August 20, 2015 

United States Department of Transportation 

Docket Operations 

1200 New Jersey Ave. SE 

West Building Ground Floor Room W12-BO 

Washington, DC 20590 

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of2012 

Dear Sir or Madam: 

I am writing pursuant to the FAA Modernization and Reform Act of2012 (the "Reform Act 11) and the 

procedures contained in 14 C.F.R. 11, to request that Realtime Reporters, operator of a DJI Phantom 3 

Model #23, Serial #P77DCE2 UAS (UNMANNED AIRCRAFT SYSTEMS), and a transportable ground station. 

The PHANTOM is referred to as a quad-copter with the maximum gross weight of about 3 pounds. It is 

equipped with four rotors that are driven by electric motors powered by one multi-cell, lithium polymer 

battery. The Phantom 3 has a maximum airspeed of 30 knots. We are requesting exemption from the 

Federal Aviation Regulations listed below. The exemption is needed in order to operate a small 

lightweight unmanned aircraft system (UNMANNED AIRCRAFT SYSTEMS (UAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA). These operations will be conducted within and 

under the conditions outlined herein or as may be established By the FAA as required by Section 333.§1 

1.8 I. The following aspects of Section 333 of the FAA Modernization and Reform Act of 2012 should be 

considered. 

The following information is submitted to meet the requirement of the above act. 

1. Name and address: 

Realtime Reporters 

713 Lee Street 

Charleston, WV 25301 

304-532-2436, Teresa@realtimereporters.net 

Teresa Evans, Owner 
2. The Specific Sections of Title 14 of the Code of Federal Regulations from which Realtime Reporters 

Requests Exemption are: 

14 C.F.R. 21.1 

14 C.F.R. 45.23(b) 

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

14 C.F.R. 91, et seq. 

14 C.F.R. 407 (a) (1) 

14 C.F.R. 409 (a) (2) 

14 C.F.R. 417(a) & (b) 

3. The extent of relief you seek, and the reason you seek relief: 

Realtime Reporters respectfully submits this request in conjunction with the Reform Act, 112 P.L. 95 

§§331-334, pursuing reprieve from any currently applicable FARs operating to preclude Realtime 

Reporters. Intended use is for saleable cinematography in video or still format from the air. These 

products are to provide information for intended parties that enhance real estate listings or any legal 

site inspections that may provide supplementary tools adding a greater degree of flexibility which 

reduces costs to the client as compared to hiring manned aircraft inside the national airspace system. It 

is also our desire to conduct training courses on the operation and maintenance of a UAS such as our 

Phantom 3 for local photographers, law enforcement and other professionals in need of training as the 

laws evolve regarding drone use and its safety. 

The Reform Act in Section 332 provides for such incorporation of civil unmanned aircraft systems into 

our national airspace system as it is in the public's interest to do so. Realtime Reporters' DJI Phantom 3 

quad-copter small UNMANNED AIRCRAFT SYSTEMS (UAS), meets the definition of "small unmanned 

aircraft" as defined in Section 331 and therefore the integration of its ultra-light weight (UAS) is 

expressly considered by the Reform Act. Realtime Reporters would like to operate our DJI Phantom 3 

Model #W323, Serial #P77DCE2 UAS (UNMANNED AIRCRAFT SYSTEMS), prior to the time period by 

which the Reform Act requires the FAA to broadcast rules governing such craft. The Reform Act guides 

the Secretary in defining the types of UNMANNED AIRCRAFT SYSTEMS (UAS)'s that may operate safely in 

our national airspace system. Considerations include: The weight, size, speed and overall capabilities of 

the UNMANNED AIRCRAFT SYSTEMS (UAS)s; whether the UNMANNED AIRCRAFT SYSTEMS (UAS) will be 

operated near airports or heavily populated areas; and, whether the UNMANNED AIRCRAFT SYSTEMS 

(UAS) will be operated by line of sight. 

Realtime Reporters' DJI Phantom 3 Model# 323, Serial# P77DCE2 UAS (UNMANNED AIRCRAFT SYSTEMS) 

operates four (4·) counter-rotating propellers for stability, control and steadiness. Its UNMANNED 

AIRCRAFT SYSTEMS (UAS) is equipped with GPS and auto return safety technology. It weighs less than 

five (5) pounds far below the maximum 55 pound limit); including camera with gimbal. 

Operation of the UNMANNED AIRCRAFT SYSTEMS (UAS) preceding flight and post flight must be 

operated in a check list format and that safety is paramount with each flight. DJI Phantom 3 Model 
#323, Serial #P77DCE2 is designed to hover in place via GPS and operate in less than a 22 knots (25 mph) 

wind. Realtime Reporters will operate this UNMANNED AIRCRAFT SYSTEMS (UAS) mindful of safety, 

stability and fear of detrimental financial loss. Realtime Reporters will not fly in winds exceeding 13 

knots (15 mph) and will only fly during daytime hours. Built-in safety systems include a GPS mode that 

allows our UNMANNED AIRCRAFT SYSTEMS (UAS) to hover in place when radio controls are released. 

This is the safest, most dependable and unwavering mode to prevent accidents and hazards. When pilot 

communication is lost, the DJI Phantom 3 is designed to slowly descend to point of origination. The 

UNMANNED AIRCRAFT SYSTEMS (UAS) has a function that automatically video records once 

communication is lost. We do not and will not operate our UNMANNED AIRCRAFT SYSTEMS (UAS) near 

airports, hospitals or helipads, and do not operate near areas where general public are one hundred 

(100) yards depending on location, conditions and weather. Realtime Reporters is constantly vigilant and 

on alert for any manned aircraft and prepared to either avoid and shall yield the right-of-way to all 

aircraft and operate in a manner to avoid any type of collision hazard with respect to persons on the 

ground or property and to land/terminate instantly to the nearby and safest ground point should a 

manned aircraft approach our location or suspect manned aircraft may approach near our location. 

Our DJI Phantom 3 Model #323, Serial #P77DCE2 UAS (UNMANNED AIRCRAFT SYSTEMS) is capable of 

vertical and horizontal operations, and is flown only within line of sight. As a UAS, The DJI Phantom 3 

operates on battery power rather than combustible fuels and flights generally last between 8 to 10 

minutes, and within altitudes under three hundred (300) feet. 

4. How Request Will Benefit the Public As A Whole: 

In-flight videography for topographical awareness and real estate marketing or any legal business 

utilizing aerial photographs or video has been around for an extensive period of time done with manned 

fixed wing aircraft and helicopters. For the small-budget business person, the expense of such aerial 

videography is enormously high and cost prohibitive, depriving many smaller business people from 

exploiting a valuable advertising tool. Manned aircraft exposes a superior hazard to the public through 

conceivable cataclysmic crash causing loss of property and of lives. UNMANNED AIRCRAFT SYSTEMS 

(UAS) pose no such hazards due to size, speed and nonexistence of flammable fuel which significantly 

reduces any potential threat to the public. 

5. Reasons Why Exemption Will Not Adversely Affect Safety or How the Exemption Will Provide a 

Level of Safety At Least Equal To Existing Rule: 

Realtime Reporters' safety protocols will enhance safety; exemption will not adversely affect safety. In 

addition, Realtime Reporters submits the following representations of enhancements to current aerial 

videography and photography for real estate or any legal business requiring photographic images: 

-DJI Phantom 3 Model #W323 Serial Number P77DCE2 weighs less than 5 pounds complete with DJI 

factory-installed 4K camera 

-The Phantom 3 +firmware programmed for maximum distance of 300 feet above ground level and 

1000 feet radius distance are limited distances for maintaining visual sight line of operation. Most 
intended operation only requires range of 25-125 ft. above ground level and less than 200 feet lateral 

distance from Pilot In Command. 

Current firmware upgrades for: 

• Main Controller 

• GPS 

• Receiver 

• Battery 

1) Realtime Reporters will always obtain all essential permissions prior to operation and post a warning 

sign reading "Attention Use of Quad Rotor Drone for Aerial Photography in progress"; 

2) Realtime Reporters will conduct operations under strict personal and flight safety protocols and 

constantly strive to update and enhance safety protocols; 

3) Realtime Reporters will conduct extensive pre-flight inspections and protocol, during which safety 

carries principal importance; 

4) No payloads other than gimbaled camera; 

5) Realtime Reporters will only operate in reasonably safe environment that is strictly controlled, is away 

from power lines, elevated lights, airports and actively populated areas; 

6) Realtime Reporters will pilot our (UAS) through remote control using line of sight; 

7) Realtime Reporters will only operate our UNMANNED AIRCRAFT SYSTEMS (UAS) with a height 

limitation set for a maximum of 300 feet ABOVE GROUND LEVEL. (Operating -25% inside the 400ft. 

permissible ceiling set by the FAA Modernization and Reform Act of 2012); 

8) Realtime Reporters will only operate this (UAS) for 8-10 minutes per flight, well within tolerances 

issued by the manufacturer; 

9) Realtime Reporters will land our (UAS) prior to manufacturer recommended minimum level of battery 

power; 

10) Realtime Reporters will employ the GPS System, a flight safety feature whereby it hovers and then 

slowly lands if communication with the radio control pilot is lost and continues to record flight as per 

manufacturer's settings; 

11) Realtime Reporters will maintain records specific to retain until the flight project is repeated or 

superseded by other projects for one year after the work is performed; 

12)Realtime Reporters will maintain records and shall retain and transfer all records with the aircraft at 

the time the UAS may be sold; 

13) Realtime Reporters will list or denote in records a list of defects furnished to a registered owner or 

operator and will retain those records until defects are repaired and the UAS is approved for return 

service. 

Realtime Reporters's operating procedures exceeding existing rules: 

The possible loss of life is lessened because (UAS)'s carry no pilots or passengers on board and Realtime 

Reporters only operates our (UAS) safely in the direct detailed areas of operation versus fixed wing or 

helicopter requiring travel to the region of need. Second, there is no fuel on board our UAS and thus the 
probability for fire or explosions is significantly diminished. In conclusion, the small size and extreme 

maneuverability of our (UAS) allow ability to remotely pilot away from hazards quickly and safely. 

6. A Summary The FAA May Publish in the Federal Register: 

14 C.F.R. 21 and 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 §91.20.3(a)(1). The size, weight and enclosed 

operational area of our UNMANNED AIRCRAFT SYSTEMS (UAS) permits exemption from Part 21 because 

our UNMANNED AIRCRAFT SYSTEMS (UAS) 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 requirement under both the Act (49 U.S.C. §44·701(f)) and Section 333 of the Reform Act. 

Both pieces of legislation permit the FAA to exempt UNMANNED AIRCRAFT SYSTEMS (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. Realtime Reporters' current and projected 

UNMANNED AIRCRAFT SYSTEMS {UAS)'s meet or exceeds each of the details. 

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 UNMANNED AIRCRAFT SYSTEMS (UAS)'s, this regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining safety /flight manual 

delineating areas of where safety can be defined. The FAA has previously issued exemptions to this 

regulation in Exemption Nos. 8607, 87.'37, 8738,9299, 9299A, 9565, 9565B, 10167, I0167A, 10602, 

10700 and 32827. 

14 C.F.R. §91.121 regarding altimeter settings is inapplicable insofar as our UNMANNED AIRCRAFT 

SYSTEMS {UAS) utilizes electronic global positioning systems with a barometric sensor. 

14 C.F.R. §91.203 {a) and {b) provides for the carrying of 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 Realtime Reporters. 

14 C.F.R. §45.2.3: Marking of the Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. 

UNMANNED AIRCRAFT SYSTEMS (UAS) 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 that minimal lettering requirement. 

Regardless, we will mark our UNMANNED AIRCRAFT SYSTEMS {UAS) in the largest possible lettering by 

placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R.§45.29{f) so Realtime 

Reporters, the pilot, or anyone assisting us as a spotter with the UAV will see the markings. The FAA has 
previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167 A and 

10700. 

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 limited to non-commercial operations. Realtime Reporters can achieve an equivalent 

level of safety as achieved by current regulations because our UNMANNED AIRCRAFT SYSTEMS (UAS) 

does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote 

control piloting skills. The risks attendant to the operation of our UNMANNED AIRCRAFT SYSTEMS (UAS) 

is far less than the risk levels inherent in the commercial activities in the exemption request for Realtime 

Reporters Pursuant To Section 333 of the FAA Reform Act of 2012 in 14 C.F.R. §61, et seq., thus, allowing 

Realtime Reporters to operate our UNMANNED AIRCRAFT SYSTEMS (UAS) while meeting and exceeding 

current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 

14. C.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. Our UNMANNED AIRCRAFT SYSTEMS (UAS) will never 

operate at an altitude greater than 300 FEET ABOVE GROUND LEVEL; safely below the standard of 400 

FEET ABOVE GROUND LEVEL. Realtime Reporters will, however, operate our UNMANNED AIRCRAfT 

SYSTEMS (UAS) 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 our UNMANNED AIRCRAFT SYSTEMS (UAS), an equivalent or higher level of safety will be 

achieved. 

14 C.F.R. 91.405(a); 407(a) (I); 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 regulation 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, apply to Realtime Reporters' (UAS). However, as a safeguard, we will inspect our (UAS) 

beforehand and after each flight. 

Summary the FAA May Publish in the Federal Register: 

14 C.F.R. 21 and 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)(1). The size, weight and enclosed 

operational area of our (UAS) permit exemption from Part 21 because Realtime Reporters' (UAS) 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 (4·9 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. Realtime Reporters' (UAS) meets or exceeds 

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 F ARs, this 
regulation is inapplicable. 14 C.F.R. §91.9 (b) (2} requires an aircraft flight manual be maintained in the 

aircraft. As there are no pilots or passengers, and given the size of the UNMANNED AIRCRAFT SYSTEMS 

(UAS}'s, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a 

manual nearby for use and reference. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, etc. and a maintenance program 

that involves regular software updates and curative measures for any damaged hardware will ensure 

that an equivalent level of safety will be achieved. 

7. There is no request to exercise the privileges of your exemption outside the United States. 

Respectfully submitted, 

Realtime Reporters 

Teresa Evans, Owner