Coldwell Banker First Realty Fargo, ND 58103 Phone: 701-293-3423

- September 14, 2015 U.S. Department of Transportation Docket Management System
1200 New Jersey Ave., SE Washington, DC 20590

Dear Sir or Madam: This application is being submitted on my own behalf without legal council or consulting services.
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Coldwell Banker First Realty, operator of Small Unmanned Aircraft Systems (“SUASs”) equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its SUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.1

. As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive SUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow Coldwell Banker First Realty to conduct commercial operations of small unmanned aircraft systems (“S UAS”) meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. Coldwell Banker First Realty is the largest full service Real Estate firm in the Upper Midwest that plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of services, including : Real Estate Photography and Videography, Aerial Surveying, and Educational and Research Operations. These services would be implemented as strategic Marketing Tools. They would be utilized in brochures, the company's official website, and local advertising. The footage provided by the SUAS would allow a unique perspective for the potential client. This unique perspective would ultimately aid the process of making an educated and thorough decision in acquiring and/or selling property. Coldwell Banker First Realty holds its clients' well being as the number one priority. The use of the SUAS would play a vital role to the company, but more importantly itwould better the clients' future investmen t

.

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by sectio n 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations.The Petitioner Requests Relief From the Following:

Regulations from which the exemption is requested:
14 C.F. R. Part 2 1
14 C.F. R. 45.23 ( b)
14 C.F. R. 61.113(a) and ( b ) 14 C.F. R. 91.7 ( a)
14 C.F. R. 91.9 ( b) ( 2)
14 C.F.R. 91.109
14 C.F.R. 91.119
14 C.F. R. 91.121
14 C.F. R. 91.151(a)
14 C.F. R. 91.203 ( a) & ( b)
14 C.F. R. 91.205 ( b)
14 C.F. R. 91.215
14 C.F. R. (91.401 - 91.417)

Unmanned Aircraft System SUASs are oftentimes seen as superior to helicopters due to the smaller device ' s cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety.
We are petitioning for exemption t o e nable Coldwell Banker First Re alty to o perate a DJI Inspi re 1 equipped with t hree-axis gi mbals and usin g Hig h-Def. cameras. T his SUAS has a built- in c apability to lim it the heigh t it flies above the ground, to li m it the radius of th e distance it flies fro m t h e operator and to exclud e it from Class B, C and D airspa ce including a no fl y zon e feature. Th e Inspi re 1 als o has t he failsafe function of the Na za-M autopilot system , which m eans w h en the communication between t he Main Controll er and t h e transmitt er is disconnected , th e outputs o f all command st icks fro m controller will go to t h e center position. If the GPS signal is good enough, the system will automatically t rigger Return t o H om e and will land safe ly. The above s pecifications meet with t he Model Aircraft Operating Standards as s et below: • Coldwell Banker First Realty will only operate its SUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas within the sterile area described in the FOPM. Such operations will insure that the SUAS will "not create a hazard to users of the national airspace system or the public." • When flying SUAS within 3 miles of an airport, airport operators will be notified and the operator will give the right of way to avoid flying in the proximity of full-scale aircraft. • Maximum flight time for each operational flight will be 30 minutes.• Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. • The SUAS will be programmed so that it will not be operated at an altitude of more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.
• Minimum crew for each operation will consist of the SUAS Pilot and Visual Observer. • The SUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). • The SUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally.
• Given the small size of the SUAS and the restricted sterile environment within which they will operate, our SUAS operations adhere to the Reform Act's safety requirements. The SUAS, 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 3 0 minutes, this offers little or no risk to national security.
Low level obliqu e photos an d vid eo fro m several angl es are far more effective th an groun d based imagery for displ aying th e characteristics of large, comp lex properties with seve ral buildings and large tree s. The applican ts in the p ast have charte red 2-s eat full-sized helicopters fo r this purpo se, wh ich has proven more costly than many potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the SUAS will be valuable to and benefit many buyers and sellers of Real Estateproperty. Additionally, we requ est th at we b e allowed to us e our syste m to ben efit first respond ers nearby who migh t requ ire assistance, includin g fire fighte rs, the poli ce, the sheriff, et al., whil e remainin g subje ct to all limitation s cite d in this applicatio n as we do so
.
a. No flight will be made with a Gross weight exceeding 55 pounds; b. All operations must occur in FAA Class G airspace at no more than 400 ft. 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. All required permits will be obtained from state and local government prior to operation; f. Coldwell Banker First Realty will not operate over densely populated areas;
g. Coldwell Banker First Realty will not be operating over any open-air assembly of people; h. Coldwell Banker First Realty will not be operating over heavily trafficked roads;i. Coldwell Banker First Realty will not b e operating within 5 NM o f an airport or heliport;

We respectfully request exemption under Section 333 to Coldwell Banker First Realty to operate efficient, limited, low-risk commercial SAUS operations for the activities stated , respecting at all times the space and pri vacy of citizens and p roperty whil st keeping o ur skies safe

. Sincerely,

Jesse R. Cra ig, Owner Coldwell Banker First Realty www.coldwellbankerfm.com jcraig@craigprop.com
701-293-3423EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Coldwell Banker First Realty requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the SUAS System:
14 C FR Part 21, Airworthiness Certificates This part establishes t h e procedures for the issuan ce of an airworthin ess certificate. While t he FAA continu es to wo rk to develop airworthiness standards fo r Unmanned Aerial System s, we request an experimental c ertificate be issued for the DJI Inspire 1 und er either or both of the fo llowing provisions: 21.191 Experimental certificates. Experimental c ertificates are issued fo r t he fo llowing pu rposes:

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 SUAS's lightweight, being constructed primarily of carbon fiber and plastic, we propose that the SUAS 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 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 SUAS does not have an entrance in which th e 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 (Pilot In Control), VO (Visual Observer) 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 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 privatepilot 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 hold at least a Recreational Pilot Certificate issued by the FAA and 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 91.7 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 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 SUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight. 14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.The regulation states, "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The SUAS 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. 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the SUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-flight planning has been performed. 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 UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 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 SUAS 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 launch and recovery point is transmitted via radio from the SUAS 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 SUAV is battery operated and the maximum duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will never fly more than 3f4 NM from the point of intended landing, a fullbatt ery charge at laun ch wi ll ensure tha t we me et th e reserve energy requiremen t of this paragraph. We

requ est an exemptio n t o the wo rd "fuel " an d as k for a n equ ivalent interpretatio n with th e word "energy".
14 C FR 91.203(a ) & (b ) Civi l aircraft: Certification s required . The regulatio n provid es that an airworthin ess certificate , with th e registratio n numb er assigned to th e aircraf t an d a registration certifica te mu st b e abo ard the aircraft. Additionally, subparagrap h (b ) provides th at the airworthiness certifica te be "displayed at the cab in or cockpit entran ce s o th at it is legib le to passeng ers or crew ." At a maximu m gross weigh t of 5 .3 pounds, th e SUAS is to o small t o carry documentation, do es not have an entran ce, and is not capabl e of carryin g passeng ers o r crew. To obtain an equivalent level of safety and
me et th e inten t of 91.203 , we propos e that documents deemed appropria te fo r this aircraft by th e FAA will be co-located w ith th e crew a t th e groun d contro l statio n and availabl e for inspectio n upo n request. In ord er to id entify th e aircraft, we propos e that th e informatio n foun d o n airworthin ess and registratio n certificat es b e permanentl y affixe d to the aircraft via placard containin g th e following informatio n plu s the wo rd "EXPERIMENTAL " to sa tisfy th e requirem ent of 1 4 CFR 45.23

. 14 CFR Subpart E ( 91.401 - 91.41 7) - Maintenance, Preventive Maintenance, Alteration s The regulation provid es th at th e operato r is primaril y responsible fo r maintainin g th e aircraft in an airworthy condition, includin g compliance wi th part 3 9 and 43

. Paragraph s 91.40 7 and 91.409 requ ire that th e aircraf t be "approved for return t o serv ice by a perso n authorize d under 43.7 " afte r maintenan ce an d inspection. It is our intentio n th at the PIC perfor m maintenan ce an d inspectio n o f the aircraft an d "b e authorized to approve th e aircraft fo r retu rn t o servi ce." The P IC will ensure tha t the aircraf t is i n an airworthy conditio n prio r to every fligh t an d in additio n condu ct detailed inspection s afte r every two hou rs of flight. Maintenance performed by th e P IC is lim ited to repairin g small cracks, replacin g a propeller, checking electrical connections and updatin g software and firmware fo r the on-bo ard compute r. All
other maintenan ce will be performed by th e manufacturer or th eir designated rep air facility

. The P IC will docum ent wor k perform ed in accordan ce with 91.417. We feel that due t o th e size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. Safety and Benefits of the S UAS Coldwell Banker First Realty will be using the SUAS in a variety of applications that generally require expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer a myriad of benefits over the use of full-sized manned aircraft forfilm and still photography

. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small S UAS carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. By granting Coldwell Banker First Realty requested exemptions, the FAA will help drive development of safe and successful commercial S UAS operations and will advance the public knowledge base for such operations. Coldwell Banker First R e alty is committed to promoting the S UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial S UAS operations and serving as a resource for future S UAS research operations. Thus, the FAA has good cause to grant this Petition.Conclusion

As pointed out in this application, the SUAS which our company would use, under authorization by the US DOT-FAA, is a small, light-weight device operated within the line of sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have authorized each flight within a radius of this distance.
O ur SUASha s proven capability for controlled flight. It is a devic e s offered for general sale on the market around the world and ha s often been used as Model Aircraft in the USA. We are certain that the studies conducted until now by the FAA, about Section 332, Public Law 112-95, 2014, have already provided you with the assurances on the airworthiness of the SUASsuch as ours. For the foregoing reasons, the exemptions requested herein should be granted and Coldwell Banker First Realty should be permitted to conduct small S UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA. The submission of this applicatio n and its contents is the best demonstratio n th at indee d it is possib le to pursu e the authorizatio n process s o th at som e SUAS s ma y be use d for legitima te commercial activi ties an d under reasonabl y safe condition s.2731 12 thAve. S Fargo, ND 58103 E-Mail: jcraig@craigprop.com Web: www.coldwellbankerfm.com Phone: 701-293-3423