June 14, 2015 U.S.Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 **RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from** 14 C.F.R. 45.23{b); 14 C.F.R. Part 21; 14 C.F.R. 61.113( a)&(b); 91.7(a); 91.9( b); (2); 91.103(b); 91.109; 119.121; 91.lSl(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417 (a )&(b)

Dear Sir or Madam, We, Michael and Aaron Libbie, (Doing Business as, Insight Advertising, Marketing, and co mmun ications) are writing regarding the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11,to request that we, Michael and Aaron Libbie , (Doing Business as, Insight Advertising, Marketing, and communications) an owner and operator of small unmanned aircraft, be exempt from the Federal Aviation Regulations ("FARs") listed below so that we, Michael and Aaron Libbie , (Doing Business as, Insight Advertising, Marketing, and communications) may operate our smal l ultra

- lightweight unmanned aircraft system ("sUAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA"). As described herein, we, Michael and Aaron Libbie, (Doing Business as, Insight Advertising, Marketing, and communi c ations) are experienced photographer s within the State of Iowa ; experienced in flying hobby flying quadcopters for recreational purposes. I have recently added a professional grade quadcopter sUAS to my inventory which is equipped with a camera and inte nded for aerial photography/videography/cinematography. Equipment : DJI Phantom 3 Advanced. Model : W322
FCC ID: SS3

- WH3221503

For the reasons stated below we, Michael and Aaron Libbie , (Doing Business as, Insight Advertising, Marketing, and communic ations ) respectfully request the granting of an exemption allowing Aaron Libbie to operate an ultra

- light weight remote controlled sUAS's for advertising, marketing, photo, video of real estate, agriculture, multi

-family housing, and special local event s. B en efit/stimulate attraction to Des Moines Metro area and to enhance real estate /mulit

-family housing listing videos for homeowners who cannot afford expensive manned aircraft for the same purpose. Both of which will promote local economic growth th rough increased employment and increased tax base. Both with public safety and privacy in mind.**1. Contact information.** 

Michael and Aaron Libble Insight Advertising, Marketing, and communications 2815 100 th st. Urbandale, Iowa 50322

2 . **The Spe cific Sections of Title 14 of the Code of Federal Regulations**  From which Michael and Aaron Libbie , (Doing Business as, Insight Advertising, Marketing, and communications ) Requests Exemption are: 14CFR 21; 14C.F.R.45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91,et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

3. **The Extent of relief** Michael and Aaron Libbie , (Doing Business as, Insight Advertising, Marketing, and communications ) seeks and the Reason we Seek Such Relief we, Michael and Aaron Libbie , (Doing Business as, Insight Advertising, Marketing, and communications ) submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to pr event we, Michael and Aaron Libbie, (Doing Business as, Insight Advertising, Marketing, and communications ) contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provi des for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public's interest to do so. Our ultra light weight sUAS meets the definition of "small unmanned aircraft' as defined in Section 331 and therefore the integration of my ultra

- lightweight sUAS is expressly contemplated by the Reform Act. We would like to operate our ultra

- lightweight sUAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Ther eby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related sUAS aerial video and photography. The Reform Act guides the Secretary in determi ning the types of sUAS's that we operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the sUAS's; Whether the sUAS will be operated near airports or heavily populated areas; and, Whether the sUAS will be operated by li ne of sight. 112 P.L. 95 § 333 (a). Each of these items reflects in favor of an exe mption for us , Michael and Aaron Libbie , (Doing Business as, Insight Advertising, Marketing, and communications ) . My sUAS utilizes four (4) counter rotating propellers for balance, control and stability. My sUAS is equipped with GPS and auto return to takeoff safety technology. Weighing less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal.

We, Michael and Aaron Libbie , (Do ing Business as, Insight Advertising, Marketing, and communications ) consider safety foremost with each flight. My small unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financial loss. I will not fly in winds exceeding 16 kph (10 mph). Built in safety systems include a GPS mode that allows my sUAS to hover in place when radio controls are released. When pilot communication is lost, my sUAS is designed to return to the point of takeoff, slowly descend, land, and disengage the electric motors. I do not and will not operate my sUAS near airports, Hospitals, Military installations or areas, nor Police heliports, and will not operate near areas where general public is wi thin fifty to one hundred (50

- 100) yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft (Personal crafts, Police/Medical helicopters, etc.) and am prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my location. My sUAS is capable of vertical and horizontal operations, and is flown only within my line of sight, as the remote control sUAS pilot. U tilizing battery power rather than combustible fuels, flights generally last between fifteen (15) to thirty (30) minutes, with an altitude under one hundred fifty (150) feet. We , utilize a fresh fully charged battery with each flight as a safety precauti on; full flight time limit for each battery is thirty (30) to thirty five (35) minutes as tested. I do not operate my sUAS at or below manufacture recommend minimum charge levels for operation; preferring to remain well within safe operating range to ensure adequate communication between radio transmitter and sUAS receiver to eliminate any potential for crash, loss of control, or hazard. Reserve batteries are at hand with each operation to ensure replacement for sufficient safe level of o peration. We do no t believe in taking risks that may cause a crash, could create hazards to the public/property/manned aircraft, and have no desire to lose an investment. We have clocked numerouspractice flights in familiarization with the characteristics of this specific s UAS's performance under different temperature and weather conditions. We also have with meat all practice flights and future commercial flights a second team member acting solely as a spotter to ensure the safety of the public, property, and manned aircraft. We are extremely cautious when operating of my sUAS/ultra

- lightweight unmanned aircraft 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 promulgated the Reform Act and the corresponding directive to integrate sUAS's into the national airspace system.

4. **How Michale and Aaron Libbie (Doing Business as, Insight Advertising, Marketin g, and communications )**  **Request Will Benefit the Public** as a Whole: Aerial photography and videography for geographical awareness and/or for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For sm all budget real estate companies and average homeowners, the expense of such aerial photography and videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford such expense. Depriving non - luxury and lower bud get Realtors from a valuable marketing tool. It is my belief that sUAS flight is currently taking place by either the real estate agents themselves, or maybe being done by someone they know. Either way, it is my objective to provide this service as a train ed professional with a "safety first" mindset so that the eventual commercialization of sUAS flight is not affected negatively by those who are doing this without proper training. Congress has already proclaimed that it is in the public's interest to integ rate commercially flown sUAS's into the national airspace system, hence the passing of the Reform Act. Granting our exemption furthers the public interest through academic/visual awareness of the geographical benefits in and around the Des Moines Metro are a. My ultra

- lightweight sUAS is battery powered and creates no emissions that can harm the environment. The consequence of my ultra

lightweight sUAS crashing is far less than a full sized helicopter or fixed wing aircraft; which are heavy, contain combusti ble fuel and can cause catastrophic devastation to the public. The public's interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery operated ultra

- lightweight sUAS's. Permitting us to imm ediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact for the Des Moines Metro area for companies and individuals looking to relocate and build in the said areas as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community.

5 **. Reasons Why** Michael and Aaron Libbie , (Doing Business as, Insight Advertising, Marketing, a nd communications ) Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existi ng Rules: Our exemption will not adversely affect safety. Quite the contrary, for the reasons stated pe rmitting us to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety development in cooperation with the FAA. I n addition, we sub mit the following representations of enhancements to current aerial videography and photography for real estate: • My sUAS weighs less than 5 pounds complete with a small ultra

- lightweight high quality GoPro Hero 3+ Black Camera; • I only operate my sUAS below 200 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012); • My sUAS only operates for 15

- 20 minutes perflight; • I land my sUAS prior to manufacturer recommended minimum level of battery power;

• I pilot my sUAS through remote control only by line of sight and with an additional spotter; • My sUAS has GPS, a flight safety feature, whereby it returns to point of takeoff, hovers, and then slowly lands if communication with the remote transmitter is lost; • I actively analyze flight data, the Center Weather Service Unit, NOAA, and other sources of information to constantly update and enhance safety protocols prior to and during flights;• I only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports, and actively populated areas; • I conduct extensive pre

-flight inspections and protocols during which safety carries prima ry importance; • I always obtain all necessary permi ssions prior to operation;
• I have procedures in place to abort flights in the event of safety breaches or potential danger • My sUAS utilizes a Spektrum 2.4GHz DSMX system. Spektrum systems are distin guished in that they use direct

sequence spread spectrum (DSSS) technology on the 2.4 GHz ISM band. Spektrum refers to their technology as "Digital Spectrum Modulation." Each transmitter has a globally unique identifier (GUID), to which receivers can be bo und, ensuring that no transmitter will interfere with other nearby Spektrum DSMX systems. This works in a manner that both transmitter and receiver are constantly changing through the different frequencies of the 2.4 GHz range. The Spektrum system is also unique in that it offers "Model Match" in which each transmitter program for a particular flight model is bound to one and only one receiver. This prevents a user from flying his/her sUAS while the transmitter is still programmed for his/her RC hobby airpl ane. The Spektrum 2.4 GHz DSMX technology allows for uninterrupted frequency transmission. If at any time, in the very small chance it is interrupted or loss of signal, the sUAS will go into a failsafe mode allowing the sUAS to return to the point of takeo ff, hover, land, and disengage the motors. If signal is ever lost, this redundancy takes over but can be overridden once in range or the interference ceases.

5. A **Summary The FAA May Publish in the Federal Register:** A. 14 C.F.R. 21and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(l). The size, weight and enclose d operational area of my, sUAS permits exemption from Part 21because my sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requireme nt under both the Act (49 U.S.C § 44701 (f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA exempt sUAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My, current and projected sUAS's meet or exceed each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the sUAS's, this Regulation is inappli cable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be defined 5 . The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 95 65, 9565B, 10167A, 10602, 10700 and 32827. 14 C.F.R. §91.121 regarding altimeter settings is inapplicable insofar as my sUAS utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying o f civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by us, Michael and Aaron Libbie (doing business as Insight Advertising, Marketing, and Communication). B. 14C.F.R. §61.113: Private Pilot Privileges and Limitations: PIC. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My sUAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller than minimal letter ing requirement. Regardless, I will mark its sUASs in the largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R §45.29 (f) so that I, the pilot, or anyone assisting me as a spotter with the UAV will see the m arkings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. C. 14 C.F.R §61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are li mited to non

- commercial operations. We can achieve an equivalent level of safety as achieved by current Regulations because my sUAS does not carry any pilots or passengers. Further, while helpful, a pilot’s license will not ensure remote controlpiloting s kills. The risks attended to the operation of my sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. §61,et seq. Thus, allowing us,to operate our sUAS meet and exceed current safety levels in relation to 14 C. F.R. §61.113 (a) &(b). D. 14C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My sUAS will never operate a t an altitude greater than 200 AGL; safely below the standard of 400 AGL. We will however operate our sUAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my sUAS, an equivalent or higher level of safety will be achieved. E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections. The above

- cited Regulations require, amongst other things, aircraft owners and operators to "have [the] 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...." These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, a pply to our sUAS. However, as a safety precaution, I inspect my sUAS before and after each flight. A Summary The FAA May P ublish in the Federal Register: A. 14 C.F.R. 21and 14 C.F.R. 91: Airworthy ness Certificates, Manuals and The Like. 14 C.F.R. 21,Subpart H, entitled Airworthy ness Certificates, sets forth requirements for procurement of necessary airworthiness certificate s in relation to FAR § 91.203{a)(l). The size, weight and enclosed operational area of my sUAS permits exemption from Part 21 because our, sUAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the 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 sUAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My sUAS meets or exceeds each of these elements. 14 C.F.R 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2 ) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the sUAS's, the Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program th at involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved

**In Summary, Michael and Aaron Libbie (Doing Bisiness as Insight Advertising, Marketing, and communications)**  **se eks**  **an exemption from the following Regulations:** 14 C.F.R. 21,subpart H; 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. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121;14 C.F.R. § 91.151(a);14C.F.R. §§ 91.203 (a) and (b); 14 C.F.R. § 91.405 (a); 14C.F.R. § 91.407 (a)(l);14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a)(2); and 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate our, Michael and Aaron Libbie (Doing Busine ss as Insight Advertising, Marketing, and Communication) , small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and real estate operations, and to develop economic platforms for real estate to enhance the experience of those seeking to relocate to the Des Moines Metro area. Currently, area awareness and real estate aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting our request for exemption will reduce current risk levels and thereby enhance safety. My sUAS craft do not contain potentially explosive fuel, is smaller, lighter and more maneuverable then conventional real estate video and photographic aircraft with much less fligh t time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. We have been informally analyzing flight information and will compile safety protocols and the implementat ion of a flight operations manual for real estate usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying wit h the FAA Modernization and Reform Act of 2012. There are zero personnel on board my sUAS and therefore the likelihood of death or serious bodily injury is significantly diminished. Our operation of my sUAS, weighing less than 5 pounds and traveling at low er speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly, we, Michael and Aaron Libbie (Doing Business as Insight Advertising, Marketing, and Communication), respectfully requestthat the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large

Thank you for your time, 

# Michael Libbie Aaron Libbie

Michael Libbie Aaron Libbie Insight Advertising, Marketing, and Communication
2815 100 th st. Urbandale, Iowa 50322
515

- 331

- 3206 http://www.insightcubed.com

Digitally Signed/Digital Copy Original Available Upon Request