1 Myrealtor Group, LLC, Dayton, Ohio 333 Exemption Petition 

# William F. McDonough Attorney at Law, LLC 35888 Center Ridge Road, Unit 3 North Ridgeville, OH 44039 Phone: (440) 327

- 1542 Facsimile: 440

- 327

- 1542 Email: TricountylawOhio@gmail.com Website: www.dronelaw.us October 22 , 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 Re: **Exemption Request**  **Section 333**  **of the**  **FA A**  **Reform Ac** **t of**  **the Federal**  **Avi ation**  **Regulations from**  **14 C.F.R.**  **45.23(b); 14**  **C.F.R. Part**  **21; 14**  **C.F.R. 61.113(a)&** **(b); 91.7(a);**  **91.9(b) (2);**  **91.103(b); 91.109;**  **119.121; 91.151(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 14 C.F. R. Part 11, Myrealtor Group, LLC (" Myrealtor Group” ), is a professional real estate fi rm, and hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems (''sUASs") for aerial photography and videography, so long as such operations a re conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. As detailed in this document and the attached Manual, the requested exemption would permit the operation of s UAS under controlled conditions i n airspace that is 1) limited 2) predetermined 3) controlled as to access , and 4) would provide safety enhancements to the already best practices safety protocols followed by Myrealtor Group at each one of its aerial photography s ites. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act. The name and address of the applicant is: Myrealtor Group, LLC Dakota D. Shannon, President Realtor, Keller W illiams Advantage 4417 State Route 725 Dayton, OH 45305 Office: 937

-601

-8827 Email: dakota@myrealtoroh.com Website: dakotasells.com2 Myrealtor Group, LLC, Dayton, Ohio 333 Exemption Petition Myrealtor Group is writing pursuant to the FAA modernization Reform Act of 2012 procedures contained with 14 C. At. Art. 11, to request that Myrealtor Group, the owner and operator of a small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARS”) listed above , so that it may o perate its ultralight weight unmanned aircraft system (“UAS”) commercially, in airspace regulated by the Federal Aviation Administration (“FAA”)

. As described herein , the Petitioner, Myrealtor Group’s President, Dakota D. Shannon, is a licensed realtor and entrepreneurial , operating a real estate firm that provides marketing and consulting services to individuals, as well as private and public entities. President Shannon has completed pilot ground school from Sinclair Community College and will be tested in the near future **( Copy**  **Sinclair Community**  **College’s Ground**  **School Final**  **Grades are**  **At tached**  **as Exhibit**  **I )** 

. Additionally, Mr. Shannon is experienced in flying hobby aircraft for recreational purposes. Myrealtor Group has added a DJI Phantom 3 Professional , quad copter UAS , equipped with an integrated, original equipment manufacturer (OEM) digital camera , to my inventory. The intended use of

this equipment will be for aerial videography/photography to enhance academic and community awareness for those individual entities and compan ies unfamiliar with the geographical layout of the greater Dayton, Ohio metropolitan area

. Moreover, it will be used in real

-estate research , analysis , and for

-sale listing photographs and videos; thereby enhancing the academic research experience for the greater Dayton, Ohio metropolitan area; following exemption approval by the FAA. This exemption request would permit operation of the ultralight weight, unmanned ( piloted by remote control) and comparatively inexpensive , UAS in controlled and limited airspace. Said flight would occur in p redetermined areas away from the public, airports, serial ports and vehicular traffic, for community photos and videos, and within property boundaries , for i ndividual property owners , for videos/photos used in real estate listing s. Currently, similar lightweight, remote

-controlled UAS’s are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. The Petitioner, Myrealtor Group, LLC , has personally insta lled safety protocols and controls to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols closer to lightweight UAS’s specific to real estate video and photography usage , as a record flight data and other information gained to permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation. Granting this request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority not only to integrate UAS’s into the national airspace system, but to “... Establish requirements for the safe operation of s uch aircraft systems [UAS’s] in the national airspace system” under section 333 (c) of the Reform Act specific to the use of UAS’s for real estate/realtor purposes how to conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA. For the reasons stated below Myrealtor Group respectfully requests the grant for an exemption allowing them to operate ultra

- lightweight , remote

-controlled UAS’s academic community awareness to the benefits/stimulate attraction to the greater Dayton, Ohio metro politan area and to enhance real estate research analysis and for sale listing videos for property owners who cannot afford us and said manned aircraft are the same purpose. Both of3 Myrealtor Group, LLC, Dayton, Ohio 333 Exemption Petition wh ich will promote local economic growth through increased employment and increased tax base. Both the public safety in mind by keeping heavier manned aircraft containing combustible fuel that poses potential public hazard. **UA V/UA** **S/UA**

**Clarification** The **UA V/UA** **S/UA** wh ich Myrealtor Group, LLC , will be operating is the DJI Phantom 3 , Professional , Q uadcopter, referred hereafter as Phantom

. The inherent safety features, sophistication, programmability, GPS navigation, returned home capability, airport vicinity no-fly feature , and restricted altitude feature, as well as diffe rentiating radio frequency (rf) for aircraft controller/receiver, and for the camera , make this a much safer UAV for the purposes of this petition. This is a professional grade radio controlled UAV that has the capacity for software upgrades. I t is light, less than 3 pounds including battery and camera. I ncorporated into the programming of

this Phantom is an automatic return home feature that automatically directs the craft back to the point of takeoff to communication with the transmitter be lost. The Phantom has a cruising speed of 15 knots , with a maximum speed of 29 knots. M aximum flight times 25 minutes. Gross weight is 2.82 pounds. The Phantom has an additional communication link between the camera and the craft on a different RF for smart phone connection. Allowing the operator or pilot in command (PIC) to monitor battery level, altitude (AGL), distance from PIC, camera imagery, and control camera angle. The DJI Phantom 2 Vision 2.4 ghz transmitter/controller/receiver rf for managing flight with a 5.8 ghz rf transmitter/receiver for video/photography functions eliminates possible rf conflict. The software for the Phantom allows the operator or PIC to set maximum altitude AGL for each flight, allowing customization of flights to no higher than 100 feet, 150 feet, or 250 feet a GL as an example. The 400 foot maximum AGL can be programmed into the UAV’s software , preflight, to ensure compliance with FAA standards, adding to the safety capabilities of this UAV. This UAV is programed to remain in position when controls are released, maintaining altitude and GPS location. Further, the Phantom has an altitude and regular monitoring function that allows the operator more precise determination of height, direction of flight, and distance from the operator or PIC can monitor with a GPS lock status while UAV is in flight, with the ability to anticipate loss of GPS locking so the operator or PIC command the UAV as a precaution. This is a professional grade radio controlled UAV that has the capacity for software upgrades. I t is light, less than 3 pounds including battery and camera. I ncorporated into the programming of the Phantom is an automatic return home feature that automatically directs the craft back to the point of takeoff to commun ication with the transmitter be lost. The Phantom is a cruising speed of

1 5 knots, with a maximum speed of 29 knots

. Maximum flight times 25 minutes. Gross weight is 2.86 pounds. The Phantom is an additional communication link between the camera and th e craft on a different. Radiofrequency for the smart phone connection. Allowing the operator or pilot in command (PIC) to monitor battery level, altitude (AGL), and distance from PIC, camera imagery, and control camera angle.4 Myrealtor Group, LLC, Dayton, Ohio 333 Exemption Petition In the Phantom Professional Model the new feature is Failsafe RT H which is activated automatically should the remote controller signal is lost for more than three seconds. This function returns the aircraft to the confirmed Home Point. A complete illustration for this feature is l ocated on page 14 of the Phantom 3 Professional User Manual

. **( Complete**  **Phantom User**  **Manual is A**

**ttached as Exhibit II )** 

. The best explanation of the Phantom sophistication and capabilities can be observed through a video explanation of a n earlier model that was the predecessor to the Phantom 2 vision plus through link www.youtube.com/watch?v=qajTB3g8TrU

. The Phantom 2 Vision Plus maintained all capabilities defined in the video. **Specific UA**

**V/UA S/UA**  The particular UAV/UAS/UA wh ich MyRealtor Group will be operating is the DJI Phantom 3 Professional, Serial Number **P77DCE12010135.** Settings

 height limitations set for maximum of 300 feet AGL

 radius distance from controller set for maximum of 1000 feet, both to aid in direct line of sight and visual observation. Current firmware upgrades for

 Ma in controller

 GPS

 Receiver

 Battery

 Zen IMU **Similarities, Distinctions, A nd Differences of Other Recently**  **A pproved**  **Exemptions/Petitions** As with several other recently accrued similar petitions at exemptions including that of Astraeus (FAA

-2014

-0352), referred hereafter as the Astraeus Petition , and that of Douglas Trudeau (FAA

-2014

-0481), referred hereafter as the Trudeau Petition Myrealtor Group, LLC has a number of similarities , distinctions , and differences. As with Trudeau Petition , Myrealtor Group, LLC , is using a UAV that had the capability for taking off and landing in a single point, identical to a helicopter. There are no runways, aided takeoff apparatuses, nor routes that need to be flown to areas being aerial vi deo

- recorded or photographed, a llowing for a reduced and more confined area of flight. The Astraeus Petition is for movie set involving a significant number of people, ae rial equipment, moving or action sequences, and a potentially broad geographical area where individuals an d equipment may be in motion, requiring extensive observation, awareness, coordination , and safety precautions. My petition is similar to the Trudeau Petition in that it is for video/photography of stationary objects requiring briefer flights

. For reporting in tightly confined areas the stationary setting of object poses negatively lower risk for safety, allowing the operator or pilot in command ( PIC) to focus primarily on stationary objects for shorter periods of time. With them , with the action scenes, associated with the Astraeus Petition, numerous states may5 Myrealtor Group, LLC, Dayton, Ohio 333 Exemption Petition require repeat flights, where the stationary object, within most cases , requires only a single flight. Similarly, as in the Trudeau Petition, Myrealtor Group, LLC Wi ll require property owners’ written consent for aerial video/photography prior to flight. S ig ns will be posted cautioning anyone within the vicinity to remain back a min imum of 200 feet. **(Safety sign**  **is attached**  **and marked as Exhibit III)**  **THE EXTENT OF RELIEF MYREA** **LTOR GROUP, LLC SEEKS A** **ND THE REA SON**  **HE SEEKS SUCH RELIEF:** The Petitioner, Myrealtor Group, LLC , submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

-334, seeking relief from any current applicable FARs operating that would prevent me, Myrealtor Group, LLC , contemplated commercial cinematic, academic, and other 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 best interest to do so. My ultra, light

-we ight UAS meets the definition of

“small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra

- lightweight UAS is expressly contemplated by the Reform Act. Iwould like to operate my ultra

- lightweight UAS prior to the time period by wh ich the Reform Act requires the FAAA to promulgate rules governing such aircraft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UAS aerial Video and photography. The Reform Act guides the Secretary in determining the types of UAS’s that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS’s; whether the UAS will be operated near airports or heavily populated areas; and, whether the UAS will be operated in the line of sight. 112 P.L. 95§ 333 (a). Each of these items reflects in favor of an exemption for the Petitioner, Myrealtor Group, LLC

. My UAS utilizes four (4) counter

-rotating propellers for balance, control, and stability. F urther, my UAS is equipped with GPS and “auto return” safety technology. Weig hing less than three (3) pounds (far below the 55

-pound limit); including camera with gimbal. Furthermore the Petiti oner, Myrealtor Group, LLC , considers safety foremost with each flight. My small, unmanned aircraft is designed to hover in place, via GPS, and operate in less than a 24

-knot (15mph) wind. For safety, stability and fear of financial loss, I will not fly in winds exceeding 16 kph (10 mph). Built

- in safety systems include a GPS mode that allows my UAS to hover in place when the radio controls are released

. Iutilize this mode for aerial videography/photography. This is the safest, most reliable , and stable mode to prevent accidents and reduce hazards. W hen pilot communication is lost the UAS is designed to slowl y descend to the point of take

-off. The Petitioner has not, nor will , operate a UAS near airports, hospitals, nor police heliports, an d does not operate near areas where the general public is within fifty (50) to one hundred (100) yards, depending on the location, conditions, and weather. I am constantly on alert for any manned aircraft (i.e. police or medical helicopters, etc.) and am p repared to immediately land/abort to the nearest and safest ground point should a manned aircraft approach my location, or should I suspect a manned aircraft may approach near my location. My UAS is capable of vertical and horizontal operations, and is fl own only within my line of sight, as the remote

-control pilot. Utilizing battery power, rather than combustible fuels, flights generally last between five (5) to ten (10) minutes, with an altitude under one hundred6 Myrealtor Group, LLC, Dayton, Ohio 333 Exemption Petition fifty (150) feet. The Petitioner, Myrealtor Group, LLC , will utilize a fresh, fully

-charged battery with each flight, as a safety precaution; full flight time limit for each battery is twenty (20) to twenty

-five (25) minutes as tested. Id o not operate my UAS at, or below, the manufacturer’s recommended minimum charge levels for operation; preferring to remain we ll within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential crash, loss of control, or other hazards. Reserve batteries are on - hand, with each exercise, to insure replacement and to provide a sufficient safe level of operation. Id o not believe in taking risks that may cause a crash, or that would create a hazard to the public/property/manned aircraft, and have no desire to lose my investment. Ih ave clocked numerous practice flights in remote areas, as a hobbyist, simulating flights for future commercial use, in order to gain familiarization with the characteristics of this specific UAS’s performance under various temperature and weather conditions. F urther, the Petitioner has practiced on computerized simulated flights to maintain adequate skills and response/reflex time, as testament to his commitment to public safety. Further the Petitioner, is extremely cautious when o perating the UAS/ultra

- lightweight, unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333(b). G iven the small size and weight of the UAS, it falls well within Cong ress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive, to integrate UAS’s into the national airspace system. Petitioner’s UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security. **HOW MYREA** **LTOR GROUP, LLC ’S REQUEST WILL BENEFIT THE PUBLIC A** **S A WHOLE:**  Aerial videography for geographical awareness and for real estate marketing has a long history, through manned, fixed

-wing aircraft and helicopters. For small real estate companies and the average homeowner, the expense of such aerial videography is cost prohibitive. O nly large companies and high

-end realtors, or luxury homeowners can afford to absorb such an expense; Depriving non - luxury homeowners and lower

- bu dget realtors from a valuable marketing tool. Manned aircraft pose a threat to the public through the potential, catastrophic, crashes that the Dayton community has experienced in the past with commercial aircraft and medical helicopter crashes in the near vicinity of the city of Dayton. Each crash resulted in the loss of l ife when the combustible fuel exploded and burned on impact. Police helicopters have made emergency, hard

- landings within city limits. My UAS poses no such threat since the size, and l ack of combustible fuel, alleviates any potential threat to the public. Congress has already proclaimed that it is in the public’s interest to integrate commercially flown UAS’s into the national airspace system, hence the passing of the Reform Act. G ranting my exemption request furthers the public’s interest through academic/visual awareness of the geographical benefits in and around the metro Dayton area. My ultra, light

we ight UAS is battery powered and created no emissions that can harm the environme nt. The consequence of

my ultra, light

-weight UAS crashing is far less than a full

-sized helicopter, or fixed wing aircraft; both of which are heavy, contain combustible fuel, and can cause catastrophic devastation to the public. The public’s interest is fu rthered by minimizing ecological and crash threats by permitting aerial video/photography captured through my battery

-operated, ultra, light

-weight, UAS. Permitting the Petitioner, Myrealtor Group, LLC , to immediately fly within the national airspace7 Myrealtor Group, LLC, Dayton, Ohio 333 Exemption Petition furthers economic growth. G ranting my exemption request substantially furthers the economic impact for the metro

- Dayton community for companies looking to relocate or build in the Metro

Dayton area as well as individuals looking to relocate for career adva ncement through academic and geographical awareness, both of which serve as a stimulus to the Community. **Reasons Why My** **realtor Group, LLC Exemption Will Not A** **dversely A**  **ffect Safety**

**Or Ho w**  **The Exemption Will Provide A Level Safety** 

**A t Least Equal To Existing**  **Rule:** My exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting Myrealtor Group, LLC , to log in more flight time and effort in a controlled airspace, communication with the FAA, will allow me to contribute to th e innovation and implementation of new and novel, as of yet undiscovered safety protocols for realtors that can be embraced by the NAR (National Association of Realtors, http://www.REALTOR.org/) for development in cooperation with the FAA. In addition the Petitioner, Myrealtor Group, LLC , submits the following representations of enhancements to current aerial videography and photography for real estate:

 I am have completed Sinclair Community College ground school;

 my UIS weighs less than 5 pounds complete with the OE am digital camera;

 I only operate my UAS below 200 feet well within a 400 foot permissible ceiling set by the FAA modernization and Reform Act of 2012;

 my UAS at only operate for 5 to 10 minutes per flight;
 I land my UAS prior to manufacturers recommended minimum level of battery power;

 I pilot my UAS through remote control only by line of sight;

 My UAS has GPS a flight safety feature whereby it covers and then slowly land communication with the remote control pilot is lost; new line I actively analyze flight data and other sources of information to constantly update and enhance safety protocols;

 I only operate in reasonably safe environments that are strictly controlled and are away from power lines, elevated lights, airports and actively populated areas;

 I conducted then said preflight inspections and protocol, during which safety carries primary importance;

 I will obtain all necessary permissions prior to operation;

 I have procedures in place to abort flight in the event of safety breaches or potential danger;

 The UAS that I fly, the DJI Phantom 3 Professional, has a built

- in safety feature called the “No

- Fly Zones Feature” that prevents UAS from taking off or flying near busy airports. The Petitioner, Myrealtor Group, LLC’s safety protocols provide a level of safety equal to, or exceeding, existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial vid eo and photography for community awareness and real estate. Wh ile the safety record of such helicopters is remarkably astounding, there has been local incidents involving loss of life, as well as extensive property damage; it is far safer to operate a battery- powered ultralight weight UAS for the reasons listed below:

 First, the potential loss of life is diminished because UASs carry no people on board and I only operate my UAS in specific areas away from mass populations;8 Myrealtor Group, LLC, Dayton, Ohio 333 Exemption Petition  Second, there is no fuel on Board a UAS and thus the potential for fire or explosion is greatly diminished;

 Third, the small size and extreme maneuverability of my UAS allows me to remotely pilot away from and avoid hazards quickly and safely;

 Lastly, given the small size and weight, even one close enough to capture amazing images, my UAS need not be so close to the objects that they are focused on through the technology and use of post

-editing software allowing pan and zoom. Accordingly, my UAS has been experimentally operated for famili arization/competency and will continue to operate at, or above, current safety levels. **The specific sections of Title 14 of the Code of Federal Regulations from Which Petitioner,**  **My realtor Group, LLC**  **, Requests Exemption are:** 14 CFR 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409(a) (2); and 14 CFR 417 (a) & (b). **14 C. F.R. 21 and 14 C. F. R. 91: A irw** **orthiness Certificate, Manuals and the Like. 14**  **C.F.R. 21.**  **Subpart H,**  **entitled Ai**  **rw orthiness**  **Certificate,** sets forth requirements for procurement of

n ecessary airworthiness certificate in relation to FAR § 91.203 (a)(1). The size, we ight, and enclosed operational area of my UAS permits exemption from Part 21 because the Petitioner’s UAS meets (and exceeds) an equ ivalent 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. The Petitioner, Myrealtor Group, LLC’s 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's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual d elineating 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. The Phantom employs a maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. **14 C.F.R.**  **§ 91.121**  regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometri c sensor.9 Myrealtor Group, LLC, Dayton, Ohio 333 Exemption Petition **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 safety will be achieved by maintaining any such required certifications and registrations by the Petitioner, Myrealtor Group, LLC

. **14 C.F.R. § 45.23: Marking of The A ircraft.**  Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS, by definition, unmann ed. They therefore do not have a cabin, cockpit, or pilot station on wh ich Mark certain words or phrases. Further, two

- inch lettering difficult place on such a small aircraft with dimensions Moeller then minimal lettering requirement. Regardless, I will ma rk its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14. C.F.R.§ 45.29 (f) so that I can the pilot, or anyone assisting me as a spotter with the UAS will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. **14 C. F. R. § 61. 113: Private Pilot Privileges A nd Limitations: PIC** 

. Pursuant to 14 C. F. R. § 61.113 (a) & (b), private pilots are limited to noncommercial operations. The Petitioner, Myrealtor Group, LLC , can achieve in the equivalent level of safety as achieved by current Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a pilot’s license will not ensure remote control piloting skills. The risks attendant to the operation of my UAS is far less than the risk levels inherent in commercial activities outlined in 14 C. F. R. § 61, et seq. Thus, allowing the Petitioner, Myrealtor Group, LLC , to operate my UAS meeting, and exceeding, current safety levels in relation to 14 C. F. R. § 61.113 (a) & (b). **14 C. F. R. § 91.119: Minimum Safe A ltitudes**  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 200AGL; safely below the standard of 400 AGL. The Petitioner, Myrealtor Group, LLC , will however, operate my UAS in safe areas away from the 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 ) and (B):**  **Maintenance Inspections**
The above

-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed Subpart E of this part and shall between required inspections, except as provided in paragraph (C) of this section, have discrepancies repaired as prescribed in part 45 of this chapter. ..” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to the Petitioner’s UAS. However, as a safety precaution I inspect my UAS before and after each flight.10 Myrealtor Group, LLC, Dayton, Ohio 333 Exemption Petition Petitioner requests modification, waiver, or exemption , and clarification (within reason) , concerning Section 91.11 9

- Prohibition of Flight In Congested Areas

. S uch restriction puts homeowners and other real property owners in subdivisions , at a disadvantage by limiting enhanced marketing of their homes and properties, thereby discriminating against them. Vertical takeoff and landing while video

- recording , or photographing a home can allow an enhanced perspective for viewing , or proximity of mountains, golf courses, manmade lakes , or other attractions , not possible through ground

- level photography. I am requesting waiver for this condition to allow reasonable and responsible aerial video/photography in congested areas of subdivisions and neighborhoods. Similarly, with the Trudeau Petition, the single UAV utilized in this petition is a professional quad

-copter that does not require an airman certificate for non -commercial flight involving less

-restrictive, less

- regulated flight. Likewise , as in the Trudeau Petition, the motors, rotors, propellers, body/frame, landing pads, etc. for the UAS utilized in this Petition are not complicated. E ngineering and design allows layman maintenance. As in the Astraeus and Trudeau Petitions, I am requesting waiver or exemptions for markings due to the small size of the fuselage for the DJI Phantom 3 Professional , Q uadcopter. Recording parts replacement for th is UAV may prove impractical , or redundant , due to the simplicity of the craft. Therefore, as in the Astreaus and Trudeau Petitions I am requesting a waiver or exemption for maintenance records. H owever, pre-flight inspection for cracks, damage or other physical conditions that could hamper safe flight/operation is a reasonable expectation; as is post

-flight inspection , that may aid in identifying flight conditions that may cause stress to propellers, landing gear, etc. Th orough inspections of the UAV shall be conducted and flight response tested should a hard landing or crash occur, insuring that the UAV can operate in a safe manner before conducting any further video/photography. Myrealtor Group, LLC , as with the Trudeau Petition, requests a waivero r exemption from Section 91.203 (a) since the Phantom is a professional

-grade UAV/UAS that should not require an airworthiness certificate, or a registration certificate. Posting of special flight authorization would not be possible since the Phantom has no cabin and is not large enough to carry said certificate. However, a special flight authorization can be maintained by the operator to make available upon request. In compliance with section 90.151 (a) the Phantom is a battery operated UAV/UAS with battery level monitoring capability. F ully charged battery flight

-time is rated at 25 minutes, with videos/photos taking much less time to record. Operator or PIC is warned when battery level is low. **PRIVA CY**  All flights will occur over controlled property with the appropriate party’s consent and/or knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.



### *********** Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

--size, weight,11 Myrealtor Group, LLC, Dayton, Ohio 333 Exemption Petition 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 ap plicant's UASs in the real estate

industry pursuant to the Manual appended hereto. **In Summary ,**  **My realtor Group, LLC**  **Seeks an Exemption From the Following Regulations**  14 C .F.R. 2 1, subpart H; 14 C. F. R. 45. 23 (b); 14 C. F. R. 61.133 (a) and (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. § 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); 1 4 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 vehicle/ultra

- lightweight , unmanned aircraft vehicle in community awareness and real estate operations, and to develop economic platforms for real estate to enhance the understanding and experience of those seeking real estate information , or to relocate to the greater Dayton metropolitan area. Currently, area awareness and real estate aerial videography/photography relies primarily on the use of larger aircraf t running on combustible fuel, posing potential risk to the public. Granting the Petitioner, Myrealtor Group, LLC’s request for exemption will reduce the current risk levels and thereby enhance safety. My UAS craft does not contain potentially explosive fuel, smalle r, lighter, and more maneuverable than conventional real estate video and photographic aircraft much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established airfiel ds. The Petitioner, Myrealtor Group, LLC , has been informally analyzing flight information and will compile safety protocols and the implementation of aflight operations manual for real estate usage that exceeds currently accepted means and methods for Safelight

. Formal 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. There are no personnel on onboard my UAS and therefore the likel ihood of death or serious bodily injury is significantly diminished the operation of my UAS, we ighing less than 5 pounds and traveling at l ower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly the Petitioner, Myrealtor Group, LLC , respectfully requests that the FAA grant my exemption request as I am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large. Respectfully su bmitted,

_______________________________ Wi lliam F. McDonough (#00003915) 35888 Center Ridge Road, Unit 3 N orth Ridgeville, OH 44039 (440)327

- 1542 Telephone (440)327

- 1225 Facsimile TricountylawOhio@gmail. com Email Counsel for Myrealtor Group, LLC