Exemption 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 

Small Unmanned Aircraft Systems (UAS) that are equipped for aerial 

photography, stills and video, of real estate listings, hereby applies for an 

exemption 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 outlined 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, 

primarily in the Raleigh/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 informative 
Exemption 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 committed to safety, following all FAA regulations and using good common 

sense 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 operation 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 compliance 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 attenuate heavy manned aircraft containing 

combustible 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.com
Exemption 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 airspace 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 interest to 

do so. My Yuneec Typhoon Q500+ quadcopter (UAS) meets the definition of 

"Small Unmanned 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 100 feet. For safety 

reasons, if the unit does have a technical glitch (which is possible but highly 

improbable), I can flip a switch on the remote, and it will return “home” 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 safely 
operating this unit in a professional manner to obtain marketable photos and/or 

video of real estate from an elevated position. 

Public Benefits:

Real estate marketing has a great need for aerial photography and videography 

which has been only partially fulfilled 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, 

helipads & 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-Typhoon-Q500plus

6. Operate UAS below 100 feet.

7. UAS operates for under 20-25 minutes per battery. 
8. UAS has a GPS flight safety feature 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 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 operational area of the UAS 

permits exemption 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 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 the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and 

proximity 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 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 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 manual delineating areas of where safety can be defined. The FAA has 

previously issued exemptions to this regulation 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 sensor. 

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 certifications 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, cockpit 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 

exemptions to this regulation 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 noncommercial operations. I can achieve an equivalent 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 minimum safe altitudes. Given the size, weight, maneuverability and speed of 

my UAS, an equivalent or higher 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 Regulations 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. They 
will 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 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) 

(1). The size, weight and enclosed operations area of my UAS permits exemption 

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 

Section 333 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt 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. My 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, maintenance program that involves regular software updates and curative 

measures for any damaged hardware. Therefore, an equivalent level 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 operate 

my small unmanned 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 photography and videography relies primarily on the use of larger aircraft 

running on combustible fuel, posing risk to the public. Granting my request for 

exemption will reduce current risk levels and thereby enhance safety. My UAS 
aircraft does not contain potentially 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 public 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 exemption request. 

Respectfully, 

Dwight A Myers