November,15 , 2015

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12140 1200 New Jersey Avenue, SE., Washington, DC 20590

**Re:** Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b) ; 14 C.F.R. Part 21 ; 14 C.F.R. 61.113(a)&(b) ; 91.7(a) ; 91.9(b) (2) ; 91.103(b) ; 91.109 ; 119.121 ; 91.151(a) ; 91.203(a)&(b) ; 91.405(a) ; 91.407(a) (1) ; 91.409(a) (2) ; 91.417(a)&(b)

Dear Sir or Madam,

I, Toby L. Myers, am writing pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. part 11, to request that I, Toby L. Myers an owner and operator of a small unmanned aircraft, be exempted from the Federal Aviation Regulations ( “ FAR s ” ) listed below so that I, Toby L. Myers, may operate my small lightweight unmanned aircraft system ( “UAS ” ) commercially in airspace regulated by the Federal Aviation Administration ( “ FAA” ).

THE UNMANNED AIRCRAFT SYSTEM (UAS): A lightweight, battery operated 4motor rotorcraft in the form of a quadcopter that takes off and lands vertically, manufactured by yuneek which carries:

● An onboard flight computer with GPS navigation and location ability that receives signals for flight controls from a ground base d transmitter/controller

● An onboard camera capable of capturing imagery in the form of full color, high definition still photos and video ;

● An onboard telemetry system that delivers flight data from the on board flight computer to the onboard radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site ;

● A 2.4 Ghz onboard radio transmitter that transmits live video from the on board camera plus all the flight data from the telemetry system described above.

I, Toby L. Myers, am a videographer within the State of Colorado ; with extensive experience operating UAS ’ s Along with several other types of quadcopters, I have owned and operated other UAS ’ s and have accumulated many hours of flight time during recreational flights since the technology first became available without incident. I have always been committed to safety with each flight.

My, Toby L. Myers's , exemption request would permit operation of a lightweight, unmanne d (piloted by remote control) UAS in tightly controlled and limited airspace. Predetermined in areas away from general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner real esta te listing videos/photos. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, Toby L. Myers , have personally instilled safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific to real estate video and photography usage as I, Toby L. Myers

, Shall record flight data and other information gained through permitted flight operations to share with the FAA at their request, through any required FAA reports to assist with future protocol and safety regulation.Granting my, Toby L. Myers , request comports with the Secretary of Transportation’ s (FAA

Administrator’ s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “ ...establish requirements for the safe operation of such aircraft systems [UAS's] in the nati onal airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate/Realtor purposes. Further I, Toby L. Myers , will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA. For the reasons stated below I, Toby L. Myers , respectfully request the grant of an exemption allowing me to operate lightweight, remote controlled UAS ’ s for academic community awareness to benefit/stimulate attraction to the area and to enhance real estate listing videos for homeowners and commercial ventures who cannot afford expensive manned aircraft for the same purpose. Both of whichwill promote local economic growth through increased employment and increased tax base. Both with public safety in mind by using my, Toby L. Myers's , lightweight UAS as an alternative to flying heavier manned aircraft containing combustible fuel that could pose a potential public hazard that can cause catastrophic devastation to the public.

**I. Contact Information :**  Toby L Myers 2207 Kay St. Longmont CO 80501 Cell : ( 720)641

- 1554 Email: Cheapshotfilm@aol.com

**II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Toby L. Myers**  **Requests Exemption are:** 14 CFR 21 ; 14 C.F.R. 45.23(b) ; 14 CFR 61.113 (a) & (b) ; 14 C.F.R. 91, et seq. ; 14 CFR 407 (a) (1) ; 14 CFR 409 (a) (2) ; and, 14 CFR 417 (a) & (b).

**III. The Extent of relief Toby L. Myers**  **seeks and the Reason He Seeks Such Relief:** I, Toby L. Myers , submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331334, seeking relief from any currently applicable FARs operating to prevent me, Toby L. Myers

, contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public ’ s interest to do so. My, Toby L Myers's , lightweight UAS meets the definition of “ small unmanned aircraft” as defined in S ection 331 and therefore the integration of my lightweight UAS is expressly contemplated by the Reform Act. I would like to operate my lightweight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craf t. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's ; Whether the UAS will be operated near airports or heavily populatedareas ; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of

these items reflect in favor of an exemption for me, Toby L. Myers . My UAS utilizes four (4) counterrotating propellers for balance, control and stability. My UAS is equipped with GPS and auto return safety techno logy. Weighing less than five (3 ) pounds (far below the maximum 55 pound limit) ; including camera with gimbal

. I, Toby L. Myers , consider safety as foremost with each flight. My small unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 16 kph (10 mph). Built in safety systems include a GPS mode that allows my UAS to hover in place when radio controls are released. With three modes to choose from, I utilize the Smart Mode for aerial videography/photography. including the built in 

### No Fly Zone feature also preventing flight above 400 feet from the ground and the built

- in GPS that establishes a 26 ft (8 m) diameter Smart Circle around the pilot when taking off and landing and also creates a Geo Fence that keeps the aircraft from traveling farther than 300 ft (91 m) from the pilot's position.. This is the safest, most reliable and stable mode to prevent accident and hazard . When pilot communication is lost UAS is designed to slowly descend to the point of take off. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within fifty to one hundred (50100) yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft

may approach near my location. My UAS is capable of vertical and horizontal operations, and are flown only within my line of sight of me, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between three (8) to seven (12 ) minutes, with an altitude under one hundred fifty ( 3 00 ) feet. I, Toby L. Myers , utilize a fresh fully charged smart battery with each flight as a safety precaution; full flight time l imit for each battery is nine (18 ) to twelve (24 ) minutes as tested. I do not operate my UAS at or below manufacturer recommend minimum charge levels for operation ; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash, that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. I have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics o f this specific UAS's performance under different temperature and weather conditions in the interest of safe operations

. I, Toby L. Myers , am extremely cautious when operating of my UAS lightweight unmanned aircraft and will not “ create a hazard to users of the national airspace system or the public. ” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress ’ s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Toby L. Myers's UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

**IV. How Toby L. Myers's**  **Request Will Benefit the Public As A Whole:** Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget real estate companies and average homeowners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford toabsorb such expense. Depriving Standard homeowners , commercial property and lower budget Realtors

from a valuable marketing tool. Manned aircraft pose a threat to the public through potential Operational or System failures that due to size may crash resulting in fire or loss of life. My, Toby L. Myers's , UAS pose no such threat since size and lack of combustible fuel alleviates any potential threat to the public. Congress has already proclaimed that it is in the public ’ s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting my, Toby L. Myers , exemption request furthers the public interest through academic/visual awareness of the geographical benefits in Longmont Colorado and surround area. My lightweight UAS is battery powered and creates no emissions that can harm the environment. The consequence of my lightweight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public. The public ’ s interest is furthered by minimizing ecological and crash threat by permitting aerial

video/photo capture through my battery operated lightweight UAS's. Permitting me to immediately fly within national air space furthers economic growth. Granting my Toby L. Myer’ s exemption request substantially furthers the economic impact for the community and also for companies looking to relocate or build in these area as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community.

**V. Reasons Why Toby L. My**  **ers's Exemption Will Not Adversely Affect Safety Or How The**  **Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:** My, Toby L. Myer’ s, exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting me, Toby L. Myers , to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for Realtors that can be embraced by the National Association of Realtors, and for development in cooperation with the FAA. In addition I, Toby L. Myers , submit the following representations of enhancements to current aerial videography and photography for real estate and construction :

● My UAS weighs less than 3 pounds complete with a small ultra lightweight high quality 4K

camera ;

● I only operate my UAS below 3 00 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012) ;

● My UAS only operate for 18 minutes per flight ; I land my UAS prior to manufacturer recommended minimum level of battery power;

● I pilot my UAS through remote control only by line of sight;

● My UAS has GPS a flight safety feature whereby it hovers and then slowly lands i f communication with the remote control pilot is lost;

● I actively analyze flight data and other sources of information to constantly update and enhance safety protocols ;

● I only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas ;

● I conduct extensive preflight inspections and protocol, during which safety carries primary importance ;

● I always obtains all necessary permissions prior to operation; and,

● I have procedures in place to abort flights in the event of safety breaches or potential danger. My, Toby L. Myers ’ s, safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of c ommercial UAS into our nationalairspace system, helicopters are the primary means of aerial video and photography for

community awareness, real estate and construction . While the safety record of such helicopters is remarkably astounding, there has been incidents involving loss of life as well as extensive property damage ; it is far safer to operate a battery powered lightweight UAS.

● First, the potential loss of life is diminished because UAS's carry no people on board and I only operate my UAS in specific areas away from mass populations.

● Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished.

● Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quickly and safely.

● Lastly, given its small size and weight, even when close enough to capture amazing images, my UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom. Accordingly, my UAS has been experimentally operated for familiarization/competency and will Designed to operate at and above current safety levels.

**VI. A Summary The FAA May Publish in the Federal Register:** 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my, Toby L. Myers's , UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity
to areas such as airports and dense populations. My, Toby L. Myers's , current and projected UAS's meet or exceed each of the elements. 14 C.F.R. 91.7(a) 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 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined.10 The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and regis trations by

me, Toby L. Myers

. 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS are, by definition, unmanned. They therefore do not have a cabin,

co ckpit or pilot station on which to mark certain words or phrases. Further, two inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark its UASs in the largest possible lettering by placing theword “ EXPERIMENTAL ” on its fuselage as required by 14 C.F.R. § 45.29 (f) so that I the pilot, or

anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. I, Toby L. Myers , can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Toby L. Myers , to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. § 61.113 (a) & (b). 14 C.F.R. 91.119: Minimum S afe Altitudes 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 300' AGL ; safely below the standard of 400 AGL. I, Toby L. Myers , will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight , maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved. 14 C.F.R. 91.405 (a) ; 407 (a) (1) ; 409 (a) (2) ; 417(a) & (b): Maintenance Inspections. The above cited Regulations require, amongst other things, aircraft owners and operators to

“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. .

. . ” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, Toby L. Myers' s , UAS. However, as a safety precaution I inspect my UAS before and after each flight. A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my, Toby L. Myers's , UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to

exem pt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in considerati on of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) 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 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program th at involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. **In summary, Toby L. Myers**  **seeks an exemption from the following Regulations:** 14 C.F.R. 21, subpart H ; 14 C.F.R. 45.23(b) ; 14 C.F.R. §§ 61.113 (a) & (b) ; 14 C.F.R. § 91.7 (a) ; 14 C.F.R. § 91.9 (b)(2) ; 14 C.F.R. § 91.103(b) ; 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) and (b) ; 14 C.F.R. § 91.405 (a) ;14 C.F.R. § 91.407 (a)(1) ; 14 C.F.R. § 91.409 (a)(2) ; 14 C.F.R. § 91.409 (a ) (2) ; and, 14 C.F.R.

§§ 91.417 (a) & (b) to commercially operate my, Toby L Myers's , UAS in community

awareness, real estate operations and construction , and to develop economic platforms for real estate to enhance the experience of those seeking to relocate to the area. Currently, area awareness and real estate aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my, Toby L. Myers's , request for exemption will reduce current risk levels and thereby enhance safety. My UAS craft do not contain potentially explosive fuel, is smaller, lighter and more maneuverable than

conventional real estate video and photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established airfields. I, Toby L. Myers , have been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for commercial video usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board my, Toby L. Myers's , UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. My, Toby L. Myers's , operation of my UAS, weighing less than 3 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, Toby L. Myers , respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully Submitted

Toby L. Myers