Submitted Electronically

April 22, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Petition for Exemption from 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 applying for an exemption from regulations detailed below in order to 

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 developed the 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 a fully-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 

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management, property management, marketing, leasing, and brokerage services. Sealy & 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 which the 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. 

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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 system 

which means that when the communication between the Main Controller and the transmitter 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 of the 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) of the 

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 determine which types 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) 

If the Secretary of Transportation determines that such operation of vehicles “may operate safely in the 

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/or The Administrator of the Federal Aviation 

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 of the Federal Aviation Act if the Administrator finds the exemption in the public interest. 49 USC 

section 44701 (f) see also 49 USC section 44711 (a); 49 USC 44704; 49 14 CFR 91.203 (a) (1). 

Operational and safety guidelines: 

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. 

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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 required to know and understand that 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 by the 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 immediately grounded and yield right of way should any manned aircraft come within 

an unsafe proximity of the sUAS. 

As known by the FAA, many sUAS operators and companies are currently flying 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 competitive 

advantage on the market through their illegal operation. The 120 day minimum time for review of this 

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. 

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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, 

proximity to airports and populated areas and operation within visual 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

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Appendix I

14 CFR Part 21 regarding aircraft certification requirements and procedures is designed for 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 our training for sUAS operators included in this document and petition far exceeds the 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 requirements for crew on board aircraft. While this is important to the safe flying 

of the sUAS it does not apply given its current language. We have included a similar, more comprehensive solution 

in our operational and safety guidelines, “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 

fully functioning 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 CFR 91.121 regarding altimeter settings. A barometric altimeter is not provided on any sUAS. However a GPS 

altitude indicator is displayed to the operator at all times during flight. While an exemption to this 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.