To whom it may concern, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), P .L. 112-

95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F.R. Part 11, I, Kyle Handy, providing 

real estate and construction photography and videography services, seeks an exemption from the 

Federal Aviation Regulations ("FARs") and listed below: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 

14 C.F.R. 45.29 

14 C.F.R. 61.3 

14 C.F.R. 61.23 

14 C.F.R. 61.113(a) & (b) 

14 C.F.R. 61.133(a) 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.9 

14 C.F.R. 91.109(a) 

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 

14 C.F.R. Subpart E (91.401 - 91.417) 

The requested exemption would authorize commercial operations using the UAV for real estate and 

construction photography and videography. These operations will be subject to strict operating 

conditions defined by the UAV manufacturer’s standards and procedures in order to ensure at least an 

equivalent level of safety to currently authorized operations using manned aircrafts. 

Upon receipt of the exemption contemplated herein, I shall, if required, obtain a Certificate of Waiver or 

Authorization (COA) form the FAA Air Traffic Organization prior to conducting operation(s) in the NAS. 

Proposed Use

The main use of this UAS would be taking photos and videos for live sporting events and real estate 

photography. The UAS systems that I plan to use is a DJI PHANTOM 2 PROFESSIONAL and will be 

referenced in this document. 

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by always 

flying the UAS within visual eye contact, less than 400 ft above ground and never directly above persons 

or public places. The orientation of flights will be such that the pilot in command (PIC) always has a 
visual on the rear mounted LED flight Indicator. Additional safety features on the DJI PHANTOM 2 

PROFESSIONAL include, return to home, low voltage, enhanced failsafe along with operating in the less 

populated 2.4-2.483 GHZ frequency range. 

2. Pre-flight inspection would be checking battery condition/level in both the transmitter and UAS. The 

binding/link feature will not let the UAS start if communication is not established. A check for 

powerlines, antennas and other overhead objects would be performed. Wind conditions would be 

monitored and be a factor for flying. 

3. The radio frequency of the DJI PHANTOM 2 PROFESSIONAL are in the 2.4 - 2.483 GHZ range. The 

maximum take-off weight less than 1200g. Max Ascent speed is 5 m/s, and the Max Descent speed it 3 

m/s. The Maximum flight Velocity is 16 m/s. The cruise speed is 5 m/s. 

4. The PIC will be only Kyle Handy who has been an RC Aircraft hobbyist for 9 years. Testing, updating 

and programming the DJI PHANTOM 2 PROFESSIONAL firmware would be done on a monthly schedule 

5. The intended use of this DJI PHANTOM 2 PROFESSIONAL is to expand my real estate business by 

offering aerial photography to clients who wish to market and list their home for sale. 

6. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata 

recorded on a hard drive and backed up to cloud storage services. This data would be kept readily 

available for a period of 1 year after each aerial flight for hire. 

7. The proposed flight time will be the lesser of 30 minutes or the time-duration of the UAV battery. 

If planned operation requires, I will also file for a Certificate of Waiver or Authorization (COA). In the 

event that a COA request is not granted the petitioner would ask that this request for exemption still be 

granted with a conditional use. The DJI PHANTOM 2 PROFESSIONAL will never be flown in the flight path 

of manned aircraft. The first condition listed to always keep visual eye contact on the 22mm LED flight 

indicator is probably the most important. My main objective is to offer aerial real estate at a competitive 

rate for the general public in the safest way possible. 

Public Interest: 

Granting my request would be in public interest by giving an opportunity for real estate photographers 

to offer safer and more competitively priced aerial photography to the general public. 

This exemption would not adversely affect the safety of the general public due to the size, weight, and 

keeping of the UAS in visual sight. The safety mechanisms of the herein described UAS provide further 

protections when the PIC is no longer in control of the UAS. In comparisons to aerial photography from 

manned aircraft, low altitude photography from a UAS would be safer and have less of an environmental 

impact. 

Thank you, 

Kyle Handy 

210-218-7801

25298 IH-10W, Ste. 3,
San Antonio TX, 78257 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES 

SUBJECT TO EXEMPTION 

Kyle Handy requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of the DJI Phantom 2 Professional ("UAV”): 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled 

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR§ 91.203(a). Given the size of the UAV, they are very light weight and the 

limited operating area associated with their utilization, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS 

involved. An analysis of these different criteria demonstrates that the UAV operated without an 

airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or 

safer, than a conventional aircraft with an airworthiness certificate. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; 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. Given the size of the UAVs, 

this requirement is impossible to match. 

14. C.F.R. §61.23: Medical certificates: Requirement and duration 

Regulations provide that a person:

(1) Must hold a first-class medical certificate: 

a. When exercising the pilot-in-command privileges of an airline transport pilot certificate; 

b. When exercising the second-in-command privileges of an airline transport pilot 

certificate in a flag or supplemental operation in part 121 of this chapter that requires 

three or more pilots; or 

c. When serving as a required pilot flight crewmember in an operation conducted under 

part 121 of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising: 

a. Second-in-command privileges of an airline transport pilot certificate in part 121 of this 

chapter (other than operations specified in paragraph (a)( 1 )(ii) of this section); or 

b. Privileges of a commercial pilot certificate 
Given the size of the UAV, its structure, the limited flight area, and the safety features integrated in the 

autopilot (among others a flight termination system), Kyle Handy believes that an Equivalent Level of 

Safety can be reached if the operator has a valid driver's license. 

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in Command; 

Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft 

of the United States, unless that person: 

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that 

person's physical possession or readily accessible in the aircraft when exercising the privileges of that 

pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot 

license issued by that country may be used. The regulation provides also 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 private pilot 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; 

 (3) The aircraft does not carry passengers or property for compensation or hire. 

Given the safety features of the UAV, Kyle Handy proposes that operators of the UAV should not be 

required to hold a commercial or private pilot certification. The equivalent level of safety will be 

achieved by having an operator trained UAV manufacturer, and using the integrated features of the 

aircraft to maintain a high level of safety during the different missions. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular 

UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements 

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in In close 

proximity to the operator. The equivalent level of safety will be provided by having the UAV marked on 

its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAV will see 
the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 91.109(a): Flight Instruction 

The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The equivalent level of safety during 

the in-flight training will be achieved by the manufacturer or affiliate providing the training as described 

in the manufacturer's training program and through the use of experienced and qualified instructors 

familiar with the UAV. 

14 C.F.R. § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests authority 

to operate at altitudes up to 400 AGL, It will however be operated in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without their preobtained 

consent. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

as the location where it is operated. No flight will be taken without the permission of the property 

owner or local officials. Compared to flight operations with aircraft weighing far more than those 

proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than 

those presently presented with conventional aircraft. 

14 C.F.R. 91.121: Altimeter settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set" ... to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." As the UAV may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption is requested. An equivalent level of safety will be achieved by the operator 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): 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. As the UAVs are electric-powered, this requirement is inapplicable. In any event, given the 

contemplated operations, Kyle Handy believes that an equivalent level of safety is already achieved with 

the specific procedure preventing the UAVs accepting a take-off order if the battery level is below a 

given value. Moreover, the manufacturers have integrated low and critical battery level warnings and 

implemented a "return to home" action in these situations. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows: 

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness 

certificate. 

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section or a special flight authorization issued under §91. 715 is displayed at the cabin 

or cockpit entrance so that it is legible to passengers or crew. 
An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAV will have immediate access to them, to the extent they are applicable to 

such UAV. The FAA has issued numerous exemptions to this regulation. A representative sample of 

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. Subpart E (91.401 - 91.417): Maintenance, Preventive Maintenance, and Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91 .409 require 

the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance 

and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness 

certificate. Section 91 A 17 requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed 

pilots and records of approval of the aircraft for return to service. Kyle Handy proposes that the 

maintenance of the UAVs will be accomplished by himself, as the owner of the UAVs, according to the 

manufacturer supplied user manual. Given that these section and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to the applicant Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook as referenced 

herein. An equivalent level of safety will be achieved because these small UAVs are very limited in size 

and will carry a small payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise the UAV can land immediately and will be operating from no higher than 400 

feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition 

to provide the equivalent level of safety.