1 **PETITION FOR SECTION 333 EXEMPTION**

**–**

**GREGORY B. MAYS** July 12 , 2015
U.S. Department of Transportation Docket Operations 800 Independence Ave., S.W. Washington, DC 20591

**Re: Petition**  **of Gregory B. Mays**  **for Exemption**  **Pursuant to Section 333 of the**  **FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11** 

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Gregory B. May s (individual) hereb y appli es for an exemption from the Federal Aviation Regulations (“FARs”) identified below, to allow civil operation of small unmanned aerial s ystems (“sUAS” or “UAS”) as part of dail y busines s operations

.

**TABLE OF CONTENTS** I. Description of Petitioner II. Description of Proposed Operation III. Gregory

B. May s Proposed UAS Operations Meet the Requirements of Section 333 a. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability b. Approval is Warranted Based on the Operational Restrictions Set Forth in the included UAS Standard Operating Guide IV

. Regulations From Which Exemption is Sought a. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates b. 14 C.F.R. Part 27 : Airworthiness Standards for Normal Category Rotorcraft c. 14 C.F.R. § § 45.23(b) and 45.27(a) : Marking of the Aircraft d. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness e. 14 C.F.R. §§ 91.9(b)(2), 91.203(a) and (b): Civil Aircraft Flight Manual in the Aircraft2 f. 14 C.F.R. § 91.103: Preflight Actions g. 14 C.F.R. § 91.109(a): Flight Instruction h. 14 C.F.R. § 91.119: Minimum Safe Altitudes i. 14 C.F.R. § 91.121: Altimeter Settings j. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions k. 14 C.F.R. § 91.405 , 91.407 , 91.409, 91.417 : Maintenance and Inspections l. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and L imitations V. Public Interest VI

. Privacy VII. Federal Register Summary VIII. APPENDIX A: Gregory B. May s UAS Standard Operating Guide IX

. APPENDIX B : Don’t Fly Drones Here Map: Restric ted Area X. APPENDIX C: FAA Advisory Circular XI

. APPENDIX D: AMA Safety Code

**I. Description of Petitioner**  Gregory B. May s provides real estate services to clients that often require photographs

. In recent months clients have requested aerial photographs that would require hiring an outsider to provide services related to taking said photographs. These photos are often utilized for marketing purposes, however, the request for aerial photos has be en extended to clients who require same in an effort to lend money for mortgage purposes in conformance with FNMA/FHLMC , FHA, and others, guidelines

.

 Greg B. May s & Associates, L C is a small real estate appraisal company that has been in business since 199 1.

 Services include real estate consultation, appraisal, sales, and property management.

 Greg B. May s & Associates, L C is properly licensed in the Commonwealth of Virginia to provide said services.

 Greg B. May s holds the following licenses/certifications; Realtor and Real Estate Agent, Certified Residential Real Estate Appraiser, Private Pilot.3

In accordance wi th 14 C.F.R. § 11.81(a), Gregory B. May s provides the following information in support of its Petition for Exemption. Name and Address f

or Petitione r: Gregory B. May s 2220 Swamp Fox Rd. Midlothian , VA 231 112 804

- 378

- 9655 gregbm@verizon.net Point of contact for this Petition and specific contact information is as follows: Greg B. May s, RAA Owner 2220 Swamp Fox Rd. Midlothian , VA 231 12

**II. Description of Proposed Operation**  Gregory B. May s proposes to conduct the operation of a UAS, speci ficall y the DJ I Phantom 2 or DJ I Inspire , within the parameters of providing aerial photographs of single family residences and or large acreage parcels of land

... The Pilot in Command (“PI C”) for each operation wi ll , at a minimum, be Gregory B. May s . Gregory B. May s has adopted and incorporated many of the AMA ’s UAS S afety Code (the “Code”) and Operating Guide’s (the “Guide”) proced ures into its own safety

code and guide , which sets forth the mandatory standard operating pro cedures for its proposed UAS operations as detailed herein

. The exception would be the location of operations that will take place at private residences wi th the authorization of the owner and not on property leased or owned b y the AMA

. These procedures provide a baseline to ensure that the Phantom 2 Vision or Inspire 1 pilot p ossess sufficient knowledge of both ai rspace and the technology to operate safel y in the National Airspace Sy stem (“NAS”). An y other assistant or photographer will operate with Gregory B. May s as the PI C in each operation and will meet the standards specified in the Guide, as well as an y other additional re quirem ent the FAA requires under this application.
**III. Proposed UAS Operations Meet the Requirements**  **of Section 333**
P roposed operations in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

**a. Approval is Warranted Based on the UAS**  **’s Size**  **, Weight, Speed, and Operational Capability** 4

Gregory B. May s will employ

the DJ I Phantom 2 Vision (“Phantom 2 V ”) or DJ I Inspire 1 quadcopter for the operations described in this Petition for Exemption . Both of these UAS are classified as a s mall drone or hobby craft and are lawfully

used for recreational operations. The Phantom 2 V has a maximum take

- off weight of 5.53 pounds . The flight speed is limite d to a maximum of 33.5 miles per hour and it will not be flo wn at an altitude that exceeds 2 00 feet AGL

. All flights will be managed in suc h a way that they can be safely terminated with a reserve battery power of 25% of the battery's maximum charge. Neither the Phantom 2V or the Inspire 1 carry an y f

lammable propellant or fuel. Both UAS also has an integrated GPS system that calculates the UAS's position and height and relays that information via a secure connection to the operator. Through use of this GPS sy stem and the installed firmware, the user is able to set maximum height and radius in relation to a pre

- determined home point, restricting flight to a zone that is both approv ed by the FAA and the owner of the property being photographed . This sy ste m also automatically restricts flight within a range of airports that is greater than the 5 miles that the FAA requires. Additionally , the UAS contains a failsafe mode if its connection to the remote control is lost, and this system permits the UAS to return to a predetermined location and land without injury

or damage.
**b. Approval is Warranted Based on the Operational Re**  **strictio ns Set Forth in**  **the UAS**  **Standard Operating Guide**  Together, the Guide and the Phantom 2 V’s and or Inspire 1’s User Manual contain all of the procedures and limitations necessary to successfully

perform the operat ions specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Gregory B. Mays proposed operations, below is a summary of operatio nal limitations and conditions which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:
1. The Phantom 2 weighs 5.53 +/

- pounds and the Inspire 1 weighs 6.50 +/

- pounds

. 2. Flights will be operated w ithin the VL OS of the PI C and or an observer, at a minimum. 3. Maximum total flight time for each operational flight will be limited to 25% reserve battery power remaining. 4. Flights will be operated at an altitude of no more than 2 00 feet AGL. 5. All operations will be conducted in class G airspace. 6. Flights will be restricted to pre

- determined areas of the owner/clients property , which will alway s be located outside of 5 miles radius from an airport of an y size or the necessary NOTAM will be filed for safe operation in advance of operations. 7. F light zones will be located at the maximum distance away from persons, inhabited structures, and vehicles that is possibl e given the layout of the property . The flight zone in which operations occurs will be assigned based o n the real time traffic, activities, and weather conditions.5

8. Flights will be limited to a speed of 30 mph and vertical ascent will be limited to 15 mph. 9. The UAS will be operated and maintained in accordance with the requirements of the Phantom 2V or Inspi re 1 User Manual and an y manufacturer Safety Bulletins. 10. Prior to the operation, the flights will be full y preplanned and briefed, including possible contingencies and emergency procedures. 11. The UAS will have the capability to abort flight in the case of unpredicted obstacles or emergencies. 12. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 13. All UAS operations will occur in daylight, Visual Flight Rules ("VFR") conditions. Instrument flight rules flights are prohibited and no flights will occur at night, or in adverse weather conditions. 14. The UAS will be co ntrolled by the Phantom 2 or Inspire 1 Remote Control Sy stem and the radio frequency

spectrum used for operation and control of the UA shall comply with the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements.

**IV. Regulations From Which Exemption is Sought**  The Federal Av iation 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, including UASs, from its safety regulations and min imum stand ards when the Administrator decides a requested exemp tio n is in the public interest. Gregory B. May s seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61 and 91 for purposes of conducting the requested operatio ns using UAS. Listed below are: (1) the specific sections of 14 C.F.R. for which ex emption is sought, and; (2) reasons wh y the exemption would not adversel y affect safety or provide a level of safety equivalent to the rule , including an y operating procedures and safegu ards that Gregory B. May s has adopted which will ensure a level of safety better than or equal to the rules fro m which exemption is sought.

**a. 14 C.F.R. Part 21, Subpart H**  **: Airworthiness Certificates**  Part 21 Subpart H prescribes procedural requirements for the issue of airworthin ess certificates. Gregory

B. May s requests exemption from this subpart t o operate the Phantom 2 V or Inspire 1 without the requirement for an airworthiness certificate. Based on the proposed UAS being limited in size, weight, spe ed, operating capabilities, and operati ng within VL OS , Gregory B. May s believes that an airworthiness certificate is not necessary t o ensure an equivalent level of safety to manned aircraft operations. Equivalent Level of Safety6

The UAS indicated is saf e when taking into account its size, weight, speed, and operatio nal capability . As set forth above, the Phantom 2V and or Inspire 1 weigh less than 7 pounds and will be flown at less than 30 mph an d completely outside contro lled airspace. Additionally , neither craft carries pilots nor passengers, carries no explosive materials and or flammable liquid fuels, and operate s exclusively within the parameters stated in the Guide. Operations conducted under this exemption will be closel y controlled and monito red by the PI C and will be conducted in compliance with local public safety requirements, to provide security f or the area of operation. In all cases, the UAS operated under the proposed conditions, will be at least as safe as, or safer than co nventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed UAS operations. Further, the Phantom 2V does not need a means to communicate with other aircraft or ATC, because those capabilities will be posse ssed by the PIC and Observer, who are not onboard the UAS. See Grant of Exemption, Docket FAA

- 2014

- 0352 at 13. In addition, the UAS will be operated at all times in visual line

- of

- sight and in VFR conditions. Id

. **b. 14 C.F.R. Part 27**  **: Airworthiness**  **Standards for Normal Category Rotorcraft**  Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcra ft. To the extent Gregory B. May s UAS would otherwise require certification under Part 27, i t seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

**c. 14 C.F.R. §**  **§ 45.23(b)**  **and 45.27(a) : Marking of the Aircraft**  Gregory B. May s seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 45.23(b) and 45.27(a). 14 C.F.R. § 45.23(b), Markings of the Aircraft, states: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or l ight

- 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 n or more than 6 inches high, the words "limited," "restricted," "light

- sport, "e xperimental," or "provisional," as applicable. 14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on that rotorcraft horizo ntally on both surfaces of the cabin, fuselage, boom , or tail the marks required by § 45.23. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the Phantom 2V and or Inspire 1 is by definition “unmanned” and so has no entrance to a cabin, cockpit, or pilot station on which the above stated word s can be placed. Given the size7

of the UAV , two
- inch lettering may be imp ossible. The word “Exempt” can be placed on the fuselage in compliance with 14 C.F.R. § 45.29(f). Equi valent Level of Safety The equivalent level of safety wil l be provided b y having the Phantom 2V or Inspire 1 marked on its fuselage as required b y 14 C.F.R. § 45.29(f) where the pilot, observer and others working with the UAS will see the identification of the Phantom 2V or Inspire 1 as “Exempt ” if so desired. The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

**d. 14 C.F.R.**  **§ 91.7(a): Civil Aircraft Airworthiness**
T he 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 deter mining airworthiness. Given the size of the Phantom 2V and the Inspire 1 the description of proposed operations above, an equivalent level of safety will be provided.

**e. 14 C.F.R. §**  **§ 91.9(b)(2)**  **, 91.203(a) and (b) : Civil Aircraft Flight Manual in the**  **Aircraft** 14 C.F.R. § 91.9(b)(2) states : (b) No person may

operate a U.S.

- registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is required b y § 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 an y combination thereof. 14 C.F.R. § 91.203(a) and (b) state: (a) Except as provided in § 91.715, no person may operate a civil aircraft unl ess it has within it the following: (1) An appropriate and current airworthiness certificate... (b) No person may

operate a civil aircraft unles s the airworthiness certificate required b y paragraph (a) of this section or a spec ial flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.8

Given the small s ize and configuration of the Phantom 2V , it would be impossible to keep airworthiness documents and other aircraft manuals on board t he UAS because there is simply n o room. Also the UAS has no cabin or cockpit. Equivalent Level of Safety In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared b y Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircra ft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. As this FAA Offic e of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has acces s to these key documents during flight. Therefore, an equivalent level of safety will be achieved be ensuring that the pilot has ac cess to the documents at the ground control station or point of control from which he or she is piloting the Phantom 2V or Inspire 1

.

**f. 14 C.F.R. § 91.103: Preflight Actions**  This regulation requires each pilot in command to take certain actions before flight to e nsure the safety of flight. As FAA approved flight manuals will n ot be provided for the aircraft an exemption will be needed. Equivalent Level of Safety An equivalent level of safety will be provided through the PIC following the procedures set forth in the Guide and Manufacturer ’s User Manual. The PI C will take all actions including reviewing weather, flight battery re quirements, landing and takeoff distances and aircraft performance data before initiation of flight. The PIC will account for all relevant site

- specific conditions in the preflight procedures . The FAA has granted exemption from this regulation to other s mall UAS operators. See Exemption No. 11109. Additionally , the PI C, Gregory B. May s, also being a licensed pilot, understands the importance of being prepared to fl y as an airman and will always adhere to the same IAMSAFE checklist followed when flying manned aircraft.

**g. 14 C.F.R. § 91.109(a): Flight Instruction**  Gregory B. May s seeks an exemption from flight instruction requirem ents contained within 14 C.F.R. § 91.109(a). This section 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.9

Equivalent Safety Protocol For stud ent training purposes the PI C and student may use a "buddy box" sy stem that utilizes two transmitters when applicable . The transmitter of the student is connected b y a trainer cable to another transmitter (master transmitter) controlled by the PIC instructor. The PIC Instructor is able to control the UAS with his or her transmitter then flip a switch to turn control over to the student and flip the switch again to reclaim control. Inthis way , the PI C Instructor can easily demo nstrate how to fly

the UAS or rescue the UAS if the student makes a poor aeronautical decision without passing the same transmitter back and forth to preserve safety to the NAS and manned aircraft operations. Given the size and speed of the UAS that the Gregory B. May s intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Guide, all persons will be a safe distanc e away in the event that any difficulties during flight instruction occurs . Moreover, Petitioner will conduct training in a controlled and sterile environment. As required by the Guide , training and instruction will be conducted in a sterile area on property that is owned and controlled by the Gregory B. May s . These facilities will not be open to the public during UAS operations, and access will be restricted to authorized business personnel involved with the compan y.

**h. 14 C.F.R. § 91.119: Minimum Safe**  **Altitudes** Gregory B. May s requests an exemption from the min imum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from an y person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any

routes or altitudes specifically prescribed for helicopters by the FAA." An exemption is required because the proposed UAS operations will occur at unde r 2 00 feet AGL . Further , while the Phantom 2V and or Inspire 1 will never be flown in or over congested areas, due to the nature and location of the proposed operations, the PI C, Observer(s), Instructor s and/or Student s may at times be less than 2 00 feet away from the UAS. Equivalent Safety Protocol Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammab le fuel onboard the Phantom 2V and Inspire 1 , an y risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and10

speed of the Phantom 2V and or Inspire 1 , as well as the controlled and sterile location where the operations will occur. In order to avoid an y risk to manned aircraft, flight op erations will be restricted to 2 00 feet AGL or below. As set forth in the Guide, the Phantom 2V’s or Inspire 1 flight height and radius restrictions will be set according to each operator’s level of experience which will be judged b y the PI C . The Phantom 2V and or Inspire 1 w ill be operated in an area that is owned by the client and closed to the public when in use . These restriction s will ensure that the proposed UAS operations are performed i n a manner that protects the safety of participants, nonparticipants, the UAS , and other property.

**i. 14 C.F.R. § 91.**  **121: Altimeter Settings** This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pre ssure. An exemption is required to the extent that the Phantom 2V do es not have a barometric altimeter, but rather a GPS altitude read out. Equivalent Safety Protocol The Guide requires compass calibration prior to each operation of the Phantom 2V to ensure the GPS functions correctly . The Phantom 2V User Manuel contains instructions for achieving this and the manufacturer, DJ I, will provide additional support if necessary

.

**j. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions**  Gregory B. May s requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No person may

begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the fi rst point of intended landing, and assuming normal cruising speed

– i. During the day , to fl y after that for at least 25 minutes; or ii. At night, to fly

after that for at least 45 minutes. Here, the technological limitations on the energy capabilities of the 5200mAh L iPo battery used in the Phantom 2V and the 5700mAh L iPo battery used in the Inspire 1 means that no meaningful flight operations can be conducted with the Phantom 2V or Inspire 1 while still maintaining a 30 minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Equivalent Safety Protocol11

The batteries powering the Phantom 2V and or Inspire 1 provide approximately 25 minutes of flight time. Training operations will be limited to a minimum voltage to ensure appropriate reserve battery to maintain an equivalent level of safety at all times. The UAS will notify the operator when they

are approaching and they are required to land at their home point and either switch out the battery or pause operations for recharging. If both the operator and PI C fail to land the UAS prior to the allotted minimum voltage, the UAS will autonomously return to it s original launch position.

**k. 1**  **4 C.F.R. § §**  **91. 405**  **, 91.407, 91.409, 91.417: Maintenance and Inspections** Gregory B. May s seeks an exemption from the maintenance inspection requirements co ntained in 14 C.F.R., sections 91.405 , 91.407, 91.409 , and 91.417. These rules specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See , e.g. , 14 C.F.R. § 91.405(a) (stating that each owner or operator o f an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as described in part 43 of this chapter.”) E xemption from these rules is requested because these sections of Title 14 require the aircraft to be maintained and inspected in accordance with Part 43 , whi ch only app lies to aircraft with an airworthiness c ertificate

. Therefore, based on the exemptions sought, these sections do not apply to Gregory

B. May s proposed UAS operations. Equivalent Safety Protocol Maintenance will be ac complished by authorized o perators , staff, and/or contracted labor pursuant to the Guide and the Manufacturer’s User Manual. An equivalent level of s afety will be achieved because a UAS like the Phantom 2V or like craft and its platform are very limited in size, will carry

a small payload, and will operate only in defined areas for limited periods of time. I f mechanical issues arise the Phantom 2V and or Inspire 1 will be able to land immediately on property owned b y the client and or owner of the craft to receive immediate maintenance. As provided in the Guide and Manufacturer’s User Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and will keep a log of any maintenance performed.
**l. 14 C.F.R. Part 61, 14 C.F.R. §**  **§ 61.3, 61.113: Private Pilot Privileges and**  **Limitations** Gregory B. May s will serve as the PIC for all flight operations and the instructor/co

instructor of an y course including an element o f drone flight. This should qualify persons with a private pilot’s certificate, among other qualifications, to instruct drone operation education when necessary . However, as is the nature of the proposed operations , introductory flight instruction using th e Phantom 2V UAS will be provided to staff who will likel y not have a private, or any ty pe of, pilot’s license. Accordingl y, Gregory B. May s seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these regulations are interpreted as requiring a student12

receiving UAS operation instruction to have a private pilot's certificate. All student instruction flights will be conducted under closel y controlled circumstances, outside of navigable airspace and away from persons or p roperty not involved in the instruction. In addition, the student instruction flights will be conducted under the close supervision of an instructor acting as PIC

. In addition, to the extent th at Gre gory B. May s **may** be employing persons with a private pi lot’s license to operate its UAS, an exemption is also sought from 14 C.F.R § 61.113, which restricts private pilot certificate holders from fl yi ng aircraft for compensation or hire, and which would also require a second class medical certificate. The purp ose of this section is to ensure the skill and competency

of any PIC where the aircraft is carrying passe ngers or cargo for hire. In this case, while instructors acting as PI C during UAS operations will be doing so for educational purpose s as part of Grego ry B. May s staff, the Phantom 2V or like craft carries neither passen gers nor cargo. Moreove r, in the Astraeus Aerial Grant of Exemption (FAA Docket No. FAA

- 2014

- 0352), the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PI C to have a Commercial Pilot Certificate and Class Ior II Medical Certificate. Equivalent Level of Safety Gregory B. May s will ensure an equivalent le vel of safety to the regulatory requirements of 14 C.F.R. Part 61, including 14 C.F.R. §§ 6 1.3 and 61.113 by following the safety procedures provide d in the Guide . In addition to training and experience requirement s and limitations, Gregory B. May s has pla ced additional restrictions on its proposed UAS operations to ensure an extra margin of safety. The UAS will only operate in a controlled and sterile area away f rom persons and property not involved in the operation. It will be flown based on VLOS at no mo re than 2 00 feet AGL

. Collectively , these procedures ensure that the proposed UAS operations can be conducted safel y . **V. Public Interest**  Because the technology

to provide photographs that can better facilitate clients desires to either market real estate or lend money for the purchase and or refinance of real estate has advanced to a degree that is not possible from traditional photography the public will be well served b y offering aerial photographs that can better produce the desired results. Some of which include the depiction of the beauty and aesthetics of a property for marketing purposes or the location of a property to surrounding adverse conditions that may affect the decision process of an institutional lender when making a loan for a particular prop erty. **VI. Privacy**  All of Gregory

B. May s UAS operations shall be conducted in accordance with applicable federal, state, or local laws regarding priva cy . Gregory B. May s will not conduct flight operations over property that it does not own or control without the prior consent and knowledge of the property owner. Moreover, Gregory B. Mays will not capture or use images from restricted areas requiring privacy and or confidentiality

under an y circumstance. This does not13

mean, however, that images may not be taken that are permitted by law and do not require a level of privacy

that is an exception to the norm. **VII. Federal Register Summary**  Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER , should it be determined that publication is needed: Petitioner seeks an exemption from the following sections in Title 14 of the Code of Federal Regulations: Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.3; 61.113 ; 91.7(a); 91.9(b)(2) ; 91.103; 91.109(a); 91.119; 91.121; 91. 151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1 ) & (2); 91.417 (a) & (b). The exemption will enhance safety b y reducing risk to the general public and property owners by

(a) ensuring that the operations of the UAS described above are recognized by the FAA in the form of an exemption (b) how to safely operate small UAS in furtherance of career objectives and to the benefit of public safety while providing a valuable serv ice as it relates to the real estate business provided by Gregory B. May s .14 APPENDIX A Gregory B. May s UAS Standard Operating Guide

▫ Any UAS in operation must weigh less than 55 pounds at its maximum take

- off weight.

▫ Flights will be operated within the VL OS of the PI C and an observer, at a minimum.

▫ Maximum total flight time for each operational flight will be limited to 25% reserve battery power remaining.

▫ Flights will be operated at an altitude of no more than 2 00 fee t AGL.

▫ Radius and altitude limitations will be set according to an assessment of the experience level of the operator for each flight.

▫ All operations will be conducted in class G airspace.

▫ Flights will be restricted to pre

- determined areas of the client/ owners property

.
▫ Flight zones will be located at the maximum distance away from persons, inhabited structures, and vehicles that is possibl e given the layout of the property . The flight zone in which operations occurs will be assigned based on surface and air traffic, activities, and weather conditions.

▫ Flights will be limited to a speed of 30 mph and vertical ascent will be limited to 15 mph.

▫ The UAS will be operated and maintained in accordance with the requirements of the Phantom 2V or Inspir e 1 User Manual and an y manufacturer Safety Bulletins.

▫ Prior to the operation, the flights will be full y preplanned and briefed, including possible contingencies and emergency procedures.

▫ The UAS will have the capability to abort flight in the case of unpredicted obstacles or emergencies.

▫ All required permissions, NOTAM’s and permits will be obtained from territorial, state, county

or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

▫ All UAS operations will occur in daylight, Visual Flight Rules ("VFR") conditions. Instrument flight rules flights are prohibited and no flights will occur at night, or in adverse weather conditions.

▫ The UAS will be co ntrolled by the Phantom 2 Remote Control System or like sy stem and the radio frequency

spectrum used for operation and control of the UA shall comply with the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements.15 APPENDIX B Don’t Fl y Drones Here Map: Restric t ed Areas near the City of Richmond and the area of operation most often occurring

Maps are pulled from the “Drones Don’t Fly Here” project website at

https://www.mapbox.com/drone/no

- fly /

.16 APPENDIX C AMA Advisory

Circular 

# ADVISORY CIRCULAR

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Washington, D.C. **Subject:** MODEL AIRCRAFT OPERATING STANDARDS 1. PURPOSE. This advisory circular outlines, and encourages voluntary compliance with, safety standards for model aircraft operators. 2. BACKGROUND. Modelers, generally, are concerned about safety and do exercise good judgement when flying model aircraft. However, model aircraft can at times pose a hazard to full

- scale aircraft in flight and to persons and property on the surface. Comp liance with the following standards will help reduce the potential for that hazard and create a good neighbor environment with affected communities and airspace users. 3. OPERATING STANDARDS. a. Select an operating site that is of sufficient distance from populated areas. The selected site should be away from noise sensitive areas such as parks, schools, hospitals, churches, etc. b. Do not operate model aircraft in the presence of spectators until the aircraft is successfully flight tested and proven airworthy

. c. Do not fly model aircraft higher than 400 feet above the surface. When flying aircraft within 3 miles of an airport, notify the airport operator, or when an air traffic facility is located at the airport, notify the control tower, or flight service station. d. Give right of way to, and avoid flying in the proximity of, full

- scale aircraft. Use observers to help if possible. e. Do not hesitate to ask for assistance from any airport traffic control tower or flight service station concerning c ompliance with these standards.

R.J. VAN VUREN Director, Air Traffic Service Initiated by : AAT

- 22017 APPENDIX D AMA Safety Code 

### Academy of Model Aeronautics National Model Aircraft Safety Code **Effective January 1, 2014** A. **GENERAL** : A model aircraft is a non - human

- carrying aircraft capable of sustained flight in the atmosphere. It may not exceed limitations of this code and is intended exclusively for sport, recreation , education and/or competition. All model flights must be conducted in accordance with this safety code and any additional rules specific to the flying site. 1. Model aircraft will not be flown: (a) In a careless or reckless manner. (b) At a location where model aircraft activities are prohibited. 2. Model aircraft pilots will: (a) Yield th e right of way to all human

- carrying aircraft. (b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA Document #540

- D.) (c) Not fly higher than approximately 400 feet above ground level within three (3) miles of an airport without notifying the airport operator. (d) Not interfere with operations and traffic patterns at any airport, heliport or seaplane base except where there is a mixed use agreement. (e) Not exceed a takeoff weight, including fuel, of 55 pounds unless in complianc e with the AMA Large Model Airplane program. (AMA Document 520

-A.) (f) Ensure the aircraft is identified with the name and address or AMA number of the owner on the inside or affixed to the outside of the model aircraft. (This does not apply to model aircr aft flown indoors.) (g) Not operate aircraft with metal

- blade propellers or with gaseous boosts except for helicopters operated under the provisions of AMA Document #555. (h) Not operate model aircraft while under the influence of alcohol or while using any drug that could adversely affect the pilot’s ability to safely control the model. (i) Not operate model aircraft carrying pyrotechnic devices that explode or burn, or any device which propels a projectile or drops any object that creates a hazard to pe rsons or property. Exceptions:

・ Free Flight fuses or devices that burn producing smoke and are securely attached to the model aircraft during flight.

・ Rocket motors (using solid propellant) up to a G

- series size may be used provided they remain attached to the model during flight. Model rockets may be flown in accordance with the National Model Rocketry Safety Code but may not be launched from model aircraft.

・ Officially designated AMA Air Show Teams (AST) are authorized to use devices and practices as d efined within the Team AMA Program Document. (AMA Document #718.) (j) Not operate a turbine

- powered aircraft, unless in compliance with the AMA turbine regulations. (AMA Document #510

-A.) 3. Model aircraft will not be flown in AMA sanctioned events, air sh ows or model demonstrations unless: (a) The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the specific event. (b) An inexperienced pilot is assisted by an experienced pilot. 4. Wh en and where required by rule, helmets must be properly worn and fastened. They must be OSHA, DOT, ANSI, SNELL or NOCSAE approved or comply with comparable standards.18

B. **RA DIO CONTROL (RC)**  1. All pilots shall avoid flying directly over unprotected people, ves sels, vehicles or structures and shall avoid endangerment of life and property of others. 2. A successful radio equipment ground

- range check in accordance with manufacturer’s recommendations will be completed before the first flight of a new or repaired mo del aircraft. 3. At all flying sites a safety line(s) must be established in front of which all flying takes place. (AMA Document #706.) (a) Only personnel associated with flying the model aircraft are allowed at or in front of the safety line. (b) At air shows or demonstrations, a straight safety line must be established. (c) An area away from the safety line must be maintained for spectators. (d) Intentional flying behind the safety line is prohibited. 4. RC model aircraft must use the radio

- control frequ encies currently allowed by the Federal Communications Commission (FCC). Only individuals properly licensed by the FCC are authorized to operate equipment on Amateur Band frequencies. 5. RC model aircraft will not knowingly operate within three (3) miles o f any pre

- existing flying site without a frequency

- management agreement. (AMA Documents #922 and #923.) 6. Wi th the exception of events flown under official AMA Competition Regulations, excluding takeoff and landing, no powered model may be flown outdoors closer than 25 feet to any individual, except for the pilot and the pilot's helper(s) located at the flightline. 7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight while it is still under power, except to divert it from striking an individual. 8. RC night flying requires a lighting system providing the pilot with a clear view of the model’s attitude and orientation at all times. Hand

- held illumination systems are inadequate for night flying operations. 9. The pilot of an RC model aircraft shall: (a) Maintain control during the entire flight, maintaining visual contact without enhancement other than by corrective lenses prescribed for the pilot. (b) Fly using the assistance of a camera or First

- Person View (FPV) only in accordance with the procedures outlined in AMA Document #550. (c) Fly using the assistance of autopilot or stabilization system only in accordance with the procedures outlined in AMA Document #560. C. **FREE FLIGHT** 1. Must be at least 100 feet downwind of spectators and automobile parking when the model aircraft is launched. 2. Launch area must be clear of all individuals except mechanics, officials, and other fliers. 3. An effective device will be used to extinguish any fuse on the model aircra ft after the fuse has completed its function. D. **CONTROL LINE** 1. The complete control system (including the safety thong where applicable) must have an inspection and pull test prior to flying. 2. The pull test will be in accordance with the current Compet ition Regulations for the applicable model aircraft category. 3. Model aircraft not fitting a specific category shall use those pull

- test requirements as indicated for Control Line Precision Aerobatics. 4. The flying area must be clear of all utility wires or poles and a model aircraft will not be flown closer than 50 feet to any above

- ground electric utility lines. 5. The flying area must be clear of all nonessential participants and spectators before the engine is started.