Douglas McLeish

9423 Rosebud Cir

Port Charlotte, FL, 33981

U.S Department of Transportation January 19, 2016

Docket Management System

1200 New Jersey Ave., S.E.

Washington D.C. 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and 

Part 11 of the Federal Aviation Regulations

Dear Madam or Sir;

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ( the Reform Act) and 14 

C.F.R. Part 11, and on behalf of myself Douglas McLeish, an operator of Unmanned Aircraft Systems 

equipped to film and photograph real estate in the state of Florida, applies for an exemption from the 

listed Federal Aviation Regulations to allow commercial operation of my sUAS’s, so long as the 

operations are conducted within and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333.

Approval of exemptions for Douglas McLeish will allow commercial operations of sUAS’s in airspace 

regulated by the Federal Aviation Administration (FAA), for the purpose of real estate photography and 

videography in the areas of:

 Real Estate – Residential

 Real Estate – Commercial

 Marketing

 Industrial

The pilot in command, Douglas McLeish, is a certified Private Pilot, with more than 125 hours as PIC

without incident. The fact that I, Douglas McLeish, hold a Private Pilots certificate demonstrates the 

commitment to safety, with the knowledge and understanding of the FAR’s, preflight inspections, 

knowledge of operations, and maybe most of all, the knowledge of airspace classifications. 

Granting my, Douglas McLeish, request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority to not only integrate UAS’s into the national airspace 

system, but to also establish requirements for the safe operation of such 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 and other purposes. Further I, Douglas McLeish, will conduct my operations, as I do as a Private 

Pilot, in complete compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below I, Douglas McLeish, respectfully request the grant of an exemption allowing 

me to operate remote controlled sUAS.

Sincerely,

Douglas H McLeish

Douglas H McLeish

9423 Rosebud Cir.

Port Charlotte, FL 33981
I. Contact Information:

Douglas McLeish

9423 Rosebud Cir.

Port Charlotte, Fl. 33981

Phone: 248-933-0807

Email: dougmcl229@yahoo.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations from which Douglas 

McLeish requests Exemption are:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.121

14 C.F.R. 91.151 (a)

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. 91.401 – 91.417

III. The extent of relief Douglas McLeish seeks and the reason he seeks such relief:

I, Douglas McLeish, submit this application in accordance with the Reform Act, 112 P.L.95 331-334, 

seeking relief from any currently applicable FARs operating to prevent me, Douglas McLeish, from 

operating commercial photographic flight operations within the national airspace. The Reform Act in 

Section 332 provides for such integration of civil unmanned aircraft systems into our national 

airspace system as it is in the public’s interest to do so. My, Douglas McLeish’s, sUAS meets the 

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

sUAS is expressly contemplated by the Reform Act. I would like to operate my sUAS prior to the 

time period by which the Reform Act requires the FAA 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 photography, both still and video. The 

Reform Act guides the Secretary in determining the types of UAS’s that may operate safety 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 by line of sight. 112 P.L. 95 333 (a). Each of these items reflect in favor of 

an exemption for me, Douglas McLeish. My UAS utilizes four (4)counter-rotating propellers for 

balance, control and stability. Weighing less than five (5) pounds ( far below the maximum of 55 

pound limit); including payload.

I, Douglas McLeish, consider safety as foremost with each and every flight. As a licensed Private 

Pilot I have been trained for safety that non-pilots have not. I have a complete understanding of 

airspace, what airspace I’m in when flying a sUAS. I understand the FAR’s and AIM, Have a 

complete understanding of TFR’s. Also, an understanding of Notam’s, airport operations and, very 

importantly, see and avoid. 

I, Douglas McLeish, use a freshly charged battery for each flight as a safety precaution, full flight 

time is 8 to 10 minutes as tested. I do not operate the sUAS at or below manufacture recommended 

charge levels, preferring to remain well within a safe range to insure adequate communication 

between the radio controller and the sUAS, this is to eliminate the potential for crash or loss of 

control. Reserve batteries are on hand to ensure sufficient safe level of operation. I do have numerous 
practice flights in remote areas as a hobbyist to gain experience of the characteristics of the specific 

sUAS’s performance.

I, Douglas McLeish, am extremely cautious when operating my sUAS and will not “create a hazard to 

users of the national airspace system or the public.”112 P.L 95 333 (b). Given the small size and 

weight of my sUAS it falls well within Congress’s contemplated safety zone when it promulgates the 

Reform Act and the corresponding directive to integrate UAS’s into the national airspace system. 

IV. How will this request benefit the public as a whole:

Aerial photography for geographical awareness and for Real Estate marketing has been around a long

time, using fixed wing aircraft and helicopters. For small real estate companies and the average 

homeowner the expense of such aerial photography is cost prohibitive. Only large companies and 

high end realtors or luxury homeowners can afford to absorb such expense. Granting this will allow 

small realtors, business owners and more homeowners the ability to use this method or marketing at a 

much more affordable cost.

V. Reasons why this exemption will not adversely affect safety or how this exemption will 

provide a level of safety at least equal to existing rule:

My, Douglas McLeish’s, exemption will not adversely affect safety. To the contrary, to log more 

flight time in FAA controlled airspace, will allow me to contribute to the innovation and 

implementation of new safety and operational protocols for Realtors and photographers. I, Douglas 

McLeish, submit the following representations of enhancements to current aerial photography and 

videography for real estate:

 I am a FAA certified pilot. I believe that this is very important that all commercial operators 

of UAS need to be FAA certified pilots.

 My UAS weights less than 5 pounds with the integrated camera onboard.

 I only operate my UAS below 200 feet (AGL)

 My UAS only operates for 5-8 minutes per flight.

 I land my UAS prior to the manufacture recommended minimum level of battery charge.

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

 I operate in reasonably safe environment that are strictly controlled, are away from power 

lines, elevated lights, airports and actively populated areas.

 I conduct extensive pre-flight inspections and protocol, during which safety is the primary 

concern.

 I have procedures in place to abort flights in the event of safety concerns or potential danger.

VI. A Summary the FAA may publish in the Federal Register

 14 CFR Part 21 and 14 CFR 91, Airworthiness Certificates

14 CFR 21, Subpart H, entitled, Airworthiness Certificates, sets forth requirements for 

procurement of the necessary airworthiness certificates in relation to FAR 91.203(a)(1). The 

size, weight and enclosed operational area of my, Douglas McLeish, permits exemption from 

Part 21 because my UAS meets an equivalent level of safety pursuant to Section 333 of the 

Reform Act. The FAA is authorized to exempt aircraft from 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.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. 

As no certificate will be applicable in the form contemplated by the FAR’s, this Regulation is 

not applicable.
14 C.F.R. 91.9 (b)(2) requires an aircraft manual in the aircraft. As there is no on board pilot 

and the small size of the UAS, this regulation is not applicable.

14 C.F.R. 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

This regulation states, “No person may operate a civil aircraft that is being used for fight 

instruction unless that aircraft has fully functioning dual controls.” The UAS ground based 

control station consists of a hand held radio transmitter and while it does not offer a second 

set of controls, both student and instructor can, operate the single set of controls 

simultaneously. With both student and instructor having hands on the controls during flight, 

this technique meets the intent of 91.109 and provides an equivalent level of safety.

 14 C.F.R. 45.23 Marking of Aircraft

Regulations require that each aircraft display a November (N) number and the aircraft’s 

registration numbers and letters at least 3 inches high. The aircraft must also display the word 

“EXPERIMENTAL” in letters at least 2 inches high near the entrance of the cabin, cockpit, 

or pilot station. As the sUAS does not have an entrance in which the word 

“EXPERIMENTAL” can be placed, and may not have a FAA assigned registration number.

 14 C.F.R. 61.113 Private pilot privileges and limitations: Pilot in Command and 

Commercial pilot privileges and limitations.

The regulations provide that no person who holds a Private Pilot certificate may act as Pilot 

in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot 

to act as PIC of an aircraft in connection with any business or employment if: (1) The flight is 

only incidental to that business or employment; and (2) The aircraft does not carry passengers 

or property for compensation or hire. My proposed operations require that the PIC must hold 

at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry

passengers or property, I feel I meet the intent of 61.113 Subparagraph (b)even though the 

intent of this application is to conduct a for profit business.

 14 C.R.F. 91.119 Minimum Safe Altitudes: General

The regulations state that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the UAS 

would be to photography real estate property or structures it would necessary to operate 

closer than 500 feet to the items listed. Operations will only be flown over property or 

structures where permission has been obtained and careful pre-planning has been performed. 

The aircraft will be operated at a low altitude allowing an emergency landing, if there is a 

failure, without undue hazard to persons or property on the ground. Therefore I maintain that 

due to the small size of the UAS, the hazard to persons, vehicles and/or structures is minimal.

 14 C.F.R. 91.121 Altimeter Settings

The regulation requires that the aircraft maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 

400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with 

other aircraft. 

 14 C.F.R. 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly 
after that for at least 30 minutes. I feel the intention of this paragraph is to provide an fuel 

reserve as a safety buffer for delays in landing. The sUAS is battery operated and the 

maximum duration of a flight from a single battery charge is 8 minutes with a 20% reserve. 

Since the aircraft will never fly more than 3⁄4 NM from the point of intended landing, a full 

battery charge at launch will ensure that I meet the reserve energy requirement of this 

paragraph.

 14 C.F.R. 91.203 (a) & (b) Civil aircraft: Certifications required

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be “displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew.” At a maximum gross weight of 

less than 5 pounds the sUAS is too small to carry documentation, does not have an entrance, 

and is not capable of carrying passengers and/or crew. To obtain an equivalent level of safety 

and compliance and meet the intent of 91.203. I propose that documents deemed appropriate 

by the FAA will be located with the crew at the ground control system and available for 

inspection upon request. In order to identify the aircraft, I propose that the information found 

on the airworthiness and registration certificates be permanently affixed to the aircraft.

 14 C.F.R. Subpart E 91.401 – 91.417 Maintenance, Preventive Maintenance, 

Alternations

The regulation provides that the operator is primarily responsible for maintaining the aircraft 

in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be “approved for return to service by a person authorized 

under 43.7” after maintenance and inspection. It is my intention the I, as the PIC, perform 

maintenance and inspection of the aircraft and “be authorized to approve the aircraft for 

return to service. The PIC will ensure that the aircraft is in an airworthy condition prior to 

every flight and in addition conduct detailed inspections after every 10 hours of flight. 

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, 

checking electrical connections and updating software and firmware for the on-board 

computer. All other maintenance will be performed by the manufacture or their designated 

repair facility.
Appendix A

Safety / Flight Manual
UAS Checklist 

Safety for public on the ground and manned aircraft is an essential and utmost consideration for aerial 

videos and photography. Safety protocols and controls must be implemented through all phases of the 

flight operation; including, preflight inspection, in-flight and shutdown.

Preflight inspection

 Check weather conditions, AOPA website, DUATS.

 Check for Notams, TFR’s, 

 Check batteries with VOM. Insure a full charge.

 Inspect batteries for damage or leakage.

 Inspect propellers for cracks, chips or damage.

 Check sectional chart for airspace

 Inspect flight area for:

 Public safety/medical heliports

 Light poles

 Utility wires

 Trees

 Flocking birds

 Elevated structures/obstructions

 Roadways with moderate to heavy traffic

 Public gatherings

 Optional point of control for best line of sight during operation

 Takeoff and Landing

 Inspect area for best and safest point for takeoff and landing. 

 Choose an alternate landing area in case of emergence.

In-Flight 

 Takeoff and landing from the same area, in case of emergence use alternate landing area

 Visual contact with UAS at all times.

 Awareness of other air traffic 

 Situational awareness of ground activity, persons and vehicles.

 Awareness of local airports, takeoff and landing patterns, use ADIS if available.

Landing and Shutdown

 Shut down power as soon as landed

 Disconnect battery 

 Secure UAS in safe location

Emergency Checklist

 Land immediately at the safest location in the event;

 Aircraft is in the vicinity of the flight

 Public gathering to view flight

 Pilot is distracted from the flight

 Change in the weather

 Any sudden unsafe event that can cause collision, distraction or interruption of control.
Flight Safety Operations

Safety for the public on the ground as well as manned aircraft is essential and utmost for aerial photography and videos. Maintaining a log of 

safe flight of UAS safety protocols is imperative.

Date: __________________ Location: ___________________________________________________________

Pre-flight inspection ___ Yes ___ No Comment ____________________________________________________

Elements Circle Circle Comment

Weather Acceptable Unacceptable

Visibility Acceptable Unacceptable

Wind speed Acceptable Unacceptable

Nearest major intersection:____________________________________________________________

Proximity to medium traffic road:______________________________________________________

Proximity to heavily traveled road:____________________________________________________

Proximity to congested population:____________________________________________________

Approximate takeoff time Comments

Approximate landing time Comments

Estimated Elevation Comments

Safety Concerns:

Additional Comments:
Appendix B

sUAS Instruction Manuals