2/3/2016 

John Becker/ Bald Head Realty/ Small UAS Certificate of Registration FA3LEWYKT3 

33 Pine Lane 

Franklin, N C 28734 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Avenue SE 

Washington, D.C. 20590 

Re: Exemption Request for Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from 14 C.F.R. 91.7 (a), 14 C.F.R. 91.9 (b)(2), 14 C.F.R. 

91.103,14 C.F.R. 91.119, 14 C.F.R. 91.121,14 C.F.R. 91.405 (a), 14 C.F.R. 91.407 

(a)(1), 14 C.F.R. 91.409 (a)(1)&(2), 14 C.F.R. 91.417 (a)&(b) 

To Whom It May Concern: 

This application is being submitted on my own behalf. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act) and 14 C.F.R. Part 11, Aerial Images and Inspections, operator of Small 

Unmanned Aircraft Systems (UASs) equipped to conduct aerial photography and 

videography for the real estate industry, hereby applies for an exemption from the 

listed Federal Aviation Regulations ("FARs") to allow commercial operation of its 

UASs, as long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. 

This exemption would permit the operation of small, unmanned, and relatively 

inexpensive UAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety 

, enhancements to the already safe operations in the real estate industry presently 

using conventional aircraft. Approval of this exemption would enhance safety and 

fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to 

" ... establish requirements for the safe operation of such aircraft systems in the 

national airspace system." Section 333(c) of the Reform Act. The name and address 

of the applicant is: Bald Head Realty 

Please contact: 

John Becker 1 Bald Head Realty 

33 Pine Lane 

Franklin NC, 28734 

828-369-0000 

john@baldheadtherealtor.com 
Regulations from which the exemption is requested: 14 C.F.R. 91.7 (a), 14 C.F.R. 91.9 

(b)(2), 14 C.F.R. 91.103, 14 C.F.R. 91.119, 14 C.F.R. 91.121,14 C.F.R. 91:405 (a), 14 

C.F.R. 91.407 (a)(1), 14 C.F.R. 91.409 (a)(1)&(2), 14 C.F.R. 91.417 (a)&(b) 

This application is submitted to fulfill Congress' intent in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the 

national airspace system (NAS) before completion of the rulemaking required under 

Section 332 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of UASs do not create a hazard to users of the 

NAS or the public or pose a threat to national security in light of the following: 

The UAS's size, weight, speed, and operational capability; • Operation of the UAS in 

close proximity to airports and populated areas; and • Operation of the UAS within 

visual line of sight of the operator. 

Reform Act§ 333 (a). Lastly, if the Secretary determines that such vehicles "may 

operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace system." 

The Federal Aviation 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, that includes UASs, from the 

requirement that all civil aircraft must have a current airworthiness certificate. 

Applicant interprets this provision to place the duty on the Administrator to not 

only process applications for exemptions under section 333, but for the 

Administrator to craft conditions for the safe operation of the UAS, if it should be 

determined that the conditions set forth herein do not fulfill the statutory 

requirements for approval. 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-

44716 of this title if the Administrator finds the exemption in the public interest. 49 

U.S.C. §44701(t) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

Aerial Imagery and Inspection's UASs are rotorcraft, weighing 5 or fewer lbs. 

including payload. They operate, under normal conditions at a speed of no more 

than 30 knots and have the capability to hover, and move in the vertical and 

horizontal plane simultaneously. They will operate only in line of site. Such 

operations will insure that the sUAS will not create a hazard to users of the national 

airspace system or the public. 

Given the small size of our UASs, the applicant falls squarely within that zone 
of safety (an equivalent level of safety) in which Congress envisioned thatthe FAA 

must, by exemption, allow commercial operations of UASs to commence 

immediately. Also due to the size of the UASs and the restricted areas in which the 

relevant UASs will operate, approval of the application presents no national security 

issue. Given the clear direction in Section 333 of the Reform Act, the authority 

contained in the Federa Aviation Act, as amended; the strong equivalent level of 

safety surrounding the proposed operations, and the significant public benefit, 

including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for photography, the grant of the 

requested exemptions is in the public interest. Accordingly, the applicant 

respectfully requests that the FAA grant the requested exemption without delay. 

Aircraft and Equivalent Level of Safety 

The applicant proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed herein. 

These limitations provide for at least an equivalent or even higher level of safety to 

operations under the current regulatory structure because the proposed operations 

represent a safety enhancement to the already safe movie and television filming 

operations conducted with conventional aircraft. 

These limitations and conditions to which Aerial Imagery and Inspections agrees to 

be bound when conducting commercial operations under an FAA issued exemption 

include: 

1. The sUAS will weigh less than 5 lbs. 2. Flights will be operated within line of sight 

of a pilot and/ or observer. 3. Maximum total flight time for each operational flight 

will be 25 minutes. Flights will be terminated at 25% battery power reserve should 

that occur prior to the 25 minute limit. 4. Flights will be operated at an altitude of no 

more than 200 feetAGL or, not more than 200 feet above an elevated platform from 

which filming is planned. 5. Minimum crew for each operation will consist of the 

UAS Pilot, and the Visual Observer. 6. sUAS Pilot will be Pilot in Command (PIC) 7. 

The UAS will only operate within a confined area. 8. A briefing will be conducted in 

regard to the planned UAS operations prior to each project. It will be mandatory 

that all personnel who will be performing duties be present for this briefing. 9. The 

operator will obtain the consent of all persons involved in the photography and 

filming and ensure that only consenting persons be allowed within 50 feet of the 

flight operation. 10. Pilot and observer will have been trained in operation ofUAS 

generally and received up-to-date information on the particular UAS to be. 11. 

Observer and pilot will at all times be able to communicate by voice andjor text. 12 

Written and/ or oral permission from the relevant property holders will be obtained. 

13. If the UAS loses communications or loses its GPS signal, the UAS will have 

capability to return to a pre-determined location within the security perimeter and 

land. 14. The UAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1). Given the size and limited operating area associated with the 

aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of 

the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of 

the Reform Act both authorize the FAA to exempt aircraft from the requirement for 

an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the 

particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS 

operated without an airworthiness certificate, in the restricted environment and 

under the conditions proposed will be at least as safe, or safer, than a conventional 

aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than Sibs. fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a secured area. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by the operator. 

These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these 

same criteria demonstrates that there is no credible threat to national security 

posed by the UAS, due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number 

is displayed on limited, restricted or light-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 nor more than 6 inches high, the words "limited," "restricted," "light-sport," 

"experimental," or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS although there is no entrance to a cabin, cockpit or pilot 

station on which the word "Experimental" can be placed. Given the size of the 

UAV, two-inch lettering will be impossible. The word "Experimental" will be 

placed on the fuselage in compliance with §45.29 (f). The equivalent level of 

safety will be provided by having the sUAV marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the sUAV will see 

the identification of the UAS as "Experimental." No person may operate a U.S.-

registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is 

not required by §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 any combination thereof. 

The sUAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but 

because there is no room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the pilot flying the sUAS will have immediate access to 

it. The FAA has issued the following exemptions to this regulation: Exemption 

Nos.8607, 8737, 8738,9299, 9299A, 9565,95658, 10167, 10167 A, 10602, 32827, 

and 10700. 14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in 

command to take certain actions before flight to insure the safety of flight. As FAA 

approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided as set forth 

in Sections J and K of the Manual. The PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. 14 C.F.R. §91.109: Flight instruction: 

Section 91.103 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. sUASs and remotely piloted aircraft, by their design 

do not have fully functional dual controls. Flight control is accomplished through the 

use of a control box that communicates with the aircraft via radio communications. 

The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. 

See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the 

fact that neither a pilot nor passengers will be carried in the aircraft and by the size 

and speed of the aircraft.14 C.F.R. §91.119: Minimum safe altitudes Section 

91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided 

the person operating the helicopter complies with any route or altitudes prescribed 

for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, or not more 

than 200 above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, except for the limited 

conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. 

It will however be operated in a restricted area with security perimeter, where 

buildings and people will not be exposed to operations without their pre-obtained 

consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the 

UAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to 

the property owner and participants in the filming activity, all affected individuals 

will be aware of the planned flight operations. Compared to flight operations with 

aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein 

and the lack of flammable fuel, any risk associated with these operations is far less 
than those presently presented with conventional aircraft operating at or below 500 

AGL. In addition, the low-altitude operations of the sUAS will ensure separation 

between these small-UAS operations and the operations of conventional aircraft 

that must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set " ... to the elevation of the departure 

airport or an appropriate altimeter setting available before departure." As the UAS 

may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Manual and Safety Check list, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. 

§91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) 

prohibits an individual from beginning "a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to 

fly to the first point of intended landing, and, assuming normal cruising speed-

(1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after 

that for at least 45 minutes." 

The battery powering the sUAS provides approximately 30 minutes of powered 

flight. To meet the reserve requirement in 14 CFR §91.151, sUAS flights would be 

limited to approximately 10-12minutes in length. Given the limitations on the UAS's 

proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or night VFR 

conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope 

of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation 

to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a 

tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes 

of reserve fuel, does not engender the type of risks that Section 91.151(a) was 

intended to alleviate given the size and speed of the small UAS. Additionally, limiting 

sUAS flights to 10 minutes would greatly reduce the utility for which the exemption 

will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 30 minutes or 25% of battery power whichever happens first. This 

restriction would be more than adequate to return the UAS to its planned landing 

zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying Civil 

Aircraft Certification and Registration The regulation provides in pertinent part: 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it 

has within it the following: 
(1) An appropriate and current airworthiness certificate. 

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91. 715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs and is operated without an 

on board pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the sUAS will have immediate access to 

them, to the extent they are applicable to the UAS. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797 A, 9816A, and 10700. 14 

C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner "shall have that 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 ... ," and others shall inspect or 

maintain the aircraft in compliance with Part 43. Given that these section and Part 

43 apply only to aircraft with an airworthiness certificate, these sections will not 

apply to the applicant. The operator pursuant to the flight manual will accomplish 

maintenance. An equivalent level of safety will be achieved because these small 

UASs are very limited in size and will carry a small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise the UAS can 

land immediately and will be operating from no higher than 400 feet AGL. As 

provided in the Manual, the operator will ensure that the UAS is in working order 

prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with 

the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety. 

The operation of small UASs, weighting less than 55lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein, including exempting the applicant from 

the requirements of Part 21 and allowing commercial operations. These lightweight 

aircraft operate at slow speeds, close to the ground, and in a sterile environment 

and, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people. Privacy All flights 

will occur over private or controlled access property with the property owner's 

prior consent and knowledge. Filming will be of people who have also consented to 

being filmed or otherwise have agreed to be in the area where filming will take 

place. 
Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security -provide more than 

adequate justification for the grant of the requested exemptions allowing 

commercial operation of applicant's UAS in the real estate industry. In my particular 

geographical area, there are no commercial airports. 

This is a mountainous and rural region encompassed by USFS lands, where homes 

are placed on the sides and tops of these mountains. A UAS is used solely to 

photograph homes that otherwise could not be photographed without the 

assistance of a UAS. The buying public is benefited greatly by this ability to "see" the 

homes as they actually are. 

Sincerely, 

john Becker/ Bald Head Realty 

33 Pine Lane 

Franklin NC, 28734 

828-369-0000 

john@ bald head th ereal to r.com 

2/3/2016