July 22, 2015 

Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE., 

Washington, DC 20590 

Stellart Real Estate Services, LLC 

Dba MLS Camera Guy 

121 Country Club Lane 

Anthony, NM 88021 

915.490.3444 

Fax/915.317.6027 

art@mlscameraguy.com 

www.MLSCameraGuy.com 

Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") 

and 14 C.F.R. Part 11, Stellart Real Estate Services, LLC (PD) seeks an exemption from 

Federal Aviation Regulations ("FARs") detailed below for the following described Unmanned 

Aerial System called in this application the PD System, which includes an Unmanned Aircraft 

(UA) and ground station-based equipment and crew: 

THE UNMANNED AIRCRAFT (UA): 

e A lightweight (2. 7 lb gross weight with all on-board equipment), battery operated 

4-motor rotorcraft in the form of a octocopter that takes off and lands vertically, 

manufactured by DJI, Model Phantom Vision Plus 2, to carry the following equipment 

in flight; 

• An on-board flight computer with GPS navigation and location ability that receives 

signals for flight controls from a ground-based transmitter/controller; 

• An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video; 

• An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal and 

vertical speed, compass direction of flight and direction back to its launch site; 

• A 600mW, 5.8GHz on-board radio transmitter that transmits live video from the 

on-board camera plus all the flight data from the telemetry system described above; 
.. 

THE GROUND STATION-BASED PART OF THE SYSTEM: 

• A Pilot in Command (PIC) in operational control of a flight operation from beginning to 

end and who controls the UA while in the air; 

• A 1 OOmW, 2.4GHz radio transmitter/controller operated by the PIC to control the UA 

while in flight; 

• A radio receiver receiving live video and flight data from the on-board camera and 

computer projects it all together onto a screen for the PIC to view during flight; 

• A Visual Observer (VO) is a person who provides a second pair of eyes to visually 

track the UA while in flight. 

The requested exemption would support an application for a commercial Certificate of 

Authorization to use the above described CAV System to support aerial photography and 

video primarily of real property. 

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel, it operates at lower altitudes with no people on board and will 

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximum flight time of only 20 

minutes, this is offers little or no risk to national security. 

Low level oblique photos and video from several angles are far more effective than 

ground-based imagery for displaying the characteristics of large, complex properties with 

several buildings and large trees. Helicopters can be used, but they are more expensive to 

and not able to fly as low. The benefits of reduced cost and improved quality of presentation 

from the UA will be valuable to and benefit many buyers and sellers of real property. 

The PD System will be operated in the field with both a PIC and aVO in accordance with FAA 

Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following 

Restrictions: 

(a) No flight will be made with a UA Gross weight exceeding 55 pounds; 

(b) All operations must occur in FAA Class G airspace at no more than 400ft AGL, at an 

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; 

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

(d) Operations will be restricted to flights over private property with the permission of the 

property owner; 
(e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 

(b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at 

least ten hours logged as a UA pilot with a similar UA type; 

(f) All required permits will be obtained from state and local government prior to operation; 

(g) The PD System will not be operated over densely populated areas; 

(h) The PD System will not be operated at air shows; 

(i) The PD System will not be operated over any open-air assembly of people; 

U) The PD System will not be operated over heavily trafficked roads; 

(k) The PD System will not be operated within 5 NM of an airport or heliport; 

(I) Operations will be restricted to day only and weather conditions equivalent to VFR; 

(m)The PIC will brief the VO and property owner about the operation and risk before the first 

flight at each new location; 

(n) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight (see Appendix A). 

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 

personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the 

system and will complete a course of maintenance instruction as part of their initial training. 

We submit that the combination of the UA's light weight, flight performance and ability, fully 

qualified flight crew and strict operation under the guidelines established in 8900.227, and 

under all of the Restrictions (a) through (o) listed above, the FAA can have full confidence that 

the opera~ion will have an equivalent or greater level of safety than manned aircraft 

performing the same mission. 

The name and contact information of the applicant are: 

Stellart Real Estate Services, LLC 

Dba MLS Camera Guy 

Attn: Art Moreno, Jr. 

Phone: 915.490.3444 

Email: art@mlscameraguy .com 

The regulations from which the exemption is requested are listed below. Beside each 

regulation number is the page of the attached Addendum upon which each may be found 

together with our proposed equivalent level of safety for each regulation: 

• 14 CFR Part 21 ................................. Addendum Page 1 

• 14 CFR 91.203 ................................. Addendum Page 1 

• 14 CFR 45.23, 45.29 .......................... Addendum Page 2 

• 14 CFR 91.9 .................................... Addendum Page 2 

• 14 CFR 61.113, 61.133 ....................... Addendum Page 2 

• 14 CFR 91.109, 91.119, 91.121.. ............ Addendum Page 3 
• 14 CFR 91.151 ................................. Addendum Page 4 

• 14 CFR Subpart E (91.401- 91.417) ...... Addendum Page 4 

• FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) ... Addendum Page 4 

I firmly believe that granting this exemption will allow for expanded access to the global real estate 

market. In many cases, homes/properties may have restricted or limited access due to numerous 

factors. Many properties are "hidden" behind walls and landscaping, resulting in diminished "curb 

appeal". Providing this relief would eliminate these problems and lead to increased commerce for 

both buyers, sellers, government taxation agencies, real estate affiliated companies, (title, escrow, 

notary), construction industry and home improvement businesses who rely on a thriving real 

estate market. Additionally UA V's provide for property inspections including roof and chimney that 

can assist in identifying hard to observe defects in manufacturing and installation. Camera 

mounted drones help mitigate accidents and death occurring from slips and falls which often result 

in liability claims and damages to all participants. Invariably, a reduction in risk to life and limb is a 

general benefit to the public interest. Lastly, aerial videography provides the viewer with safe 

access to the property vicinity, eliminating needless driving to determine how close a property is to 

a freeway, school, beach or nearby unsightly development. This in turn reduces exhaust 

emissions and air pollution. Our UAV's utilize battery power and have no negative impact on the 

environment. When fully rolled out, these emission reductions will be measurable and significant. 

I voluntarily submit my name and all relevant information for clearance with any governing board 

having jurisdiction over this issue. Please contact us at any time if you require additional 

information or clarification. We look forward to working with your office. 

Sincerely, 

~~- Art Moreno, Jr., Owner 

SteUart Real Estate Services, LLC 

Addendum containing Exemption Requests ai1d Equivalent Level of Safety Appendix A -

Flight Manual Appendix 8 - Owner's Manual for UA 
Addendum 

ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Stellart Real Estate Services, LLC, requests an exemption from the following regulations as 

well as any additional regulations that may technically apply to the operation of the CAV 

System: 

14 CFR Part 21, Subpart H: Airworthiness Certificates This part establishes the procedures 

for the issuance of an airworthiness certificate. While the FAA continues to work to develop 

airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate 

be issued for the PO System under either or both of the following provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new uses for 

aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to 

show compliance with the airworthiness regulations including flights to show compliance for 

issuance of type and supplemental type certificates, flights to substantiate major design 

changes, and flights to show compliance with the function and reliability requirements of the 

regulations. 

Since the experimental certificate can be used for commercial purposes such as market 

surveys, sales demonstrations, and customer crew training, we would expect that an 

experimental certificate would permit our commercial purpose as well. 

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the UA's light weight, being constructed primarily of 

carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. 

If an experimental airworthiness certificate is not appropriate for this application, then we 

request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in the previous paragraph. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew." 

At a maximum gross weight of 2. 7 pounds, the UA is too small to carry documentation, does 

not have an entrance, and is not capable of carrying passengers or crew. To obtain an 
equivalent level of safety and meet the intent of 91.203, we propose that documents deemed 

appropriate for this aircraft by the FAA will be co-located with the crew at the ground control 

station and available for inspection upon request. In order to identify the aircraft, we propose 

that the information found on airworthiness and registration certificates be permanently affixed 

to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" 

to satisfy the requirement of 14 CFR 45.23, which follows immediately after the proposed 

placard description below: 

EXPERIMENTAL 

Manufacturer: DJI Innovations, Inc. 

55 South A Street, Suite 11 0 

Pensacola, FL 32502 

Model: Phantom Vision 2 Plus, Serial Number: PH646029696 

If found please contact: (915) 490-3444 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The UA does not have an entrance in which the word "EXPERIMENTAL" can be 

placed, and may not have a registration number assigned to it by the FAA. 

We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" 

in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the 

vicinity of the aircraft while it is preparing for launch will be able to see the designation. 

Additionally, we feel that the permanent placard discussed in the previous paragraph will 

provide the aircraft's registration information at the ground station. Finally, we will display at 

the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft 

Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 

NM of the ground station, the banner should be visible to anyone that observes the aircraft 

and chooses to investigate its point of origin. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that 

flight manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, 

the documentation would not be available to the crew during flight operations. 

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, 

approved UA Flight Manual (Appendix A) must ba available to the crew at the ground station 
anytime the aircraft is in, or preparing for, flight. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 

act as pilot in command of an aircraft in connection with any business or employment if: (1) 

The flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. 

Our proposed operations require that the PIC must either 

1. Hold a Commercia! Pilot Certificate issued by the FAA, and have logged 25 hours of flight 

experience in this type of UA, or 

2. Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" 

in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the 

FAA Private Pilot written examination." Since there are currently no means available for the 

pilot of a UAS to gain the experience in an equivalent category and class in order to apply for 

a commercial pilot's license, we propose to generate an equivalent level of safety by requiring 

our pilots to complete, at a minimum, FAA commercial pilot ground instruction and pass the 

FAA Commercial Pilot written examination in addition to completing the private pilot 

requirements. Since the aircraft cannot carry passengers or property, we feel we meet the 

intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a 

business. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." 

The PO System ground-based control station consists of a small hand-held radio transmitter 

and while it does not offer a second set of "controls", both the student and instructor can, and 

will, operate the single set of controls simultaneously. With both student and instructor having 

"hands-on" the controls during flight, we feel that this technique meets the intent 91.109 and 

provides an equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be 

operating at a maximum of 400 feet AGL, we cannot comply with this requirement. 

In order to provide an equivalent level of safety we will only fly over private property with the 

permission of the owner of the property flown over. The aircraft will not be operated over 

congested areas or over any open air assembly of persons. The property owner will be 

briefed on the expected route of flight and the associated risks to 
persons and property on the ground. The aircraft will be operated at a low altitude allowing, if a 

power unit fails, an emergency landing without undue hazard to persons or property on the 

surface. Therefore we maintain that due to the small size of the UA, the hazard to persons, 

vehicles and structures is minimal compared to manned aircraft, which should be considered 

in granting the exemption. 

14 CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. 

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in 

order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement 

above the takeoff point is transmitted via radio from the UA on-board computer to the display 

screen held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. 

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for 

delays to landing. The UA is battery operated and the maximum duration of flight from a 

single battery charge is 18 minutes with a 20% reserve. Since the aircraft will never fly more 

than % NM from the point of intended landing, a full battery charge at launch will ensure that 

we meet the reserve energy requirement of this paragraph. We request an exemption to the 

word "fuel" and ask for an equivalent interpretation with the word "energy". 

14 CFR Subpart E (91.401 - 91.417)- Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized 

under 43. 7" after maintenance and inspection. 

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." As provided in the Pre-Flight Checklist 

in Appendix A, the PIC will ensure that the aircraft is in an airworthy condition prior to every 

flight and in addition conduct detailed inspections after every two hours of flight. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a propeller, checking 

electrical connections and updating software and firmware for the on-board computer. All 

other maintenance will be performed by the manufacturer or their designated repair facility. 

The PIC will document work performed in accordance with 91.417. We feel that due to the 

size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of 

safety. 
-_.,_ I 

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class medical 

certificate issued under part 67 in order to perform as a pilot or observer. 

The UA maximum gross weight is 2.7 pounds, it is constructed of carbon fiber and plastic and 

the PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the 

unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in 

flight, the UA will return autonomously to the site of launching and land without crew 

intervention. Therefore, requiring the PIC and VO to meet the same medical requirements as 

a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. 

We propose that the minimum medical requirements for the PIC and VO be vision corrected 

to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure 

that the PIC and VO can see and avoid air traffic; a licensed driver is medically qualified to 

operate a much larger vehicle. 

APPENDIX A - FLIGHT MANUAL 

FLIGHT RESTRICTIONS 

(a) No flight will be made with a UA Gross weight exceeding 55 pounds; 

(b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an 

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; 

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate verbally at all times during a flight operation; 

(d) Operations will be restricted to flights over private property with the permission of the 

property owner; 

(e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 

(b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at 

least ten hours logged as a UA pilot with a similar UA type; 

(f) All required permits will be obtained from state and local government prior to operation; 

(g) The PO System will not be operated over densely populated areas; 

(h) The PO System will not be operated at air shows; 

(i) The PO System will not be operated over any open-air assembly of people; 

U) The PO System will not be operated over heavily trafficked roads; 

(k) The PO System will not be operated within 5 NM of an airport or heliport; 

(I) Operations will be restricted to day only and weather conditions equivalent to VFR; 

(m)The PIC will brief the VO and property owner about the operation and risk before the 

first flight at each new location; 

(n) No flight may be made without a successful Pre-Flight Inspection by the PIC before each 

operation to ascertain that the UA is in a condition safe for flight. 
PRE-FLIGHT CHECKLIST 

( 1) Use voltmeter to determine that UA battery is fully charged in order to prevent unexpected 

premature descent; 

(2) Check all wiring connections are tight; 

(3) Check all propellers are undamaged and no cracks exist in any structural members of the 

UA; 

(5) Turn on radio controller, check for adequate voltage, set it to connect to the UA, move all 

control switches to forward or down position and throttle control stick full back position; 

(6) Connect UA main battery, check for radio contact with UA's radio receiver; 

(7) At a location different from previous flight, re-set GPS and compass to current location; 

(8) Turn on transmitter, gimbal and camera. 

TO REGAIN CONTROL AFTER LOST RADIO CONTACT 

1. Failsafe= ON 

2. Throttle = 50% 

3. Mode= ATTI 

4. Failsafe = OFF 

5. Mode= GPS 

If radio contact is not restored, the UA 

will automatically continue at 60 ft 

above its last elevation before losing 

contact toward its takeoff point, then 

descend and land there autonomously