Exem ption Request (Section 333)

Dwight A Myers, 4400 Riverport Rd. Raleigh, NC 27616 Section 333 Exemption Petition
01/07/2016

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, 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); 91.9(b) (2); 91.109; 119.121; 91.15(a); 91.203(a) & (b); 91.405(a); 91.407(a) (1);91.409(a) ( 2); 91.417(a) & (b) Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14C.F.R. Part 11, I, Dwight A Myers, owner and operator of Sm all Unm anned Aircraft Systems (UAS) that are equipped for aer ial photography, stills and video, of real estate listings, hereby applies for an
exem ption from

the listed Federal Aviation Regulations (FAR) to allow commercial operation of my UAS, so long as such operation is conducted within and under the conditions o utlined herein or as may be established by the FAA as required by Section 333. As described herein, I am the owner of Dwight A Myers Real Estate Photography, which would request to service the real estate industry in North Carolina, prim arily in the Ralei gh/Durham /Chapel Hill area. I’ve been providing professional real estate services to this area for over 10 years and have decided to provide realtors, home buyers and home sellers with better, more informativeExem ption Request

photos and videos using a camera attached to a small quadcopter. I have been flying lower grade model helicopters and quadcopters for approximately 2 years and more recently upgraded to the Yuneec Typhoon Q500+ with the intent to enhance community awareness for companies unfamiliar with the geographical layout of the Raleigh/Durham/Chapel Hill area, and enhance real estate listings with accompanying aerial photos and videos, upon approval by the FAA.
I am comm itted to safety, following all FAA regulations and using good common
sens e with each flight. Granting my request would agree 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 requirement for the safe operati on of such aircraft systems [UAS's] in the national airspace system under section 333 of the Reform Act specific to the use of UAS's for residential and commercial photography and real estate/realtor purposes. Further, I will conduct my operations in compl iance with the protocols described herein or as otherwise established by the FAA. I respectfully request the grant of an exemption allowing me to operate ultra light weight remote controlled UAS's for academic community awareness to benefit attraction to the Raleigh/Durham/Chapel Hill areas and to enhance real estate listing photos and videos for homeowners who cannot afford expensive manned aircraft for aerial photography. This would promote local economic growth and increased employment. It would also at tenuate heavy manned aircraft containing
com bustible fuel which poses a potential public hazard.
**Contact Information:** Dwight A Myers, Owner Dwight A Myers Real Estate Photography 4400 Riverport Rd. Raleigh, NC 27616
919

- 744

- 0390 dwight@dwightamyers.comExem ption Request

**Requesting exemptions from the following Sections of Title 14 of the Code of Federal Regulations:** 
14 CFR 21 14 CFR 45.23(b) 14 CFR 61.113(a) & (b)
14 CFR 91 14 CFR 407(a)(1) 14CFR 409(a)(2) 14 CFR 417(a) & (b) **Extent of relief requested:** This request is submitted in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs, operating to prevent one from producing commercial flight operations within the national a irspace 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 inter est to do so. My Yuneec Typhoon Q500+ quadcopter (UAS) meets the definition of "S ma ll Unm anned Aircraft" as defined in Section 331 and therefore the integration of this ultra light weight UAS is expressly contemplated by the Reform Act. I will not only be following all FAA regulations but additionally will be using sound safety common sense on a client by client, photo shoot by photo shoot basis. I will be operating my quadcopter no higher than an altitude of 10 0 feet. For safety reasons, if the unit does have a technical glitch (which is possible but highly im probable), I can flip a s witch on the remote, and it will return “ hom e ” and land within 10 feet of my position. Should I take my hands off of the controls at any point, the quadcopter will remain stable and in control by hovering in place. In addition to my pre

- flight checklist to ensure the unit is working properly, I will also confirm

that the unit will not be flying over people, near airports, or in winds that exceed 12 MPH. I am not a “ risk taker” or “thrill seeker.” I will be safelyope rating this unit in a professional manner to obtain ma rketable photos and/or

video of real est ate from an elevated position.

**Public Benefits:** Real estate marketing has a great need for aerial photography and videography which has been only partially fulf illed with fixed wing aircraft and helicopters. Fixed wing aircraft and helicopters are so much more expensive and dangerous than light

- weight, unmanned quadcopters. Most real estate agents and real estate owners that seek to sell their property and would desire such aerial photos and video could not before justify the expense. This would bring aerial photography and videography to many of those people. Granting my exemption request would further the economic impact of the Raleigh/Durham/Chapel Hill area by enhancing this area as a relocation site for companies and individuals desiring to relocate.

**Exemption Will Not Adversely Affect Safety:** I would hope to contribute to the innovation and implementation of new safety protocols in cooperation with the FAA. Below, I have submitted some of the current safety precautions and phenomena.
1. Operate in safe environments, away from power lines, light poles, airports, h elipads & actively populated areas, etc.

2. Conduct extensive pre

- flight inspections and go through a pre

- flight check list.

3. Always fly the unit in line of sight.

4. Always land prior to manufacturer recommended minimum battery power

. 5. Typhoon 500+ weighs approximately 5 pounds. For exact specs of entire unit go to https://www.yuneec.com/Specifications

- Ty phoon

- Q500plus 6. Operate UAS below 1 00 feet.

7. UAS operates for under 20

- 25 mi nutes per battery.8. UAS has a GPS flight safety f eature whereby it hovers and lands at a predetermined location if communication is lost with controller or battery is dangerously low.

9. Always obtain flight and filming permission from property owner. **Summary That FAA May Publish in the Federal Register A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and**  **The Lik e.**  14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary ai rworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of the UAS perm its exem

ption from

Part 21 because my UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is au thorized to
exem pt aircraft from

the airworthiness certificate requirements 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 t he airworthiness certificate requiremen t in consideration of the weight, size, speed, maneuverability and proxim ity to areas such as airports and dense populations. The Yuneec Q500+ meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airwo rthiness 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, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety flight m anual delineating areas of where safety can be defined. The FAA has previously issued exemptions to this regula tion 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 se nsor. 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 certifi cations and registrations.**B. 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 is, by definition, unmanned. It therefore does not have a cabin, c ockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such a small aircraft. I will mark the UAS with the largest possible lettering. The FAA has previously issued
exem ptions to this regulat ion through Exemptions Nos. 8738, 10167, 10167A and 10700. **C. 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 non

commercial operations. I can achieve an equival ent level of safety as achieved by current Regulations because my UAS does not carry any pilot or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of mu UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61 et seq. Thus, allowing operation of my UAS and meeting the safety levels in relation to 14 C.F.R. § 61.113 (a) & (b).
**D. 14 C.F.R. 91.119: Minimum Safe 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 100 AGL, safely below the standard of 200 AGL. I will only 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 m inim um safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or high er level of safety will be achieved. **E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections.**  The above

- cited R egulations require aircraft owners and operators to "have their aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph © of this section, have discrepancies repaired as prescribed in part 43 of this chapter..." These Regulations only apply to aircraft with an airworthiness certificate. T heywill not, therefore, apply to my UAS . However, as a safety precaution, I have

inspected 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 a nd 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 operations area of my UAS permits exem ption from Part 21 because my UAS meets 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 Secti on 333 of the Reform Act. Both pieces of legislation permit the FAA to
exem pt 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. M y 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, 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, m aintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent le vel of safety will be achieved. **In Summary, Dwight A 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); and 14 C.F.R. §§ 91.417 (a) & (b) to commercially ope rate my s ma ll unm anned UAS in community awareness and real estate operations, and to develop economic platforms for real estate to enhance the experience of those seeking to relocate to the Raleigh/Durham/Chapel Hill area. Current real estate aerial photog raphy and videography relies primarily on the use of larger aircraft running on combustible fuel, posing risk to the public. Granting my request for
exem ption will reduce current risk levels and thereby enhance safety. My UASaircraft does not contain pote ntially explosive fuel, is smaller, lighter and more

maneuverable than conventional real estate photography and videography aircraft with less flight time. Further, I will be operating at lower altitudes and in controlled airspace eliminating potential pub lic risk flying to and from established airfields. 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. I request that the FAA grant my exem ption request. Respectfully,

Dwight A Myers