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 ofthe FAA Modernization and Reform Act of2012 and Part 11 of the Federal Aviation Regulations Dear Madam or Sir; Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ( the Reform Act) and 14 C.F.R. Part 11, and on behalfofmyselfDouglas McLeish, an operator ofUnmanned 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 maybe establishedby the FAA as required by Section 333. Approval ofexemptions for Douglas McLeish will allow commercial operations of sUAS’s in airspace regulated by the Federal Aviation Administration (FAA), for the purpose ofreal estate photography and videographyin 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 ofsuch aircraft systems (UAS’s) in the national airspace system under Section 333(c) ofthe Reform Act specific to the use ofUAS’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,respectfullyrequestthe grant of an exemption allowing me to operate remote controlled sUAS.
Sincerely, 

# Douglas H McLeish Douglas H McLeish 9423 Rosebud Cir. Port Charlotte, FL 33981I. **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 relieffrom any currently applicable FARs operating to prevent me, Douglas McLeish, from operating commercialphotographic flight operationswithin 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 ofmy 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 ofUAS’s that may operate safety in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS’s; whetherthe UAS willbe operated near airports orheavilypopulated areas; and , whether the UAS willbe operatedby line ofsight. 112 P.L. 95 333 (a). Each ofthese 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 ofNotam’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. Reservebatteries are onhandto ensure sufficient safe level of operation. I do have numerouspractice flights in remote areas as a hobbyist to gain experience ofthe characteristics ofthe 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 zonewhen it prom ulgates 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 Estatemarketinghasbeen 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 ofnew 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 aFAA certified pilot. I believe that this is very im portant 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 activelypopulated 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 ofthe necessary airworthiness certificates in relation to FAR 91.203(a)(1). The size, weight and enclosed operational area ofmy, Douglas McLeish, permits exemption from Part 21 because m

y UAS meets an equivalent level ofsafety pursuant to Section 333 ofthe 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 ofthe 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 ofan 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 ofa 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 ofthe 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 ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as PIC of an aircraft in connection with any business or employ ment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers orproperty for compensation or hire. Myproposed 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 sparselypopulated areas the aircraft cannotbe 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, ifthere is a failure, withoutundue hazard topersons orproperty 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 Altim eter Settings**  The regulation requires that the aircraft maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe 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 flyafter that for at least 30 minutes. I feel the intention ofthis paragraph is to provide an fuel reserve as a safety buffer for delays in landing. The sUAS is battery operated and the maximum duration ofa 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 ofintended 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 of91.203. I propose that documents deemed appropriate by the FAA will be located with the crew at the ground control system and available for inspectionupon request. In orderto identify the aircraft, Iproposethat 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. Itis 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. Maintenanceperformedby the PIC is limited to repairing small cracks, replacing apropeller, 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 ofthe 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 atall 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**