Feb 29 16 02:58p West Michigan Home Inspec

2/18/2016 U.S. Department ofTransportation, Docket Operations Ground Floor, 

### Rm. Wl2-140 1200 New Jersey Ave, SE Washington, DC 20590 6164939400 p.1

StephenBrink 3134 Chamberlain Grand Rapids MI 49508 T:6164430946 steverbrink@gmail.com

Regarding: FAAExemptionRulemaking Section 333 ofthe FAAReformAct and Part 11- 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) 91AOS(a); 91.407(a) (1); 91A09(a) (2); 91A17(a) & (b) Dear Sir or Madam: West MichiganHome Inspectors LLC, is requesting exemption from the Federal Aviation Regulations ("'PARs") listed below and pursuant to the FAA Modernization and Reform Act of2012 and the procedures contained within 14 C.P.R. 11. in orderto commercially operate a small ultra light unmanned aircraft system ("UAS"), specifically the following UAS platforms will be used: DTIPhantomiU

Attachment I lists the technical specifications for each ofthe previously listed UAS(s). The Pilot In Command (PIC) will hold either an airline transport, commercial, private, recreational, or sport pilotcertificate. The PIC will also hold a currentFAA airman medical certificate ora valid U.S. driver's license issued by a state, the District ofColumbia,Puerto Rico, a territory, a possession, or the Federal government. West MichiganHome Inspectors LLC, would like to expand its operations, and wishes to add the followng photography/videography services.

• HomeInspections 

### > Specifically, it wishes to provide aerial imaging to its customers in need ofaerial photography/videography. With the advancement ofInternet technology and consumer adoption of shopping for properties online, the demand for high-resolution aerial graphics and video is unprecedented. In addition,it wishes to be able toFeb 29 16 02:58p West Michigan Home Inspec 6164939400 p.2 perform property (primarily root) inspections viaUAS.All UAS pertinent safety and risk management measures as specifiedin the FAA's Risk ManagementHandbook shallbecomplied with. A grant ofthe exemption request, by the FAA, would permit operation ofultra lightweight and unmanned UAS to operate in predetermined areas away from the general public, airports, heliports and vehicular traffic, primarily over individual properties/communities for the purpose ofrecording real-estate listings (photo/video). In summary and in accordance with this request ofexemption request as authorized and outlined bythe FAA under Section 333(c) ofthe ReformAct specified for use ofUAS' for "Real Estate" purposes,West Michigan Home Inspectors LLC will adhere to all FAAregulations at all times and shall conduct all flight operations in strict compliance and safety protocols as mandated and required by regulations and bestpractices. Respectfully, we request the grant ofexemption to operate ultra light weight, remote controlled UAS's for commercial purposes as described in this request and as allowable by law. This grant ofexemption will allow the company to offer such services to private andgovemement entities who have little to no experience piloting UAS's buthave a need to getimages that are only possible from 

### aUAS in order to compete within aneverdemanding technology driven market. West Michigan Home Inspectors LLC submits that this application has been preparedby Stephen Brink (owner ofWest Michigan Home Inspectors LLC) and not an attomey using his personal knowledge ofexisting FARs as well as utilizing excerpts from other similar applications and assistance from Mile High Drone Services. Consequently, ifStephen Brink has unintentionally omitted any relative FARs,West Michigan Home Inspectors LLC,humbly request 

### an opportunity to submit to those accidental omissions. The essence ofthis application is to declare that,West Michigan Home Inspectors LLC meets and exceeds the FAA's expected competency for piloting the listed UASs for commercial purposes and that the UAS that we specified earlier meets and exceeds the safety requirements as set forth by the Secretary ofTransportation thereby prompting the request for COAunder Section 333. 

### 1. ContactInfonnation: West Michigan Home InspectorsLLC Attn: Stephen Brink 3134 Chamberlain Grand Rapids MI49508 6164430946 steverbrink@gmail.com 

### 2. The Specific section(s) of 

### 14 C.F.R. seekingan exemptionfrom are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.P.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR417 (a) & (b). 

### 3. Theextent and reason ofrelief: West Michigan Home Inspectors LLC, is seeking relieffrom existing FARs that currentlyprohibit the use ofUASs from operating commercially for the purpose ofaerial photography/videography in accordance with the FAAModernization and Refom1 Act of2012 112 P.L. 95 § 331-334. The Reform Act Subtitle B: Unmanned Aircraft Systems- (Sec. 332) "Requires the Secretary to develop a plan to accelerate safely the integration by September 30, 2015, ofcivil unmanned aircraft systems (UASes, or drones) into the national airspace system." The companyhumblyrequests that it be allowed to commercially operate the listed UASs during the time period the FAAis further establishing mles andFeb 29 16 02:58p West Michigan Home Inspec 6164939400 p.3 regulations governing the operations ofsuch craft. The Secretary ofTransportation has been asked by Congress to, among otherthings, considerwhether certain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types ofUASs do not create a hazard to users ofthe National Airspace System orthe public orpose a threat to national securityin light ofthe following: The UAS's size, weight, speed, and operational capability; Operation ofthe UAS in closeproximity to airports and populated areas; and Operation ofthe UAS within visual line ofsight (VLOS) ofthe Pilot and VO Accordingly, all flights will be conductedby a PIC and aVO in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UASs" and with the following restrictions: All aircraft will be made with a UA Gross weight ofless than 

### 55 pounds All flights will occur only during daylight hours. All flights will occur at orbelow 400 feet AGL 

### 5 nautical miles from an airport having an operational control tower; or 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or 2 NM from an airport without a published instrument flight procedure or an operation tower; or 2 NM from a heliport with a published instrument flight procedure. For safety, no flight with winds over 10 mph. Flight only in GPS mode that allows UAS to hoverin place when radio controls are released. All operations to beconducted in GPS mode only. 

### 4. How therequest will benefit the public as a whole: Aerial photography is becoming a critical component ofthe way a company docs business. Aerial photography via UAS allows people to get a vantage point that never used to be possible or economically feasible. Itis muchtoo dangerous and expensive to hire a manned aircraft to take many aerial images thereby making the UAS option more cost effective aud safer. There simply is notenough UAS Pilots to coverthe demand for these images, which is leading to unlicensed UAS operators which ultimately results in untrained and unqualified operators. 

### 5. Reasons whythe exemption would notadversely affect safety; orhow the exemption would provide a level for safety atleast equalto the existing rule: An exemption would not adversely affect safety because this application applies only to aircraft characteristics and applications within FAA specified limitations. These limitations provide for at least an equivalent safety standard. However, the experience ofa certificated ratedpilot allows him/herto utilize his/her experience in UAS operations thereby exceeding safety and improving airspace operations by allowing aerial imaging clients to choose an pilot thatknows how to pilot an aircraft safely and within regulated limits. In addition, by providing unmanned services to the marketplace, there will be less ofa demand for manned operations, which will provide for safer and quieter residential aerial photography. In addition, inspecting roofs via UAS will reduce the risk ofpersonal injury because people who no longer have to walk on roofs which is inherently dangerous. As previously stated, ali flights will be conducted by a PIC and aVO in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UASs" and with the following restrictions:Feb 29 16 02:59p West Michigan Home Inspec 6164939400 All aircraft will be made with a UAGross weight ofless than 55 pounds All ft.ights will occur only during daylight hours. All flights will occur at orbelow 400 feet AGL 5 nautical miles from an airport having an operational control tower; or p.4

3 NM from an airport with a publishedinstrumentflight procedure, but not an operational tower; or 2 NM from an airport without a published instrument flight procedure oran operation tower; or 2 NMfrom a heliport with a published instrument flight procedure. Extensive, pre-flightbriefings are required between the PIC and the VO. A flight planis required priorto each flight. All aircraft operations mustbe conducted within manufacturerrecommended specifications. All site pennissions mustbe obtained priorto flight. 

### 6. A sununary the FAAmaypublish in

### the Federal Register: 14 C.P.R. 21 and 14 C.P.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)(l).The size, weight and enclosed operational area ofthe listed UASs permit exemption from Part 21 because the listed UASs meets (and exceeds) an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraft from the airworth.iness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 ofthe Reform Act. Bothpieces oflegislation pennit the FAAto exemptUAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. The current and projected UAS's meet or exceed each ofthe elements. 14 C.P.R. 91.7(a) prohibits the operation ofan 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.P.R.§ 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no onboardpilots orpassengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved bymaintaining such manuals on location with the Pilot. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738,9299, 9299A, 9565, 9565B, l0167, 10167A, 10602, l0700 and 32827. 14 C.P.R.§ 91.121 regarding altimeter settings is inapplicable insofar as all UAS utilizes electronic global positioning systems with a barometric sensor. 14 C.FR. 

### § 91.203 (a) and (b) provides for the carrying ofcivil aircraft certifications and registrations. They are inapplicablefor the same reasons described above. The equ.ivalentlevel ofsafety will be achieved by maintaining any suchrequired certifications and registrations with the Pilot. 14 C.P.R.§ 45.23: Marking ofThe Aircraft. Applicable Codes ofFederal Regulation require aircraft to be marked according to certain specifications. The listed UASs are, by definition, unmanned. They therefore do not have a cabin, cockoit orn11ot station em whir.h tn m**~rlr** rPrt!11n nrcrd Q orphr!tcoc.**Purlh<,>r~** 't"oVO inch 1vtt..:..L·iue; .i_.:, difficult to place on such small aircraft with dimensions smallerthat minimallettering requirement. The FAAhas previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167Aand 10700. 14 C.P.R.§ 61.113: Private PilotPrivileges and Limitations: PIC.Feb 29 16 02:59p West Michigan Home Inspec 6164939400 p.5
Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. The PIC can achieve an equivalent level ofsafety as achieved by currentRegulations because the listed UASs do not carry any pilots orpassengers. Further, the PIC possess an FAApilot certificate, which helps his remote control piloting skills and factors inhis experience in assessing any flight risks. The risks attended to the operation ofthe listed UASs are far less than the risk levels inherent in the commercial activities outlined in 14 CF.R. § 61, et seq. Thus, allowing the PIC to operate the listed UASs and meet and exceed current safety levels inrelation to 14 C.F.R. §61.113 (a) & (b). 14 C.FR.91.119: MinimumSafe Altitudes. 14 C.P.R.§ 91.119 prescribes safe altitudes for the operation ofcivil aircraft. 

### It allows helicopters to be operated at lower altitudes in certain conditions. The listed UASs will never operate at an altitude greaterthan 400ftAGL. The PIC will also operate the listed UASs in safe areas away from public and traffic, providing a level ofsafety at least equivalent to orbelow those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofthe listed UASs, an equivalent orhigher level ofsafety 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, aircraftowners and operators to "have [the] aircraft inspected as prescribed in subpartE ofthis part and shall between required inspections, except as providedin paragraph (c) ofthis section,have discrepancies repaired as prescribed in part43 ofthis chapter

... " These Regulations only apply to aircraft with an airworthiness certificate. They will not,therefore, apply to the listed UASs. However, as a safety precaution the UAS which will be used will be inspected before and after each flight.

In Summary: West Michigan HomeInspectors LLC,respectfullyrequest that the FAAgrant the exemptionrequest and further volunteer any information gathered during flights in the eventthe FAAis interestedin live field data. West MichiganHome InspectorsLLC, agrees and attests to adhere to any further limitations the FAA imposes, now orin the future. Satisfaction ofthe current criteria provided in Section 333 ofthe Refonn Act of2012- size, weight, speed, operating capabilities,proximity to airports and populated areas and operation within visual line ofsight and national security- provide more than adequatejustification for the gmnt ofthe requested exemptions allowing commercial operation ofthe listed UASs for commercial purposes. West Michigan Home Inspectors LLC looks forward to supportthe FAAand UAS community in its quest to establish properregulations and protocols for the safe introduction ofunmanned aircraft into the national airspace.

Stephen Brink West Michigan Home Inspectors LLC 3134 Chamberlain Grand Rapids MI 49508Feb 29 16 03:00p West Michigan Home Inspec 6164939400

Attachment 1 

### DJIPhantom lll (http://www.dji.com/product/phantom-3-standard/info)

Weight (including battery) 1216 g MaxAscent Speed 5 m/s MaxDescent Speed 3 m/s Max Speed 16 m/s (ATTI mode, no wind) p.6

Max Service Ceiling Above SeaLevel 6000 m (Software altitude limit: 120mabove takeoffpoint) Max Flight Time Approximately 25 minutes Operating Temperature O(C) to 40(C) Navigation system Built-in GPS