA EXEMPTION RULEMAKING SECTIO N 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; 91.15 1 (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 t he p rocedures 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

commer c ial and residential properties, along with other aerial imaging services as required.

I have been a certificated Private Pilot since April, 2007. My int ention is to open and operate a digital imaging enterprise called iMagine Aerial Productions, LLC and wish to focus on providing high definition aerial video an d high r esolution 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 agent s. With t he advancement of internet technologies and consumer adoption of shipping for properties online, the demand for high resolution aerial imagery is unprecedented . As a Pr ivate Pilot, I understand the seriousness, necessity and impor tance 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 purp ose 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 o f flight, duration of flight, weather conditions andflight 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 an d in accordance with this request of exemption as authorized and outlined by
the FAA under S e ction 333 (c) of the R e form Act specified for use of UAS for “ Real Estate

P u rposes , ” I, Robert Thomas Kerrigan will adhere to all FAA regulatio ns 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 3eemptio n to

oper ate 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 priva te entities , realtors and indi vidual homeowners who have l ittle to no experience piloting UAS ’ s but have a need to market their property in order to compete wit hin 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 an y relative FARs I humbly request an opportunity to submit to those accidental omissions. The essence of this applica tion 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

T ransportation 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 32801 r.

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 fro m 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 int egration 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 dron es (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 s ystem 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 “ O perational Requirements for UASs ” an d with the following rest rictions:

a. All aircr aft will be made with a UA gross weight of less than 55 pounds
b. All flights will occur only during daylight hours

c. A ll flights will occur at or below 200 feet AGL
d. 5 nautical miles from an airport havin g 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. F or 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

mor e 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 pro perty and
the area around it. All of these elements combined to have a tremendous impact on theoutcome 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 sa fety 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 equival ent 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 kn ows 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 res idential 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 wit h the following restrictions:

a. All aircraft w ill 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 ai rport 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 procedur e 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 fligh t plan is required prior to each flight
k. All aircraft operations must be conducted within manufacturer recommended specifications
l. All sit permissions m ust 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. § 4470 1 (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 o f the weight, size, speed and maneuverability and proximity to areas such as airports and d ense 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 t he 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 o f 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, 9565 A

, 9565B, 10 1 67, 10 167A, 10602, 1070 0, 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

ce rtifications and registrations. The y 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

App licable 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 “ EXPERIM ENTAL ” 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 exemption s 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 non

commercial 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 i n 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 ne ver operate at an altitude greater than 200 feet AGL, significantly below the standa rd 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 equ ivalent 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 airworthi ness certificates in relation to FAR § 91.203(a ) ( 1). The size, weight and e nclosed ope rational 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 theairwort hiness certificate requirement under both the Act (49 U.S.C. § 44701 (f) and Section 333

of the Reform Act. B oth pieces of legislation permit the FAA to exempt UAS ’ s from the airworthiness certificate requirement in consideration of t he 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. T he 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 Tho mas Kerrigan, respectfully reque st th a t 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 fu ture. 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 regul ations 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 32801APPENDIX 1

PRIVATE PILOT CERTIFICATE

ROBERT THOMAS KERRIGAN