2/3/2016 John Becker/ Bald Head Realty/ Small UAS Certificate ofRegistration FA3LEWYKT3 33 Pine Lane Franklin, N C28734

U.S. DepartmentofTransportation Docket Management System 1200 New Jersey Avenue SE Washington, D.C. 20590

Re: Exemption Request for Section 333 ofthe FAA Reform Act and Part 11 ofthe 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.

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Aerial Images and Inspections, operator ofSmall 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 ofits 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 permitthe operation ofsmall, 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 ofthis exemption would enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. The name and address ofthe applicant is: Bald Head Realty

Please contact:

John Becker 

## 1Bald Head Realty 33 Pine Lane Franklin NC, 28734 828-369-0000 john@baldheadtherealtor.comRegulations 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' intentin passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to considerwhether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In makingthis determination, the Secretaryis required to determine which types ofUASs do not create a hazard to users ofthe NAS orthe public orpose a threatto national security in light ofthe following:

The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator.

Reform Act§ 333 (a). Lastly, ifthe Secretarydetermines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system."

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutoryauthorityby its terms includes exempting civil aircraft,

as the term is defined under §40101 oftheAct, thatincludes UASs, from the requirementthat all civil aircraft musthave a currentairworthiness 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 ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702- 44716 ofthis title iftheAdministrator 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 orfewer lbs. including payload. They operate, undernormal conditions at a speed ofno more than 30 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. Theywill operate only in line ofsite. Such operations will insure thatthe sUAS will notcreate a hazard to users ofthe national airspace system orthe public.

Given the small size ofour UASs, the applicant falls squarely within thatzoneofsafety (an equivalentlevel ofsafety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations ofUASs to commence immediately. Also due to the size ofthe UASs and the restricted areas in which the relevant UASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federa Aviation Act, as amended; the strongequivalentlevel of safety surroundingthe proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for photography, the grantofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemption without delay.

Aircraft and Equivalent Level ofSafety

The applicant proposes that the exemption requested herein apply to civil aircraft thathave the characteristics and thatoperate with the limitations listed herein. These limitations provide for atleast an equivalent or even higher level ofsafety to operations underthe current regulatory structure because the proposed operations represent a safety enhancementto 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 operatedwithin line ofsight ofa pilot and/orobserver. 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 priorto the 25 minute limit. 4. Flights will be operated at an altitude ofno
more than 200 feetAGL or, notmore than 200 feet above an elevated platform from which filming is planned. 5. Minimum crewfor each operation will consist ofthe UAS Pilot, and the Visual Observer. 6. sUAS Pilot will be Pilot in Command (PIC) 7. The UAS will only operatewithin a confined area. 8. Abriefing will be conducted in regard to the planned UAS operations priorto each project. Itwill be mandatory that all personnel who will be performing duties be present for this briefing. 9. The operatorwill obtain the consentofall persons involved in the photography and filming and ensure thatonly consentingpersons be allowed within 50 feet ofthe flight operation. 10. Pilot and observerwill have been trained in operation ofUAS generally and received up-to-date information on the particular UAS to be. 11. Observer and pilotwill at all times be able to communicate by voice andjortext. 12 Written and/or oral permission from the relevant property holders will be obtained. 13. Ifthe UAS loses communications or loses its GPS signal, the UAS will have capabilityto return to a pre-determined location within the securityperimeterand land. 14. The UAS will have the capability to abort a flight in case ofunpredicted obstacles or emergencies.14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitledAirworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized bythe Applicant, an exemption from Part 21 Subpart Hmeets the requirements ofan equivalentlevel ofsafety 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 ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates thatthe UAS operatedwithout an airworthiness certificate, in the restricted environment and underthe conditions proposed will be atleast as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunderis less than Sibs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusivelywithin a secured area. Unlike othercivil aircraft, operations underthis exemption will be tightly controlled and monitored by the operator. These safety enhancements provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14C.F.R. Part 21, SubpartH. Lastly, application ofthese

same criteria demonstrates thatthere is no credible threatto national security posed bythe UAS, due to its size, speed ofoperation, location ofoperation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking oftheAircraft The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted orlight-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft

near each entrance to the cabin, cockpit, orpilot station, in letters notless than 2 inches normore 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 ofthis chapter, unless there is available in the aircraft acurrent 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 ofsafetywill be maintained by keepingthe flight manual atthe ground control pointwhere 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 offlight. As FAA approved rotorcraft flight manuals will notbe provided for the aircraft an exemption will be needed. An equivalent level ofsafetywill be provided as set forth in Sections

### Jand Kofthe Manual. The PIC will take all actions including reviewing weather, flight batteryrequirements, landing and takeoffdistances and aircraft performance data before initiation offlight. 14 C.F.R. §91.109: Flight instruction: Section 91.103 provides thatno person may operate a civil aircraft (except a manned free balloon) thatis beingused for flight instruction unless that aircrafthas fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do nothave fully functional dual controls. Flight control is accomplished through the

use ofa control box that communicates with the aircraftvia radio communications. The FAA has approved exemptions for flight trainingwithout fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level ofsafetyprovided by the fact thatneither a pilot norpassengers will be carried in the aircraft andbythe size and speed ofthe aircraft.14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated atless than the minimums prescribed, provided the person operatingthe helicopter complies with anyroute or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS thatis a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, ornotmore than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will howeverbe operated in a restricted area with securityperimeter, where buildings and people will notbe exposed to operations withouttheir pre-obtained
consent.

The equivalent level ofsafetywill be achieved given the size, weight, speed ofthe UAS as well as the location where itis operated. No flight will be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft orrotorcraftweighting far more than the maximum 551bs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far lessthan those presentlypresentedwith conventional aircraft operating at orbelow 500 AGL. In addition, the low-altitude operations ofthe sUAS will ensure separation between these small-UAS operations and the operations ofconventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operatingan aircraft to maintain cruising altitude by reference to an altimeterthatis set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may nothave a barometric altimeter, butinstead a GPS altitude read out, an exemption maybe needed. An equivalent level ofsafety will be achieved by the operator, pursuantto the Manual and Safety Check list, confirmingthe altitude of the launch site shown on the GPS altitude indicatorbefore 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 underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for atleast 30 minutes; or (2) At night, to fly after thatfor atleast45 minutes."

The batterypoweringthe sUAS provides approximately 30 minutes ofpowered flight. To meetthe reserve requirementin 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 ofits proposed operations within a predetermined area, a longertime frame for flight in daylight ornightVFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope ofpriorexemptions. 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 orofficial representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engenderthe type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minutes would greatlyreduce the utility for which the exemption will be granted.

Applicant believes that an equivalentlevel ofsafety can be achieved by limiting flights to 30 minutes or25% ofbatterypowerwhichever 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, includingExemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinentpart:

(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) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin orcockpit entrance so that it is legible to passengers orcrew.

The UAS fully loaded weighs no more than 55 lbs and is operatedwithout an

onboard pilot. As such, there is no ability or place to carry certification and registration documents orto display them on the UAS.

An equivalent level ofsafetywill be achieved by keeping these documents atthe ground control pointwhere the pilotflying the sUAS will have immediate access to them, to the extentthey are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. Arepresentative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part43. Given thatthese section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. The operatorpursuantto the flight manual will accomplish maintenance. An equivalent level ofsafetywill 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 oftime. Ifmechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operatorwill ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operatoris the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety.

The operation ofsmall UASs, weighting less than 55lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supportingthe grant ofthe exemptions requested herein, including exempting the applicant from the requirements ofPart21 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 saferthan conventional operations conducted with turbine helicopters operatingin close proximity to the ground and people. PrivacyAll flights will occur over private or controlled access propertywith the property owner's prior consent and knowledge. Filming will be ofpeople who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place.Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security -provide more than adequatejustification for the grantofthe requested exemptions allowing commercial operation ofapplicant'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 ofthese mountains. A UAS is used solely to photograph homes that otherwise could notbe photographed without the assistance ofa UAS. The buying public is benefited greatlyby 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@baldheadtherealtor.com 2/3/2016