September	17,	2015

Submission	by: Jesse	Deming

20192	Clear	Creek	Rd	NW

Poulsbo,	WA	98370

(206)	353-0314

jesse.deming@gmail.com

U.S.	Department	of	Transportation	Docket	

Management	System

1200	New Jersey	Ave.	SE	Washington,	DC

20590

Re: Exemption	request	under	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	

the	Federal	Aviation	Regulations

Dear	Sir	or	Madam,

I	request	an	exemption	from	91.7(a),	91.119,	91.121,	91.151(a),	91.405,

91.407(a)(1),	91.409(a)(2)	and	91.417(a)	and	(b)	of	Title	14,	Code	of	Federal	

Regulations	(14CFR)	was	granted	in	Exemption	Numbers	11138,	11395,	11428	and	

11434.

I	will	operate	a	DJI	Phantom	3	or	DJI	Inspire	1,	both	being	a	UAS	weighing	less	than	

7	lbs at	takeoff,	and	can	take	photos	and	videos	using	the	on	board	camera.	The	

operations	performed	by	myself	with	this	UAS	are	to	include	but	not	limited	to	real	

estate	photography,	both	residential	and	commercial	and	private	events.	

This	exemption	will	be	in	the	public	interest, as	it	will	reduce	the	need	for	using	

other	manned	aircraft	to	complete	and	provide	a	service	that	would	otherwise	have	

been	too	cost	prohibitive	to	perform.

In	real	estate	photography,	it	will	provide	the ability	to	see	properties	from	vantage	

points	unobtainable	by	the	normal	home	buyer,	such	as	roof	inspections,	viewing	

large	property	from	above	without	relying	on	out	of	date	satellite	images.	With	this	

powerful	tool,	we	can	get	real	time	images	and	get	them	in	the	purchasers’	hands	so	

they	can make	a	complete	informed	decision,	resulting	in	fewer	complications	from	

incomplete	disclosure.

Operations	under	this	exemption	will	be	conducted	as	outlined	in	the	proposed	rule	

set	in	motion	on	2/23/2015	in	docket	FAA-2015-0150.

 Operational	Limitations	– Visual	line-of-sight	(VLOS)	only;	the	unmanned	

aircraft	must	remain	within	VLOS	of	the	operator	or	visual	observer.
 At	all	times	the	small	unmanned	aircraft must	remain	close	enough	to	the	

operator	for	the	operator	to	be	capable	of	seeing	the	aircraft	with vision	

unaided	by	any	device	other	than	corrective	lenses.

 Small	unmanned	aircraft	may	not	operate	over	any	persons	not	directly	

involved	in	the	operation.

 Daylight-only	operations	(official	sunrise	to	official	sunset,	local	time).

 Must	yield	right-of-way to	other	aircraft,	manned	or	unmanned.

 May	use	visual	observer	(VO)	but	not	required.

 First-person	view	camera	cannot	satisfy	“see-and-avoid”	requirement	but	

can	be	used	as	long	as	requirement	is	satisfied	in	other	ways.

 Maximum	airspeed	of	100	mph	(87	knots).

 Maximum	altitude	of	400	feet	above	ground	level.

 Minimum	weather	visibility	of	3	miles	from	control	station.

 No	operations	are	allowed	in	Class	A	(18,000	feet	&	above)	airspace.

 Operations	in	Class	B,	C,	D	and	E	airspace	are	allowed	with	the	required ATC	

permission.

 Operations	in	Class	G	airspace	are	allowed	without	ATC	permission

 No	person	may	act	as	an	operator	or	VO	or	more	than	one	unmanned	aircraft	

operation	at	one	time.

 No	careless	or	reckless	operations.

 Requires	preflight	inspection	by	the	operator.

 A	person	may	not	operate	a	small	unmanned	aircraft	if	he	or	she	knows	or	

has	reason	to	know	of	any	physical	or	mental	condition	that	would	interfere	

with	the	safe	operation	of	a	small	UAS.

I	request	an	exemption	from	91.405(a),	91.407(a)(1),	91.409(a)(2)	and	91.417(a)	

and	(b)	Maintenance	Inspections	since	they	only	apply	to	aircraft	with	an	

airworthiness	certificate.	I	will,	however,	perform	a	preflight	inspection	of	my	UAS	

before	each	flight	as	outlined	in	the	operating	documents.

I	request	exemption	from	SSS	91.151.	The	Pilot	in	Command	will	abide	by	the	

following	personal	protocols	and	controls:

 Operator	will	only	operate	in	reasonably	safe	environments	that	are	strictly	

controlled,	are	away	from	power	lines,	elevated	lights	and	airports.	Operator	

will	conduct	extensive	preflight	inspections	and	protocols	as	outlined	in	the	

operating	documents.

 Operate	the	UAS	below	400	feet	and	within	a	radius	distance	of	1500	feet	

from	the	controller	while	maintaining	direct	line	of	sight	visual	observation	

(VLOS).

 Land	the	UAS	before	the	manufacturers recommended	minimum	battery	

level.

 Use	the	UAS’	GPS	flight	safety	feature	whereby	the	aircraft	raises	to	a	

predetermined	safe	altitude	and	then	returns	to	point	of	takeoff	should	

communication	with	the	remote	control	operator	is	lost.
 Contact	respective	airports	and/or	Flight	Standard	District	Offices	if	

operations	will	be	within	5	miles	to	advise	them	of	my	estimated	flight	time,	

flight	duration,	elevation	of	flight	and	other	pertinent	information.

 Have	procedures	in	place	to	abort	flights	in	the	event	of	safety	breaches	or	

potential	danger.

91.7(a)	prohibits	the	operation	of	an	aircraft	without	an	airworthiness	certificate.	I	

assert	that	since	there	is	currently	not	certificate	applicable	to	my	operation,	this

regulation	is	inapplicable.

91.119	prescribes	safe	altitudes	for	the	operation	of	civil	aircraft,	but	it	allows	

helicopters	to	be	operated	at	lower	altitudes	in	certain	conditions.	Operator	will	not	

operate	the	UAS	above	the	altitude	of	400	feet	above	ground	level	(AGL)	and	will	

also	only	operate	in	safe	areas	away	from	the	public	and	traffic,	thus	providing	a	

level	of	safety	at	least	equivalent	to	or	below	those	in	relation	to	minimum	safe	

altitudes.

91.121	Altimeter	Settings	is	inapplicable	since	my	UAS	utilizes	electronic	GPS	with	a	

barometer	sensor.