FAA Exemption Rulemaking 

Section 333 

Of TheFAA Reform Act and Part 11 

Prepared by 

Brandon Johnson

January 23, 2015 

100 W. Boston St. Suite #5, Chandler, Arizona 85225

480-648-3669 / Brandon@mtreaz.com
Attention: United States Secretary of Transportation Mr. 

Anthony R. Foxx1200 New Jersey Ave., SEWashington, 

DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act 

and Part 11 of the Federal Aviation Regulations from 14 

CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 

91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 

91.151 (a); 91.203 (a) & (b); 91.409 (a) (2); 91.417 (a) & (b)

Dear Mr. Secretary, 

Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, 

MT Real Estate LLC., an Arizona Limited Liability 

Corporation, real estate broker, and operator of Small 

Unmanned Aircraft Systems (“sUASs”) equipped to conduct 

aerial photography for the education of real estate 

professionals and real estate marketing purposes, hereby 

applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its 

sUASs, so long as such operations are conducted within and 

under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.

As described more fully below, the requested exemption 

would permit the operation of small, unmanned and relatively 

inexpensive sUAS under controlled conditions in airspace 

that is 1) limited 2) predetermined and 3) controlled as to 

access. Approval of this exemption would thereby fulfill the 

Secretary of Transportation’s (the 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: 

MT Real Estate LLCAttn: Brandon JohnsonPhone: 480-

648-3669Email: Brandon@mtreaz.comAddress: 100 W. 

Boston St. Suite #5, Chandler Arizona 85281

Regulations from which the exemption is requested: 

14 CFR Part 21

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)
This exemption application is expressly submitted to fulfill 

Congress’ goal in passing Section 333 (a) through (c) of the 

Reform Act. This directs 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 

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: 

The UAS’s size, weight, speed, and operational 

capability: 

Operation of the UAS in close proximity to 

airports and populated areas; and 

Operation of the UAS within Visual Line of Sight 

(VLOS) of the Pilot and Observers. Reform Act §333 

(a). Lastly, if the Secretary determines that such 

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. §333 (c) (emphasis added). The 

Federal Aviation Act expressly grants the FAA the 

authority to issue exemptions. This statutory authority 

by its terms includes exempting civil aircraft, as the 

term is defined under §40101 of the Act; that includes 

sUASs, from the requirement that all civil aircraft must 

have a current airworthiness certificate. The 

Administrator 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 this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. §44704; 14 

CFR §91.203 (a) (1). 
MT Real Estate’s UAS(s) are small rotorcraft aircraft, 

weighing 60oz including sensor payload. They operate their 

rotorcraft, under normal conditions at a speed of no more 

than 17 knots, usually 3-5 knots, and have the capability to 

hover, and move in the vertical and horizontal plane 

simultaneously. They will manually operate only in Visual 

Line of Sight and will operate only within the operating 

parameters as described in the Operating Manual attached 

as Attachment1.

Adherence to the Operating Manual will insure that the sUAS 

will “not create a hazard to the national airspace system or 

the public.”

Given the small size and weight of the sUAS involved and 

the restricted sterile environment within which they will 

operate, the applicant falls squarely within that zone of 

safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow 

commercial operations of UASs to commence immediately. 

Also due to the size of the UASs and the areas in which the 

relevant sUAS will operate, approval of the application 

presents no national security issue. Given the clear direction 

in Section 333 of the Reform Act, the authority contained in 

the Federal Aviation Act, as amended; the strong equivalent 

level of safety, surrounding the proposed operations, and 

significant public benefit, including enhanced safety, 

reduction in environmental impact, including reduced 

emissions associated with allowing UASs for educational 

and marketing operations, (as opposed to full scale aircraft), 

the granting of the requested exemptions is in the public 

interest. Accordingly, the applicant respectfully requests that 

the FAA grant the requested exemption without delay. 
AIRCRAFT AND EQUIVALENT LEVEL OF 

SAFETY 

The applicant proposes that the exemption requested herein 

apply to civil aircraft that have the characteristics and that 

operate with the limitations listed herein. These limitations 

provide for at least an equivalent or possibly higher level of 

safety to operations under the current regulator structure 

because the proposed operations represent a safety 

enhancement to the already safe filming operations 

conducted with conventional aircraft. These limitations and 

condition to which MT Real Estate agrees to be bound when 

conducting commercial operations under an FAA issued 

exemption include: 

1. The sUAS will weigh less than 5 lbs. 

2. Flights will be operated manually within visual line of 

sight (VLOS) of the Pilot and aircrew (Spotter / 

Observer). 

3. Maximum total flight time for each operational flight will 

be 25 minutes. Flights will be terminated at 25% battery 

power reserve should that occur prior to the 25 minute 

limit. 

4. Flights will be operated at an altitude of no more than 

400 feet AGL, though most operations will be 

conducted within 50 feet of the ground

5. Minimum two (2) man crew for each sUAS operation 

will consist of the Pilot and Spotter / Observer. In most 

cases the third aircrew member will serve as the Safety 

Officer. 

6. The sUAS Pilot will be an FAA licensed airman with at 
least a private pilot’s certificate and third class medical. 

The Spotter (Observer) will hold at least a third class 

medical. 

7. The sUAS Pilot will serve as Pilot in Command (PIC). If 

a pilot certificate holder, other than the sUAS Pilot, 

possesses the necessary PIC qualifications and is also 

present, that person can also be designated as PIC. 

8. The sUAS will only operate within an area as defined in 

the Manual on pages 21-22. Additionally, the sUAS will 

only operate under 400ft AGL, and outside a 3 statute 

mile radius of any airport. The sUAS will never enter 

any MOA or Restricted Airspace, nor shall it violate any 

TFR as outlined by the FAA.

9. A pre-flight briefing will be conducted in regard to the 

planned sUAS operation prior to each day’s flying / 

recording activities. It will be mandatory that all 

personnel who will be performing duties as “flight crew” 

be present for this briefing. 

10. The Operator will obtain the consent of all persons 

involved in the filming and ensure that only consenting 

persons will be allowed within 100 feet of the flight 

operation, and this radius may be reduced to 30 feet 

based upon an equivalent level of safety determination. 

11. Pilot, and Spotter (Observer) will have been trained in 

operation of sUAS generally and received up-to-date 

information on the particular sUAS to be operated as 

required. 

12. Spotter (Observer) and Pilot will at all times be able to 

communicate by voice or radio.
13. Written and/or oral permission from the relevant 

property holders will be obtained. 

14. If the sUAS loses communications or loses its GPS 

signal, the UAS will have capability to return to a predetermined location and land. 

15. The sUAS will have the capability to abort a flight in 

case of unpredicted obstacles or emergencies. 
14 CFR Part 21, Subpart H: Airworthiness Certificates 

14 CFR §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes 

the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) 

(1). Given the size and limited operating area associated 

with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of 

the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 

(f)) and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement capability, and 

proximity to airports and populated areas of the particular 

UAS. In all cases, an analysis of these criteria demonstrates 

that the UAS operated without an airworthiness certificate, in 

the restricted environment and under the conditions 

proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed-wing or rotorcraft) operating with 

an airworthiness certificate without the restrictions and 

conditions proposed. 

The sUAS to be operated hereunder is less than 5 lbs. fully 

loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates 

exclusively within a limited radius area as set out in the pre 

flight briefing / VLOS operations. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and 

monitored by both the Operator, pursuant to safety 

requirements, and under the requirements and in 

compliance with local public safety requirements, to provide 

security for the area of operation as is now done with 

conventional aircraft. These safety enhancements, which 

already apply to civil aircraft operated in connection with 

video production, provide a greater degree of safety to the 
public and property owners than conventional operations 

conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of 

operation, location of operation, lack of explosive materials 

or flammable liquid fuels, and inability to carry a substantial 

external load. 

14 CFR §45.23 (B): Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter “N” and 

the registration number is displayed on limited, restricted or 

light-sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that 

aircraft near each entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 

inches high, the words “limited,” “restricted”, “light-sport,” 

“experimental,” or “provisional,” as applicable. 

Even though the UAS will have no airworthiness certificate, 

an exemption may be needed as the UAS will have no 

entrance to the cabin, cockpit or pilot station on which the 

word “Experimental” can be placed. Given the size of the 

sUAV, two-inch lettering will be impossible. The word 

“Experimental” will be placed on the fuselage in compliance 

with §45.29 (f). 

The equivalent level of safety will be provided by having the 

sUAV marked on its fuselage as required by §45.29 (f) 

where the Pilot, Spotter (Observer) and others working with 

the sUAV will see the identification of the UAS as 

“Experimental.” The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 
8738, 10167 and 10167A. 

14 CFR §61.113 (a) & (b): Private Pilot Privileges and 

Limitations - Pilot in Command (PIC) 

Sections 61.113 (a) & (b) limit private pilots to noncommercial operations. Because the UAS will not carry a 

pilot or passengers, the proposed operations can achieve 

the equivalent level of safety of current operations by 

requiring the PIC operating the aircraft to have a private 

pilot’s license rather than a commercial pilot’s license to 

operate this small UAS. Unlike a conventional aircraft that 

carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are 

planned and coordinated in advance as set forth in the

Operating Manual. The level of safety provided by the 

requirements included in the Operating Manual meets that 

provided by single individual holding a commercial pilot’s 

certificate operating a conventional aircraft. The risks 

associated with commercial operations contemplated by Part 

61 when drafted, that allowing operations of the sUAS as 

requested with a private pilot as the PIC exceeds the present 

level of safety achieved by 14 CFR §61.113 (a) & (b). 

14 CFR §91.7 (a): Civil Aircraft Airworthiness 

The regulation requires that no person may operate a civil 

aircraft unless it is in airworthy condition. As there will be no 

airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist 

for determining airworthiness. Given the size of the aircraft 

and the requirements contained in the Operating Manual for 

maintenance and use of safety checks prior to each flight, as 

set forth in the Operating Manual, an equivalent level of 
safety will be provided. 

14 CFR §91.9 (b) (2): Civil Aircraft Flight Manual in 

the Aircraft 

Section 91.9 (b) (2) provides:No person may operate a 

U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not 

required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved Airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, 

or any combination thereof. 

The sUAS, given its size and configuration has no ability or 

place to carry such a flight manual on the aircraft, not only 

because there is no pilot on board, but because there is no 

room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping 

the Operating Manual at the ground control point where the 

pilot flying the sUAS will have immediate access to it. The 

FAA has issued the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A 10602, 32827, and 10700 

14 CFR §91.103: Preflight Action 

This regulation requires each pilot in command to take 

certain actions before flight to insure the safety of flight. As 

FAA approved rotorcraft flight manuals will not be provided 

for the aircraft an exemption will be needed. An equivalent 

level of safety will be provided as set forth in the Operating

Manual. The PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of 

flight. 
14 CFR §91.109: Flight Instruction 

Section 91.103 provides that no person may operate a civil 

aircraft (except a manned free balloon) that is being used for 

flight instruction unless that aircraft has fully functioning dual 

controls. SUASs and remotely piloted aircraft, by their design 

do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that 

communicates with the aircraft via radio communications. 

The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for 

flight instruction in experimental aircraft. See Exemptions 

Nos. 5778K & 9862A. The equivalent level of safety provided 

by the fact that aircraft will be piloted by a certified private 

pilot who has previously trained in remote flight areas before 

attempting flight within filming distance of structures.

14 CFR §91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of 

civil aircraft. Section 91.119 (d) allows helicopters to be 

operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or 

altitudes prescribed for helicopters by the FAA. As this 

exemption is for a sUAS, MT Real Estate requests authority 

to operate at altitudes up to 400 ft. AGL; an exemption may 

be needed to allow such operations. As set forth herein, the 

UAS will never operate at higher than 400 ft. AGL. It will 

however be operated in a controlled area where buildings 

and people will not be exposed to operations without their 

pre-obtained consent. 

The equivalent level of safety will be achieved given the size, 

weight, speed of the UAS as well as location where it is 

operated. No flight will be taken without the permission of the 

property owner. Because of the advance notice to the 
property owner and participants in the photographic activity, 

all affected individuals will be aware of the planned flight 

operations as set forth in the Operating Manual. Compared 

to flight operations with aircraft or rotorcraft weighing far 

more than the maximum 5 lbs. proposed herein and the lack 

of flammable fuel, any risk associated with these operations 

is far less than those presently presented with conventional 

aircraft operating at or below 500 ft. AGL. In addition, the 

low-altitude operations of the sUAS will ensure separation 

between these small UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. 

14 CFR §91.121: Altimeter Settings 

This regulation requires each person operating an aircraft to 

maintain cruising altitude by reference to an altimeter that is 

set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As 

the sUAS will not have a barometric altimeter, but instead a

GPS altitude read out, an exemption may be needed. An 

equivalent level of safety will be achieved by the operator, 

pursuant to the Operating Manual and Safety Check list, 

confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. 

14 CFR §91.151 (a): Fuel Requirements for Flight in 

VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “a 

flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and, 

assuming normal cruising speed – (1) During the day, to fly 

after that for at least 30 minutes; or (2) At night, to fly after 

that for at least 45 minutes.” 
The battery powering the sUAS provides approximately 25

minutes of powered flight. To meet the 30 minute reserve 

requirement in 14 CFR §91.151, sUAS flights would be 

impossible. Given the limitations on the UAS’s proposed 

flight area and the location of its proposed operations within 

a predetermined area, a longer time frame for flight in 

daylight or night VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151 

(a) falls within the scope of prior exemptions. See Exemption 

10673 (allowing Lockheed Martin Corporation to operate 

without compliance with FAR 91.151 (a)). Operating the 

small UAS, in a tightly controlled area where only people and 

property owners or official representatives who have signed 

waivers will be allowed, with less than 30 minutes of 

reserved fuel, does not engender the type of risks that 

Section 91.151 (a) was intended to alleviate given the size 

and speed of the small UAS. Additionally, limiting sUAS 

flights would greatly reduce the utility for which the 

exemption will be granted. 

Applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 25 minutes or 25% of battery 

power whichever happens first. This restriction would be 

more than adequate return the sUAS to its planned landing 

zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, 

including Exemptions 2689F, 5745, 10673, and 10808. 

14 CFR §91.203 (a) and (b): Carrying Civil Aircraft 

Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in §91.715, no person may operate a 
civil aircraft unless it has within it the following: 

(1) An appropriate and current airworthiness certificate... 

(b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (b) of this 

section or a special flight authorization issued under §91.715 

is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew. 

The UAS fully loaded weighs no more than 5 lbs. and is 

operated without an onboard Pilot. As such, there is no 

ability or place to carry certification and registration 

documents or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping 

these documents at the ground control point where the Pilot 

flying the sUAS will have immediate access to them, to the 

extent they are applicable to the sUAS, and should they be 

issued. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions 

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 

9797A, 9816A, and 10700. 

14 CFR §91.405 (a); 407 (a) (2); 417 (a) & (b): 

Maintenance Inspections 

These regulations require that an aircraft operator or owner 

“shall have that aircraft inspected as prescribed in 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 43 of this 

chapter...,” and others shall inspect or maintain the aircraft in 

compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft 

with an airworthiness certificate, these sections will not apply 
to the applicant. Maintenance will be accomplished by the 

operator; pursuant to the Operating manual. An equivalent 

level of safety will be achieved because these small UASs 

are very limited in size and will carry a small payload and 

operate only in restricted areas for limited periods of time. If 

mechanical issues arise the UAS can land immediately and 

will be operating from no higher than 400 ft. AGL. As 

provided in the Operating Manual, the PIC (operator) will 

ensure that the UAS is in working order prior to initiating 

flight, and perform required maintenance. Moreover, the 

operator is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety. 

*********Pursuant to 14 CFR Part 11, the following 

summary is provided for publication in the Federal Register, 

should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules:14 

CFR § 21, subpart H; 14 CFR § 45.23 (b); 14 CFR § 61.113 

(a) & (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 

91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a)

(1); 91.409 (a) (2) and 91.417 (a) & (b) to operate 

commercially a small unmanned vehicle (5lbs or less) in 

Educational and Marketing operations. 

Privacy 

All flights will occur over private or controlled access 

property with the property owner’s prior consent and 

knowledge, or over remote public land. Image capture of 

people will rarely take place, but in the event they are, they 

will have consented prior to being filmed or otherwise have 

agreed to be in the area where data collection will take 

place. 
Airborne Image Capture

With regard to airborne filming, MT Real Estate adheres to 

all FAA regulations. Further MT Real Estate airborne teams 

operate under the principals of: Safety First, Quality 

Assurance, Accountability, Reporting, and Training. When 

approved by the FAA it is MT Real Estate’s mandate to treat 

all sUAS operations the exact same level of professionalism 

and seriousness as that of conventional aircraft. 

Approval of exemptions allowing commercial operations of 

sUASs in the real estate industry will enhance safety by 

reducing risk. Conventional filming operations, using turbine

or piston powered aircraft present the risks associated with 

vehicles that weigh in the neighborhood of 2,000lbs.+, 

carrying large amounts of Jet A or 100LL (90 gallons for the 

aircraft primarily used by MT Real Estate). Such aircraft 

must fly to and from photographing location. In contrast, a

sUAS weighing fewer than 5lbs and powered by batteries 

eliminates virtually all of the risk given the substantial 

reduced mass and lack of combustible fuel carried on board. 

The sUAS is typically transported to the location via auto or 

cargo van in a medium sized case and is never flown to set. 

The sUAS will carry no passengers or crew and, therefore, 

will not expose them to the risks associated with manned 

aircraft 

The operation of small UASs, weighting less than 5lbs., 

conducted in the strict conditions outlined above, will provide 

an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the 

applicant from the requirements of Part 21 and allowing 

commercial operations. These lightweight aircraft operate at 

slow speeds, close to the ground, and in a sterile 

environment and, as a result, are far safer than ground than 

conventional operations conducted with piston helicopters or 
fixed wing aircraft operating in relatively close proximity to 

the ground and people. 

The primary market of interest for MT Real Estate utilizing 

sUASs is the marketing of real property, and the second is 

the education of real estate professionals. 

It is anticipated that the airborne image capture process will 

be accomplished exclusively in day time VFR environments. 

To capture the highest quality of resolution the majority of 

airborne data collections will take place during the 10:00am 

– 4:00pm window. 

Summary 

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 sUAS in the real estate industry pursuant to the 

Operating Manual appended hereto. MT Real Estate is 

eagerly standing by to support the FAA and sUAS 

community in its quest to establish proper regulations and 

protocols for the safe introduction of unmanned aircraft into 

the national airspace. 

Sincerely, 

Brandon Johnson

Partner, MT Real Estate

100 W. Boston St. #5, Chandler, Arizona 85225

480-648-3669