July 13, 2015

FAA Exemption Rulemaking

Section 333

Of The FAA Reform Act and Part 11

Prepared by,

Colonel Michael Thomas

2961 Strawberry Rd. Troy, MI 48098

248-550-4606 / mthomasreo@gmail.com

Attention: 

United States Secretary of Transportation 

Mr. Anthony R. Foxx 

1200 New Jersey Ave., SE Washington, 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,

Colonel Michael Thomas, a retired Air Force Instructor pilot with 

over 4000 flight hours in a C-130 and KC-135 aircraft and an 

independent licensed real estate agent with (Real Estate One) and 

an 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.

sUAS to be flown include the DJI Phantom 1, 2, 3 Drone

All user manuals and data specifications are attached.

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:

Colonel Michael Thomas

2961 Strawberry Rd. Troy, MI 48098

248-550-4606 / mthomasreo@gmail.com

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).

Colonel Michael Thomas’ UAS(s) are small rotorcraft aircraft,

weighing 5lbs 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 Attachments.

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 Colonel Michael Thomas 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

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.

********* P ursuant to 14 CFR

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, Colonel Michael Thomas adheres 

to all FAA regulations. Further Colonel Michael Thomas airborne 

teams operate under the principals of: Safety First, Quality

Assurance, Accountability, Reporting, and Training. 

When approved by the FAA it is Colonel Michael Thomas’

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. 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 Colonel Michael Thomas

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. Colonel Michael Thomas 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,

M T Thomas 

Colonel Michael Thomas

2961 Strawberry Rd. Troy, MI 48098

248-550-4606 / mthomasreo@gmail.com