September 18, 2015

Name and Address 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 Unmanned 

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) and 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 (Residential 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 property 

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 review 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 investment 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

REASON 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 airworthy 

condition.

REASON 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 checks.

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 person, vessel, vehicle or structure.

REASON 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 providing ‘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 property 

while providing a ‘Residential and Commercial Marketing’, ‘Construction Progress’ and ‘Property 

Inspection’ landowners will be notified in person 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 be taken into consideration. 

14 CFR 91.121

Altimeter Settings:

REASON 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.

REASON FOR EXCEPTION

The ‘Named UAS’ provides a low battery warning to indicate when you 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 1st low battery alert. The petitioner 

will not initiate a flight unless (considering 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)

Maintenance 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.

REASON 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 return to service by a person 

authorized under 43.7 of this chapter.

REASON 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 for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter. No inspection 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 maintenance records.

REASON 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)

Maintenance 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) for the periods specified in paragraph (b) of this section: (1)(2)(3)

REASON FOR EXCEPTION

The petitioner will keep a record of all repairs and modifications. The petitioner also proclaims to 

use approved manufactured parts for repairs and modifications.

SUMMARY

I, Bart Drake, the petitioner 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)(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.