### August 20, 2015

United States DepartmentofTransportation Docket Operations 1200 NewJersey Ave. SE West Building Ground Floor Room W12-BO Washington, DC 20590

Re: Exemption Request PursuantTo Section 333 ofthe 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 atransportable ground station. The PHANTOM is referred to as a quad-copter with the maximum gross weight ofabout 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 underthe conditions outlined herein oras may be established By the FAA as required by Section 333.§1 1.8 I. 

### The following aspects ofSection 333 ofthe FAA Modernization and Reform Act of2012 should be considered.

The following information is submitted to meetthe requirement ofthe above act.



### 1. Name and address:

Realtime Reporters 713 Lee Street Charleston, WV 25301 304-532-2436,Teresa@realtimereporters.net Teresa Evans, Owner2. The Specific Sections ofTitle 14ofthe Code of Federal Regulationsfromwhich Realtime Reporters Requests Exemption are:

14C.F.R. 21.1 14C.F.R. 45.23(b) 14C.F.R. 61.113 (a) 

### & (b) 14C.F.R. 91, etseq. 14 C.F.R. 407 (a) (1) 14C.F.R. 409 (a) (2) 14C.F.R. 417(a) 

### & (b)

3. The extentof reliefyou 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 operatingto preclude Realtime Reporters. Intended use is forsaleable cinematography in video orstill format from the air. These products are to provide information for intended partiesthat enhance real estate listings orany legal site inspectionsthat may provide supplementarytools adding agreaterdegree offlexibilitywhich 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 ofa UAS such as our Phantom 3 for local photographers, lawenforcementand otherprofessionals in need oftraining as the laws evolve regarding drone use and its safety.

The Reform Act in Section 332 providesforsuch incorporation ofcivil unmanned aircraft systems into
our national airspace system as it is in the public's interestto do so. Realtime Reporters' DJI Phantom 3 quad-copter small UNMANNED AIRCRAFT SYSTEMS (UAS), meetsthe definition of"small unmanned aircraft" as defined in Section 331 and therefore the integration ofits ultra-lightweight (UAS) is expressly considered by the Reform Act. Realtime Reporters would liketo operate our DJI Phantom 3 Model #W323, Serial #P77DCE2 UAS (UNMANNED AIRCRAFT SYSTEMS), priortothetime period by which the Reform Act requires the FAA to broadcast rules governing such craft. The Reform Act guides the Secretary in definingthe 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; whetherthe UNMANNED AIRCRAFT SYSTEMS (UAS) will be operated near airports or heavily populated areas; and, whetherthe UNMANNED AIRCRAFT SYSTEMS (UAS) will be operated by line ofsight.

Realtime Reporters' DJI Phantom 3 Model#323, Serial# P77DCE2 UAS (UNMANNED AIRCRAFT SYSTEMS) operatesfour (4·) counter-rotating propellers forstability, control and steadiness. Its UNMANNED AIRCRAFT SYSTEMS (UAS) is equipped with GPS and auto return safetytechnology. Itweighs less than five (5) poundsfar belowthe maximum 55 pound limit); including camera with gimbal.
Operation ofthe UNMANNED AIRCRAFT SYSTEMS (UAS) precedingflight and postflight must be operated in a check listformat and that safety is paramountwith 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 ofsafety, stability and fear ofdetrimental financial loss. Realtime Reporters will notfly in winds exceeding 13 knots (15 mph) and will only fly during daytime hours. Built-in safety systems include aGPS 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 oforigination. The UNMANNED AIRCRAFT SYSTEMS (UAS) has afunction that automaticallyvideo records once communication is lost. We do not and will not operate our UNMANNED AIRCRAFT SYSTEMS (UAS) near airports, hospitals or helipads, and do notoperate near areas where general public are one hundred (100) yards depending on location, conditions and weather. Realtime Reporters is constantlyvigilant and
on alertfor any manned aircraft and prepared to either avoid and shall yield the right-of-way to all aircraft and operate in a mannerto avoid any type ofcollision hazard with respect to persons on the ground or property and to land/terminate instantlytothe nearby and safest ground point should a manned aircraft approach our location orsuspect 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 onlywithin line ofsight. As a UAS, The DJI Phantom 3 operates on battery power ratherthan combustible fuels and flights generally last between 8to 10 minutes, and within altitudes underthree hundred (300) feet.

4. How Request Will Benefitthe Public As A Whole:
In-flightvideography fortopographical awareness and real estate marketing or any legal business utilizing aerial photographs orvideo has been around for an extensive period oftime done with manned fixed wing aircraft and helicopters. For the small-budget business person, the expense ofsuch aerial videography is enormously high and cost prohibitive, depriving many smaller business people from exploiting avaluable advertisingtool. Manned aircraft exposes a superior hazard to the publicthrough conceivable cataclysmic crash causing loss ofproperty and oflives. UNMANNED AIRCRAFT SYSTEMS (UAS) pose no such hazards due to size, speed and nonexistence offlammable fuel which significantly reduces any potentialthreattothe public.

5. Reasons Why Exemption Will NotAdversely Affect Safety or Howthe Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

Realtime Reporters' safety protocols will enhance safety; exemption will notadversely affect safety. In addition, Realtime Reporters submits the following representations ofenhancements to current aerial videography and photography for real estate orany 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 of300 feet above ground level and 1000feet radius distance are limited distances for maintainingvisual sight line ofoperation. Most

### intended operation only requires range of25-125 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 priorto operation and post awarning sign reading "Attention Use ofQuad Rotor Drone forAerial Photography in progress"; 2) Realtime Reporters will conduct operations understrict 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 otherthan gimbaled camera; 5) Realtime Reporters will only operate in reasonably safe environmentthat 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 ofsight; 7) Realtime Reporters will only operate our UNMANNED AIRCRAFT SYSTEMS (UAS) with a height limitation set for a maximum of300 feet ABOVE GROUND LEVEL. (Operating -25% inside the 400ft. permissible ceiling set by the FAA Modernization and Reform Act of2012); 8) Realtime Reporters will only operate this (UAS) for 8-10 minutes perflight, well within tolerances issued by the manufacturer; 9) Realtime Reporters will land our (UAS) priorto manufacturer recommended minimum level of battery power; 10) Realtime Reporters will employthe GPS System, aflight safety feature whereby it hovers and then slowly lands ifcommunication with the radio control pilot is lost and continuesto 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 projectsforone year afterthe 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 ordenote in records a list ofdefects furnished to a registered owneror 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 oflife 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 ofoperationversus fixed wing or helicopter requiring travel to the region of need. Second, there is no fuel on board our UAS and thus theprobabilityforfire or explosions is significantly diminished. In conclusion, the small size and extreme maneuverability ofour (UAS) allowabilityto remotely pilot away from hazards quickly and safely.

6. A SummaryThe 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 requirementsfor procurementof necessary airworthiness certificates in relation to FAR §91.20.3(a)(1). The size, weight and enclosed operational area ofour UNMANNED AIRCRAFT SYSTEMS (UAS) permits exemption from Part 21 because
our UNMANNED AIRCRAFT SYSTEMS (UAS) meets {and exceeds) an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both the Act (49 U.S.C. §44·701(f)) and Section 333 ofthe Reform Act. Both pieces oflegislation permitthe FAAto exempt UNMANNED AIRCRAFT SYSTEMS (UAS)'s from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. Realtime Reporters' current and projected UNMANNED AIRCRAFT SYSTEMS {UAS)'s meetor exceeds each ofthe details.

14C.F.R. 91.7(a) prohibitsthe operation ofan aircraftwithout 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 ofthe UNMANNED AIRCRAFT SYSTEMS (UAS)'s, this regulation is inapplicable. An equivalent level ofsafetywill be achieved by maintaining safety/flight manual delineating areas ofwhere safety can be defined. The FAA has previously issued exemptionstothis regulation in Exemption Nos. 

### 8607, 87.'37, 8738,9299, 9299A, 9565, 9565B, 10167, I0167A, 10602, 10700 and 32827.

14C.F.R. §91.121 regarding altimetersettings is inapplicable insofaras our UNMANNED AIRCRAFT SYSTEMS {UAS) utilizes electronicglobal positioning systems with a barometric sensor.

14C.F.R. §91.203 {a) and {b) providesforthe carrying ofcivil aircraft certifications and registrations. They are inapplicable forthe same reasons described above. The equivalent level ofsafety will be achieved by maintaining any such required certifications and registrations by Realtime Reporters.

14 C.F.R. §45.2.3: Marking ofthe Aircraft. Applicable Codes of Federal Regulation require aircraftto be marked accordingto 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 difficultto place on such small aircraftwith dimensions smallerthat minimal lettering requirement. Regardless, we will markour UNMANNED AIRCRAFT SYSTEMS {UAS) in the largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14C.F.R.§45.29{f) so Realtime Reporters, the pilot, oranyone assisting us as aspotterwiththe UAVwill see the markings. The FAA haspreviously issued exemptionsto this regulation through Exemptions Nos. 8738, 10167, 10167A 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 ofsafety 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 notensure remote control piloting skills. The risks attendanttothe operation ofour 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 ofthe FAA Reform Act of2012 in 14 C.F.R. §61, etseq., thus, allowing Realtime Reporters to operate our UNMANNED AIRCRAFT SYSTEMS (UAS) while meeting and exceeding current safety levels in relation to 14C.F.R. §61.113 (a) & (b).

14. C.F.R. 91.119: Minimum Safe Altitudes: 14 C.F.R. 91.119 prescribes safe altitudes forthe operation ofcivil aircraft. Itallows helicopters to be operated at lower altitudes in certain conditions. Our UNMANNED AIRCRAFT SYSTEMS (UAS) will never operate at an altitude greaterthan 300 FEET ABOVE GROUND LEVEL; safely belowthe standard of400 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 ofsafety at least equivalent to or belowthose in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofour UNMANNED AIRCRAFT SYSTEMS (UAS), an equivalent or higher level ofsafetywill 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 otherthings, aircraftowners and operatorsto "have [the] aircraft inspected as prescribed in Subpart Eofthis regulation and shall, between required inspections, except as provided in Paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter''

.... These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, applyto Realtime Reporters' (UAS). However, as asafeguard, we will inspect our (UAS) beforehand and after each flight.

Summarythe 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 ofour (UAS) permit exemption from Part 21 because Realtime Reporters' (UAS) meets
an equivalent level ofsafety pursuant to Section 333 ofthe 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 ofthe Reform Act. Both pieces of legislation permitthe FAA to exempt (UAS)'s from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. Realtime Reporters' (UAS) meets orexceeds each ofthe elements. 14C.F.R. 91.7(a) prohibits the operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, thisregulation is inapplicable. 14C.F.R. §91.9 (b) (2} requires an aircraftflight manual be maintained in the aircraft. As there are no pilots or passengers, and given the size ofthe UNMANNED AIRCRAFT SYSTEMS (UAS}'s, this Regulation is inapplicable. An equivalent level ofsafetywill be achieved by maintaining a manual nearbyfor use and reference. The FAA has previously issued exemptionstothis 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 forany damaged hardware will ensure that an equivalent level ofsafetywill be achieved.



### 7. There is no request to exercise the privileges ofyour exemption outsidethe United States.
Respectfully submitted,



### Realtime Reporters Teresa Evans, Owner