**1**

**Submitted Electronically** April 22, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

RE: Petition for Exemptionfrom 14 CFR Parts 61.113 (a) and (b) 14 CFR Parts 91.119 (c), 91.121, 91.151 (b), 91.405 (a) and (b), 91.407 (a) (1), 91.409(a) (1), 91.409 (a) (2), 91.417 (a) and (b), according to Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam: Sealy& Company, LLC (‘Sealy’) is applyingfor an exemptionfrom regulations detailed below in orderto conduct aerial photos and videos in Louisiana commercial real estate with an small unmanned aircraft system manufactured by DJI, Model Inspire 1.The manufacturer states that it has developedthe Inspire 1 for professional aerial filmmaking and photography. NAME OF PETITIONER Mr. Douglas Piper Sealy & Company, LLC 333 Texas Street, Suite 1050 Shreveport, LA 71101 As described more fully below, the requested exemption would permit the operation of a small, unmanned, and relatively inexpensive UAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow Sealy to conduct commercial operations of small unmanned aircraft systems meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333. Page 2 Sealy& Company is afully

-integrated commercial real estate investment and operating company. Sealy is a recognized leader in acquiring, developing, and redeveloping regional distribution warehouse, industrial/flex, and other industrial properties located primarily in the southeastern, south

-central, and southwestern United States. Sealy has in

-house capabilities that include investment, development, asset management, property management, marketing, leasing, and brokerage services. Sealy &**2**

Company plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of services, including:

 Aerial surveying  Event Photography/Videography  Real Estate Photography  Aerial filmmaking and photography 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 section 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 whichthe exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) & (b) 14 C.F.R. 61.3 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 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. (91.405, 407 (a)(1)(2), 409(a)(2), 417(a)&(b) Unmanned Aircraft Systems are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety.**3**

We are petitioning for exemption to enable Sealy to operate a DJI Inspire 1 equipped with a three

-axis camera gimbal and using a High

-Definition camera. This UAS has a built

-in capability to limit the radius of the distance it flies from the operator. The Inspire also has the failsafe function of the autopilot systemwhich meansthatwhenthe communication betweenthe Main Controller andthetransmitter is disconnected, the outputs of all command sticks from controller will go to the center position. If the GPS signal is good enough, the system will automatically trigger Return to Home and will land safely. Please refer to the included Inspire 1 Instruction Manual for the performance limitations and flight operations. Aircraft weight is 2935g (battery, 3

-Axis Camera Gimbal and Camera)

. A Pre

-flight inspection will be performed by the pilot in charge in accordance with the factory instruction manual. An added step will be the inspection ofthe propellers. A propeller will be replaced if it has any nicks and cracks with a manufacturers authorized propeller

. The UAS will be maintained in accordance with the manufacturer’s instruction manual and only manufacturer's authorized replacement parts will be used. This petition for exemption is submitted to fulfill Congress’ goal under section 333(a) through (c) ofthe reform act directing the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under section 332 of the reform act. In making this determination, the Secretary of Transportation is required to determinewhichtypes of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following: 1) The UASs size, weight, speed,and operational capability 2) Operation of the UASs in close proximity to airports and populated areas; and 3) Operation of the UASs within visual line of sight of the operator Reform Act Section 333 (a) Ifthe Secretary of Transportation determinesthat such operation of vehicles “may operate safely inthe national airspace system, the secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” ID section 333 (c) The Federal Aviation Act expressly grants the FAA the authority to grant exemption from it regulatory requirements for civil aircraft, as the term is defined under section 40101 of the federal Aviation Act which includes sUASs.The Secretary of Transportation and/orTheAdministrator of the FederalAviation Administration (acting on behalf of the Secretary of transportation) may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 ofthe FederalAviationAct iftheAdministratorfindsthe exemption inthe public interest.49 USC section 44701 (f) see also 49 USC section 44711 (a); 49 USC 44704; 49 14 CFR 91.203 (a) (1). The public would benefit by having an opportunity to use the footage for their use. We can partner with the ShreveportTimes and other media outlets and allowthemto usefootage wetake. Recentlywe had a flood in our area and having a drone to capture and give updates on the conditions would improve public safety and clearly communicate the dangersof this event. Operational and safety guidelines:**4**

The sUASs will operate below 400 feet above ground level and have a built in capability to restrict altitude. The distance the sUAS flies from the ground operator and restriction of flights in class B, C, and D airspace, including no fly zones shall be included in the software and hardware features. The sUAS has a built in failsafe to return to it point of launch should connection be disabled between the control and sUAS. The sUAS will return to its point of launch should the battery level fall below a safe level (25%). The sUAS will go into hover mode holding at a stationary point in space should the operator become incapacitated or unable to use the controls at any time during the flight, eventually safely returning to its point of launch and landing safely. The sUAS will only be operated in line of sight from the operator The approximate maximum flight time of the sUAV will be 22 minutes The sUAS will not exceed 55 lbs. nor will it exceed a maximum speed of 22m/s The sUAS operators will be required to attend and complete Sealy & Companies course on safety, regulation, privacy, and flight.

 Safety to the public and property will be of the highest priority when training operators.  All operators will be required to fully know and understand the regulations for flight as set forth in this petition and the FAA’s regulations.  All operators will be requiredto know and understandthat Sealy& Company will in no way use its sUASs to conduct surveillance, spy, or in any way violate the expectation of privacy of anyone. All photography will be of landscape and structures in “Plain View” of the public.  All operators will undergo extensive training on software use, preflight inspection, start up, and take off, landing, safe navigation and emergency operation.  All operators will be required to provide a written description in a provided log of each flight to include detailed preflight check list of sUAS components including battery charge, weather conditions, purpose of flight, area hazards prior to take off, and flight time.  No sUAS will take flight with any mechanical, electrical, or software deficiency.  The sUAS operator will have the flight and operation manual provided bythe manufacturer in his possession during all flights.  The sUAS will have navigational lighting to be visible by the operator at all times to determine location and orientation.  The sUAS will at no time create a hazard to the National Airspace System or to the public. The sUAS shall be immediatelygrounded andyield right ofway should any manned aircraft comewithin an unsafe proximity of the sUAS. As known bythe FAA, many sUAS operators and companies are currentlyflying commercially WITHOUT the required exemption from the FAA. This creates a substantial burden on Sealy, its employees, and other companies operating within the FAA’s regulations and restrictions. Unless the petition presented and requested herein is granted the burden on Sealy will cause its dissolution and collapse as Sealy is not willing to operate outside FAA regulations in concern for the safety of the public. Furthermore, the vast majority of companies operating outside of the FAA’s regulations are gaining a significant**5**

competitive advantage on the market through their illegal operation. The 120 day minimum time for review ofthis application is unreasonable and creates an unjust burden on Sealy.Therefore Sealy herby requests that the Administrator of the Federal Aviation Administration expedite this request for exemption. Time is of the essence. Sealy & Company respectfully requests that the FAA grants the exemption request. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

--size, weight, speed, operating capabilities, proximityto airports and populated areas and operation withinvisual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in aerial photography and cinematography for the real estate industry. Sincerely, Douglas Piper Sealy & Company

# Appendix I

**14 CFR Part 21** regarding aircraft certification requirements and procedures is designedfor manned aircraft and is not suitable for off the shelf sUASs. **14 CFR**  **45.23 (b)**  requiring aircraft to be marked in 2” to 6” lettering is impossible, there is not sufficient space on the sUAS. **14 CFR**  **61.113 (a)**  **& (b)**  limiting pilots to non-commercial operations, referring to the PIC. The sUASs will not carry a pilot, a passenger, or cargo for compensation or hire. The operators training from the manufacturers manual creates a higher level of safety for the public as a Commercial Pilot’s certificate in no way provides specific safe operational training of a remote controlled sUAS tethered to the operator on the ground. **14 CFR**  **61.3** requiring a pilot certification. Pilot certification is designed for manned aircraft, The operators training from the manufacturers manual creates a higher level of safety for the public as a Pilot’s certificate in no way provides specific safe operational training of a remote controlled sUAS tethered to the operator on the ground.A description of ourtrainingfor sUAS operators included inthis document and petitionfar exceedsthe minimal safety provided by a pilot certification when applied to sUASs. **14 CFR**  **91.7 (a)**  Civil Aircraft Airworthiness requirements. No airworthiness certificate is available for this aircraft. The sUASs will not be modified and will be inspected prior to any flight as outlined in this petition. **14 CFR 91.9 (b) (2)** requires that the flight manual be available in the aircraft. Given the size and the fact that the aircraft is unmanned this rule cannot apply in its current language. However, as outline in this petition, the flight manual will be in the possession of the operator during any flight. **14 CFR 91.103** preflight action requirementsfor crew on board aircraft.Whilethis is importanttothe safe flying of the sUAS it does not apply given its current language. We have included a similar, more comprehensive solution in our operational andsafetyguidelines, “All operators will be required to provide a written description in a provided log of each flight to include detailed preflight check list of sUAV components including battery charge, weather conditions, purpose of flight, area hazards prior to take off, and flight time.” **14 CFR**  **91.109** requiring that no person shall operate a civil aircraft for flight instruction unless the aircraft has fullyfunctioning dual controls. SUASs and Remote controlled aircraft by design do not have dual controls,to do so on a radio controlled aircraft would lower the ability to safely operate the sUAS. This section cannot reasonably apply. **14 CFR**  **91.119** designating minimum safe altitudes. The sUASs operated by Sealy will not exceed an altitude of 400 feet. This is below the altitude designated in this section. Also given the size, weight, and speed of the sUAS, the line of sight rule when operating, and the overall safeguards and restrictions in flight outlined in this petition maintain a higher level of safety to the public.**14 CF R 91.121**  regarding altimeter settings.A barometric altimeter is not provided on any sUAS. However a GPS

altitude indicator is displayed tothe operator at alltimes during flight. While an exemptionto th is regulation is requested a modification to meet the current technology of the sUASs would be acceptable. **14 CFR**  **91.151 (a)**  Fuel requirements for flight. The maximum flight time under ideal conditions is 30 minutes with the current manufacturers battery pack. The proposed rule under the Operation and Safety guidelines in this petition requiring the sUAS to return to its point of launch if its battery reaches less than 25% provides a higher standard of safety when applied to sUASs. **14 CFR**  **91.203(a) &**  **(b)** requiring that a civil aircraft certificate and registration be displayed at the cockpit entrance cannot apply to sUASs, there is no cockpit and the size limitations prevent this. **14 CFR 91.205** refers to cockpit instruments and cannot reasonably apply to sUASs as there is no cockpit. **14 CFR 91.215** requiring a transponder cannot reasonably apply to sUAVs operated by Sealy because they will be operated below ATC radar capabilities as outlined in this exemption request. **14 CFR**  **91.405, 14**  **CFR 407**  **(a) (1)**  **(2), 14**  **CFR 409**  **(a) (2),**  **14 CFR**  **417 (a)**  **& (b)**  referring to maintenance, preventive maintenance, and alterations to the sUAV. The operator will provide minor maintenance and inspection to the sUAV, documented as outlined in the operational and safety guidelines. Given the size and simplicity of the sUAV combined with the operational and safety guidelines outlined in this petition the operator can maintain or exceed the required level of safety.