### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON , DC

Regulatory Docket No. ______ _

IN THE MA TIER OF THE PETITION FOR EXEMPTION OF: FUS ION REAL ESTATE NETWORK INC., Federal Employer ID #: 262084161

PETITION FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS: 21. 171, 21.199, 45.23(b), 61.23(a) and (c), 61.10l(e)(4) and (5), 61.113(a) & 

### (b), 61.315(a), 91.7(a), 91.9(b) , 91.103, 91.109 , 91.119, 91.121, 91.151(a) and (b) , 91.203(a) (b), 91.401, 91.405(A), 91.407(A)(l), 91.409(a)(l) and (2), 91.417 TO THE EXTENT NECESSARY TO ALLOW THE PETITIONER TO COMMERCIALLY OPERATE A DJI PHANTOM 3 PROFESSIONAL, UNMANNED AIRCRAFT TO PERFORM AERIAL PHOTOGRAPHY PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT

.

Submitted on November 18, 2015

By: Yuri Kvichk:o General Counsel Fusion Real Estate 1300 National Drive Sacramento, CA, 95834 (916) 448-3174

Fusion Real Estate Network Inc. , Petition f or § 333 exempti on. Page 1 of8SUMMARY
Fusion Real Estate Network ("Petitioner") seeks exemption from the requirements of 14 C.F.R §§ 21.1 71 , 21.199, 45.23(b), 61.23(a) 

### and (c), 61.101(e)(4) and (5), 61.113(a) & (b), 61.315(a), 91.7(a), 91.9(b), 91.103, 91.109, 91.119, 91.121, 91.151(a) and (b), 91.203(a) (b), 91.401, 91.405(A) , 91.407(A)(l) , 91.409(a)(l) and (2) , 91.417, to operate an Unmanned Aircraft System pursuant to Section 333 ofthe FAA Modernization and Refonn Act of2012 (FMRA). This exemption will pennit Petitionerto operate an Unmanned Aircraft System (UAS) for the commercial purpose ofconducting aerial video and photography for the development, management, marketing, surveying, appraisal and sale ofreal estate over certain areas ofthe United States.
INTRODUCTION AND INTERESTS OF THEPETITIONER
This request is sinlllarin all material respects to reliefpreviously requested in Grant ofExemption Nos. 11062, 11109, 11112, and 11213.
Petitioner is a residential real estate brokerage located in Sacramento, California and serving its clientele by providing cutting edge marketing and media services. Onbehalfofand incooperation with its clients, its principals, owners and affiliates, Petitioner engages in various real estate-related functions, including the marketing and sale of residential real estate.
Petitioner seeks an exemption to operate a DJI PHANTOM 3 PROFESSIONAL system for commercial purposes within theNAS. The DJI PHANTOM 3 PROFESSIONAL is a vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smartphone systems. The DJI PHANTOM 3 PROFESSIONALhas a maximum gross weight ofapproximately 2.8 pounds, willie having a length of 16 inches width of 16 inches, height of8.5 inches, and a maximwn speed ofapproximately 31 knots

.The DJI PHANTOM 3 PROFESSIONAL is equipped with four main rotors; driven by Lithiwn Polymer battery powered electric motors

. The UAS will be operated by Petitionerwill beregistered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.RPart 47, Aircraft Registration, and marked in accordance with 14 C.F.R Part 45, Identification and Registration Marking.
Petitioner has an interest in using the DJI PHANTOM 3 Professional unmanned aircraft system (UAS) to perform the following functions, which are commercial innature:

• Real Estate Videography and Photography

• Land Survey & Appraisals

• Property and Equipment Inspections

• Creation ofCommercial Messages for Internet and Television.

• Increase Public Knowledge ofUAS and Promote Safe UAS operations

. A. NAME AND ADDRESS OF THE PETITIONER
FusionReal Estate Network Inc., 1300 National Drive Suite 170

Fusion Real Estate Network Inc., Petition for§ 333 exemption. Page 2 of8Sacramento, CA 95834 (916)4483174 Email:ykvichko@myfusionrealestate.com

B. THE SPECIFIC SECTIONS OF 14 C.F.R FROMWHICH PETffiONER SEEKS EXEMPTION.
Petitionerrequests relieffrom 14 C

. F.R §§ 

### 21.171, 21.199 , 45.23(b), 61.23(a) and (c), 

### 61.101 (e)(4) and (5), 61.113(a) & 

### (b), 61.315(a), 91.7(a), 91.9(b), 91.103, 91.109, 91.119, 91.121, 91. 151(a) and (b), 91.203(a) (b), 91.401 , 91.405(A), 91.407(A)(l ), 91.409(a)(l) and (2), 91.417.

C. THE EXTENT OF RELIEF PETITIONERSEEKS AND THE REASONPETITIONERSEEKS THE RELIEF. Petitioner seeks reliefto the extent necessary to allow the petitioner to commercially operate a small, battery powered UAS to perform aerial data collection and photography for the pmpose ofmarketing real estate and to assist with real estate transactions. nus entails very low altitude flights, (well W1der 200 feet) and flight s ofvery short duration (no more than a few minutes).
Petitioner seeks reliefto the extent necessary to allow a PIC holding a sport pilot or higher level certificate, as well
as aU.S. driver's license, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for commercial pmposes for Petitioner

. Petitionersubmits that all flights ofthe 

### DnPHANTOM 3 Professional UAS, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to Petitioner's business; and (2) will not canypassengers or p roperty for compensation or hire.
Petitioner will ensure that the 

### Dll PHANTOM 3Professional UAS is in airworthy conclitionbased upon its compliance with the operating documents (i.e. 

### DllPHANTOM 3 PROFESSIONAL InstructionManual) prior to every flight, and fi.uther, determine that the aircraft are in conclition for safeflight.

D. THE REASONS WHY GRANTING PETITIONERREQUEST WOULD BE IN THE PUBLIC INTEREST; THAT IS, HOW ITWOULD BENEFIT THE PUBLIC AS A WHOLE. Granting the present Petition will fi.uther the public interest by allowing Petitionerto safely, efficiently, and economically perform various real estate-related functions, including the marketing and sale ofresidential and commercial real estate, property management, standing timber appraisal, real estate development, property inspections, and public relations. Adclitionally, use ofthe 

### DllPHANTOM 3Professional UAS will decrease congestion ofthe NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits ofPetitioner's proposed operation ofthe 

### DllPHANTOM 3 Professional UAS willbe realized without implicating any privacy issues.
1. The Public Will BenefitFromDecreased Congestion OfThe NAS.
The DllPHANTOM 3 Professional UAS is battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traclitionally utilized to obtain aerial imagery. By reducing the an1ount ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofa 

### Dll PHANTOM 3 Professional UAS would reduce the amount ofmanned aircraft inthe NAS , reduce noise and airpollution, as well as increase the safety oflife and property in tl1e air and on the ground

Fusion Real Estate Network Inc., Petition for§ 333 exemption. Page 3 of8Furthem10re, by reducing the number ofmmmed aircraft operating in the NAS, congestion around airports caused by aniving and departing air craft will be reduced. The DJI PHANTOM 3 Professional UAS does not require an airport to takeoffor land. Likewise, a reduction ofmanned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff , departure, anival, and landing phases offlight operations.
2

. The Public Will BenefitFrom The Safety And Efficiency OfTheDJI PHANTOM 3 Professional 

### VAS. Conducting aerial acquisitions with the DllPHANTOM 3 PROFESSIONAL UAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using batterypower m1d electric motors, tl1e Dll PHANTOM 3 Professional UAS produces no airpollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons perhour ofleaded aviation fuel. The Dll PHANTOM 3 PROFESSIONAL UAS, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric motors, ratherthan an internal combustion engine. By using the DllPHANTOM 3 Professional UAS's to perform aerial acquisitions, the substantial riskto life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced orcompletely eliminated. Aside from the lack offlight crew members located onboard the aircraft, the DllPHANTOM 3 PROFESSIONAL UAS (weighing approximately 2

.8pounds with length of 16 inches, width of 16 inches, height of8.5 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft tlmt typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan ofapproximately 42 feet, a lengtl1 of34 feet, and a fuel capacity of 180 gallons).
3. PerformingAerial Video and Photography Operations With TheDJIPHANTOM3 Professional UASs Will Benefit The Economy.
In addition to being safe and efficient, the DllPHANTOM 3 Professional UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DllPHANTOM 3 Professional UASs will allow United States based companies, like Petitioner, to renmin competitive and contribute to growth ofthe U.S

. economy. Specifically, with the rising cost ofaviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S

. owned and operated companies must adopt new and alternative technology in orderto remain competitive. Operating the battery powered Dll PHANTOM 3 Professional UASs is one such technology that not only allows commercial enterprises a greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofa traditional manned aircraft. By operating the DllPHANTOM 3 Professional UASs, companies such as Petitioner, can renmin competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultinmtely contribute to growth ofthe U.S. economy. Improved financial perfommnce ofU.S. companies, through conm1ercial use offue DllPHANTOM 3 Professional UAS, provides a stable workforce fuat increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.
4. There Are No Privacy Issues.

Fusion Real Estate Network Inc. , Petition for § 333 exemption
. Page 4 of8Petitioner's proposed operation ofthe DJI PHANTOM 3 Professional UASs will not implicate any privacy issues. Specifically, the DJI PHANTOM 3 Professional UAS will be operated only in compliance with its operating doclll11ents. It will only be operated at the request ofthe property owner , with permission ofthe property residents, and only for the purposes of photographing said property.
E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY, ORHOW THE EXEMPTION WOULD PROVIDE A LEVEL OF SAFETYAT LEAST EQUAL TO THAT PROVIDED BY THE RULE FROMWHICH PETITIONER SEEKS EXEMPTION.
The UAS will be used exclusively to film and photograph private residential real estate. The flights will be short in duration, less than 5 minutes, at low altitude (under 200 feet), and only at the permission ofthe occupant and owner of

the property. The UAS weighs less than 3 pounds and does not carry fuel and will be flown only by licensed pilots. This would be tremendously safer than using an actual airplane orhelicopter to complete these tasks. Furthermore it is not a hazardous activity, and does not present a serious safety risk.
TheDJI PHANTOM 3 Professional UAS has numerous safety features such as Failsafe mode, automatic landing should signal between PIC and UAS be interrupted, GPS based altitude and distance locks, Flight Linllts function and low battery warnings. Geo location locks so that flights in class A airspace and in restricted areas are not allowed by the operating software.
The DJI PHANTOM 3 Professional UAS does not create a hazard to users ofthe NAS or the public, orotherwise pose a threat to national security considering its size, weight, speed, and operational capability.
Petitioner will only utilize certificated pilots who possess a current and valid U.S. driver's license to act as a pilot in command (PIC) ofthe DJI PHANTOM 3 Professional UAS. Additionally, a safety observer will assist all pilots during flight time.
In seeking this exemption, Petitioner proposes to commercially operate the DJI PHANTOM 3 PROFESSIONAL UAS for the special purpose ofconducting aerial video and photography overcertain areas ofUnited States, pursuant to the following specific operating limitations:


### 1. Operations authorized by this grant ofexemption will be limited to the following aircraft described inthe operating documents, rotorcraft UASs weighing less than 3 pounds maximum gross weight: DJI PHANTOM 3 Professional Unmanned Aircraft Systems

.Proposed operations ofany other aircraft will require a new petition or apetition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the pUI]Jose of aerial video and photography. 3

. The UAS may notbeflown at an indicated airspeed exceeding 20 Irnots. 4. The UA must be operated at an altitude ofno more than 200 feet above ground level (AGL). 5. The UAs must be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 6. Theuse offirst person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO)

.The SO may beused to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all tin1es. Electronic messaging or texting is not permitted during flight operations. The PIC must be designatedbefore the flight and cannot transfer his orher designation for the duration ofthe flight. The PIC must ensure that the SO can perform the

Fusion Real Estate Network Inc., Petition tor§ 333 exemption. Page 5 of8functions pr escribed in the operating documents. 8. TI1e SO must not perfonn any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is n ot pem1itted to operate the
camera orother instrun1ents. 9. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for saf e flight. If

the inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 10. Any UAS that has undergone maintenance or alterations that affect the UAS operation orflight characterist ics, e.g. replacement ofa flight critical component, must undergo a fi.mctional test flight. The PIC who conducts the fi.mctional test flight must make an entry in the aircraft records. 

### 11. TI1epre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, orequipment, not already covered in the relevant sections of the operating documents. 

### 12. TI1e operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 13. TI1e opera tor must 

### carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating docume nts. Maintenance, inspection, alterations, and status of replacen1ent/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorized person returning the UAS to service. 14. Each UAS o peratedunder this exemption must comply with all manufacturer Safety Bulletins. 15. TI1e authorized person must make an entry inthe aircraft record ofthe corrective action taken against discrepancies discovered between inspections. 16. TI1e PIC mustpossess at l east a sportpilot certificate. 

### 17. The operatormay not permit any PIC to operate Wlless the PIC meets the operator's qualification criteria and d emonstrates the ability to safely operate theUAS ina manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. 18. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is req uired, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) arenot authorized

. 19. The UAS may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart Wlless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's CO A. The lette r ofagreement with the airport management must be made availabl e to the Administrator upon request. 20. If theUAS loses communications or l oses its GPS signal, it must return to a predetermined location within the planned operating area and land orbe recovered in accordance with the operating documents. 

### 21. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operatingdocuments. 22. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land theUAS with 25% battery powerremaining. 23. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UAS must comply with the Federal Communications Commission (FCC) or other appropriate

Fusion Real Estate Network Inc., Petition f or§ 333 exemption

. Page 6 of8govennnent oversight agency requirements. 24. 111e UAS must remain clear and yield the right ofway to all manned aviation operations and activities at all times. 25. The UAS may notbeoperated by the PIC from any moving device or vehicle. 26. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons ot11er than t11e PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: i. Barriers or structures are present fuat sufficientlyprotect nonparticipating persons from fue UAS and/or debris in tl1e event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are wit11in 500 feet offue UA, flight operations must cease inunediately and/or; ii. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted pennission and the PIC has made a safety assessment oftl1e risk ofoperating closer to those objects and determined iliat it does not present an undue hazard, and; iii. Operations nearer to t11e PIC, SO, operatortrainees oressential persons do not present an undue hazard to fuose persons per§ 91.119(a). 27. All operations shall be conducted over private or controlled-access property wiili permission from fue land owner/controller or autl10rized representative. Permission from land owner/controller or autl1orized representative willbe obtained for each flight to be conducted.

In accordance with Section 333 ofilie FAA Modernization and Reform Act of2012 (FMRA) and 14 C.F.R § 21.16 entitled Special Conditions, Petitioner requests iliat fue FAA prescribe special conditions for fue intended operation offue DJI PHANTOM 3 Professional UAS, which contain such safety standards that t11e Administrator finds necessary to establish a level ofsafety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113{a) & (b), 91.7 (a), 91.121, 91.151{b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation offue UAs for ilie limited purpose of conducting aerial video and photography over certain areas of fue United States for compensation orhire. FMRA Section 333 sets fortl1 fue requirements for considering whether a UAS will create a hazard to users of fue NAS or fue public, or oilierwise pose a threat to national security; and further, provides ilie auiliority for such UAS to operate wifuout airwortl1iness certification in accordance wiili any requirements that must be established for fue safe operation oftl1e UAS in fue NAS. Likewise, ilie Administrator may prescribe special conditions pursuant to 14 C.F.R § 21.16, for operation ofilie DJI PHANTOM 3 Professional UAS, since the airwort11iness regulations of 14 C.F.R Part 21 do not contain adequate or appropriate safety standards, due to the novel orunusual design features ofilie aircraft

. Section 21.16, entitled Special Conditions" states fue following: If ilie FAA finds that fue airwort11iness regulations oftllls subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, orpropeller because ofa novel or unusual design feature ofthe aircraft, aircraft engine orpropeller, he prescribes special conditions and amendments fuereto for the product. The special conditions are issued in accordance with Part 11 of tllis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as fue FAA finds necessary to establish a level ofsafety equivalent to that established in fue regulations.
See 14 C.F.R §21.16. Therefore, in accordance wiili FMRA Section 333 and 14 C

. F.R § 21.16, tl1e FAA may prescribe special conditions for intended operation offue DJI PHANTOM 3 Professional UAS, winch contains such safety standards that t11e Administrator finds necessary to establish a level ofsafety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113{a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)

Fusion Real Estate Network Inc., Petition for § 333 exemption. Page 7 of8(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b)

. F. A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERALREGISTER:
The Rules From Which Petitioner Seeks Exemption:
Fusion Real Estate, Inc., seeks exemption from the requirements of 14 C.F.R §§ 

### 21.171, 21

. 199, 45.23(b) , 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) & 

### (b), 61.315(a), 91.7(a) , 91.9(b) , 91.103, 91.109 , 91.119, 91.121, 91.151(a) and (b), 91.203(a) (b), 91.401, 91.405(A), 91.407(A)(l), 91.409(a){l) and (2), 91.417.
A BriefDescription OfThe Nature OfThe Exemption Petitioner Seeks:
Petitioner is a residential real estate brokerage located in Sacramento, California and serving its clientele by providing cutting edge marketing and media services

. On behalfofand incooperation with its clients, i t s principals, owners and affiliates, Petitionerengages in various real estate-related functions, including the marketing and sale of residential real estate

. Tllis exemption will permit Petitioner to operate an Unmanned Aircraft System (UAS) for the commercial pwpose ofconducting aerial video and photography for the development, management, marketing, surveying, appraisal and sale ofreal estate over certain areas ofthe United States.
G. ANY ADDffiONALINFORMATION, VIEWS, ORARGUMENTS AVAILABLE TO SUPPORT PETmONER'SREQUEST.
Tills request is similar in all material respects to relief previously requested inGrant ofExemption Nos

. 11062, 11109, 11112, and 11213.

Respectfully submitted

.

Fusion Real E st

ate Network Inc., Petition for* 333 exemption. Pogc 8 of8