September 18, 2015

**Name and A ddress of Petitioner:**  Bart Drake 960 Chalmer Drive, #101 Marco Island, FL 34145 239

-450

- 8211 alphaomega.inspect@aol.com

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation Regulations 14 CFR, Part 21, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1) & (a)(2), 91.409(a)(I), 91.417(a)&(b)
I, Bart Drake, the petitioner, request exemptions in order to legally operate an Unmann ed Aircraft Systems (UAS), a DJI Phantom 2 Vision, in the National Airspace System. The DJI Phantom 2 Vision this petitioner seeks exemption to use will be referred to as ‘Named UAS’. All flights of the ‘Named UAS’ will be flown by line of sight (LOS) an d performed under 400’ above ground line (AGL). The ‘Named UAS’ does have GPS guidance and “return to home” safety feature installed. The ‘Named UAS” also uses a smartphone to enhance controls by showing current AGL and visual location of the ‘Named UAS’ to the subject and its surroundings. The petitioner wishes to be granted the exemption for use of the ‘Named UAS’ for commercial videography and photography of:

1. Residential and Commercial Real Estate, for marketing the sale of each. 2. Construction Process (Re sidential and Commercial), providing a visual review of the construction process to be used for marketing of a construction company or documentation to be provided to the owner. 3. Property Inspection, providing a visual review of existing conditions to the p roperty owner or prospective buyer.

The Petitioner believes the use of the DJI Phantom 2 Vision is more economical and safe to use than a manned aircraft for the aforementioned purposes. In the past, a manned aircraft would be used to provide a visual revi ew of land and property, which involves pilot fees, inspections and use of an airport. Use of the ‘Named UAS’ rather than a manned aircraft is more economical to the consumer and beneficial to the general public due to its small size, low noise and minimal potential for accident. Additionally, I, the petitioner, would like to point out that in order to have a successful business it is in my best interest to be safe. That safety will directly benefit the public because that safety relates to protecting my in vestment in a UAS. If the UAS is damaged, so is my means of providing a service and profiting from it. Also, if I don’t provide a safe service to my customers they will be less likely to recommend me to others. So I have to provide a safe service in order to gain the trust of potential customers.My request for the following exceptions are based on those provided to Exemption No. 11623,

11650, 11664 and 11734. I reviewed and quote these public letter because of the similarities to the use of UAS to capture photography and videography of real estate and construction for hire. Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation Regulations:

**14 CFR Part 21** Certification Procedures for Products and Parts **RE AS**  **ON FOR EXECEPTION** It has been determined that similar UAS’s do not require an airworthiness certificate as granted in Exemption No. 11623, 11650, 11664 and 11734 **14 CFR 91.7(a)** Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airwo rthy condition. **RE AS**  **ON FOR EXCEPTION** It has been determined that similar UAS’s do not require an airworthiness certificate, however the petitioner will ensure airworthiness through the combined use of the manufacturer’s Operations Manual and preflight chec ks. **14 CFR 91.119(c)** Minimum Safe Altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any pe rson, vessel, vehicle or structure. **RE AS**  **ON FOR EXCEPTION** The use of ‘Named UAS’ will be flown no higher than 400’ AGL in LOS over developed and developing residential areas that may be considered congested areas. That will not always be the case when provi ding ‘Construction Progress Survey’ flight because they could be conducted over empty lots or acreages with no structures. This will minimize the number of bystanders present or in the surrounding area. In the case of flying over or near existing private p roperty wh ile providing a ‘Residential and Commercial Marketing’, ‘Construction Progress’ and ‘Property Inspection’ landow ners will be notified in pers on by the petitioner, or by a card left behind by the petitioner, of an occurring ‘Named UAS’ flight. The petitioner also proposes to display a caution sign on site while a ‘Named UAS’ flight is ongoing. The petitioner will review with the landowners associated risk to persons, vessels, vehicles and structures is not comparable to manned aircraft and should b e taken into consideration.

**14 CFR 91.121** Altimeter Settings: **RE AS**  **ON FOR EXCEPTION** The ‘Named UAS’ does not have a barometric altimeter. It does have a GPS that will calculate altitude. The petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 11623, 11650, 11664 and 11734.**14 CFR 91.151(a)(I)**

Fuel requirements for flight in VFR conditions: (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions ) there is enough fuel to fly to the first point of intending landing and, assuming normal cruising speed (1) During the day, to fly after that for at least 30 minutes. **RE AS**  **ON FOR EXCEPTION** The ‘Named UAS’ provides a low battery warning to indicate when yo u should return the ‘Named UAS’ to the launch point. A fail safe automatic landing will occur if the battery reaches critical low voltage. The ‘Named UAS’ will be landed upon the 1 st low battery alert. The petitioner will not initiate a flight unless (cons idering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point. All flights will be done during the day and at an appropriate time as to not be a nuisance to others. **14 CFR 91.405(a)** Ma inte nance required: Each owner or operator of an aircraft (a) Shall have the aircraft inspected as prescribed in Subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. **RE AS**  **ON FOR EXCEPTION** The petitioner shall inspect the aircraft prior to every flight. The petitioner plans to follow manufacturer’s recommended preflight checklist. Reference give to the Operations Manual.

**14 CFR 91.407(a)(I)**  Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person may operate any aircraft that has undergone maintenance, preventative maintenance, rebuilding or alteration unless (1) It has been approved for retu rn to service by a person authorized under 43.7 of this chapter

. **RE AS**  **ON FOR EXCEPTION** The petitioner who has the responsibility for the operation and safety of the ‘Named UAS’ will follow the manufacturer’s suggestions for maintenance and repair, including the use of suggested replacement parts. **14 CFR 91.409(a)(I) & (2)** Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by 43.7 of this chapter; or (2) An inspection fo r the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No insp ection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maint enance records. **RE AS**  **ON FOR EXCEPTION** The petitioner will follow manufacturer’s suggestions to ensure that the ‘Named UAS’ is in condition for safe flight.**14 CFR 91.417 (a) & (b)**

Ma intenance Records: (a) Except for work performed in accordance with 91.411 and 91.413, each registered owner or operator shall keep the following records (I)(i) (ii)(iii) (2) (i)(ii)(iii)(iv)(v)(vi) fo r the periods specified in paragraph (b) of this section: (1)(2)(3) **RE AS**  **ON FOR EXCEPTION** The petitioner will keep a record of al l repairs and modifications. The petitioner also proclaims to use approved manufactured parts for repairs and modifications.

**SUMMA RY**  I, Bart Drake, the petitioner request for exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation Regul ations 14 CFR, Part 21, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(I) & (a)(2), 91.409(a)(I), 91.417(a)&(b) in order to legally operate an Unmanned Aircraft Systems (UAS), a DJI Phantom 2 Vision, in the National Airspace System in order to take aerial video and photography of real estate and construction processes.