Heritage House Realtors Durango, Inc

DBA Coldwell Banker Heritage House Realtors 785 Main Avenue, Durango CO 81301 Office (970) 259

- 3333 Doug Fuller

– Managing Broker Email: doug @realestatedurango.com U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE W ashington, DC 2059 RE: Exemption Request Section 333 of the FAA Reform Act of 2012 Attachments: 1) DJI Phantom 2 User Manual V1.4 2) DJI Phantom 2 Quick Start Guide 3) Smart Flight Battery Safety Guide
References: 

### 1. FAA Exemption No. 11138, Regulatory Docket No. FAA

- 2014

- 0481 in the matter of the petition of DOUGLAS TRUDEAU 

### 2. FAA Exemption No. 11136, Regulatory D ocket No. FAA

–2014

–0508 in the matter of the petition of ADVA NCED AVIATION SOLUTIONS LLC 

### 3. FAA Exemption No. 11080 Regulato ry Docket No. FAA

- 2014

- 0355 in t he matter of the petition of FLYING CAM INC 

### 4. FAA Exemption No. 11466 Regulatory Docket No. FAA

- 2015

- 0262 in the matter of the petition of Cobblestone Realty LLC 

### 5. FAA Exemption No. 12268 Regulatory Docket No. FAA

- 2015

- 2135 in the matter of the petition of Aerial Real Estate and Inspection Dear Sir or Madam, In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 of the FAA Modernization and Reform Act of 2012, Heritage House Realtors Durango, Inc. DBA Coldwell Banker Heritage House Realtors , referred to hereafter as t he petitioner, requests exemption from the following sections of Title 14, Code of Federal Regulations §§ **61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1); 91.409(a)(2); 91.417(a) & (b);**  In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) for the purposes of aerial photography, cinematography, videography, and other flight operations that could be performed safely and more cost ef

fectively with the use of small UAS at low altitude within the U.S. national airspace system as compared to a manned aircraft. Operations will be performed only at the request of and with the authorization and permission of clients or their authorized agen ts/brokers in orderto facilitate commerce and raise awareness of the beneficial uses of small unmanned air

systems. So 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. The conditions identified and proposed by the petitioner are drawn from references 1

- 5 ( listed above)

. **The F ARs**  The petitioner seeks exemption from the above mentioned FARs for the following reasons; **61.113(a) & (b)** ; Any pilots operating unde r this exemption would be required to comply with any conditions as set forth and in a similar fashion to the previously granted exemptions. **91. 119(c)**  As discussed in Exemption 11138, operations conducted closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential persons, or objects that would not be possible without additional relief. The petitioner requests modification, wa iver or exemption and clarification concerning the terms “congested areas” and “densely populated”. The petitioner requests waiver for this condition to allow reasonable and responsible operations in areas of subdivisions and neighborhoods if required. **91.121** As discussed in Exemption 11138 is inapplicable since the UAS does not have an altim eter and instead utilizes electronic GPS with a barometric sensor for altitude information. **91.151(a)** As discussed in Exemption 11136 , prior relief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption No s. 2689, 5745, and 10650. In addition, similar UAS

- specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery power remaining in percent to the PIC. The UA batteries provide approximately 25 minutes of powered flight. Information provided in the operating documents discusses procedures regarding remaining battery power management. Those documents contain a condition in which the PIC will initiate a landing procedure when battery remaining reaches a specified level. Given the limitations on proposed operations and the location of those proposed operations, The FAA found that a reduced minimum power reserve for flight in daytime VFR conditions was reasonable. **91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b)**  As discussed in Exemption 11138, The petitioner proposes to inspect and ensure that the UAS is in a condition for safe flight in accordance with the operating documents. The FAA found that adherence to the petitioner’s operati ng documents and the conditions and limitations specified, describing the requirements for maintenance, inspection, and record keeping, were sufficient to ensure that safety would not be adversely affected.
**Ai rcraft**  The DJI Phantom 2 is a highly successful consumer grade quadcopter with an advertised weight of less than 2 000g, designed primarily to carry aloft a high definition camera. It has an advertised maximum speed of less than 20 m/s and a maximum climb rate of less than 1200 feet per minute (6 m/s). It is powered by four electric motors. It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily th rough an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, GPSsignal strength, altitude (AGL), distance from PIC, cam era imagery, and control camera angle. It

has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times t o approximately 25 minutes. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a predeter mined low state. It is anticipated that flights will usually last less than 15 minutes. The most recent update of our Phantom 2’s firmware safety update prevents us from flying into FAA designated no fly zones . In addition, we have set software limitations preventing us from flying above an altitude of 394 feet or outside a radius of 500 ft. from the PIC as explained in the following video from the manufacturer: http://www.youtube.com/embed/YoXAMRQoIA A

. **Risk mitigation** The petitioner has reviewed FAA exemptions reference’s 1

- 3 (as referenced earlier) Conditions and Limitations section and believes that the procedures specified therein are reasonable and will be utilized in order to manage and mitigate risk and ensure public safety. A preflight checklist will be developed and employed to ensure that the UA airworthiness will be verified before launch. Airworthiness will be maintained by performance of routine inspections before each flight, maintaining fl ight and maintenance logs to record time on failure

- prone components. The petitioner request s that in a manner similar to reference 3, they be allowed to operate within 5 miles of an airport provided that; “The UA may not operate in Class B, C, or D airs pace without written approval from the FAA. The UA may not operate within 5 nautical miles of the geographic center of a non

towered airport as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s managemen t is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of Agreement with the airport management must be made available to the Administrator upon request.” Operations within 5 miles of an airport are not anticipated, but the petitioner is requesting a mechanism to facilitate such activities without requesting a new and separate exemption(s) should the need arise. Operations within class B airspace are not requested due to the current la ck of mode C transponder. **Public interest** Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft of greater proportions, carrying a crew and flam mable fuel. Additionally, use of the UAS in order to facilitate commerce could lead to economic growth. Operations for this petition will enable service for property owners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits of their desired photographic subjects that cannot be displayed through ground level videography/photography. Aerial photography is a valuable marketing tool that can lead to increased commerce and enhance personal photography. A visual observer will be utilized. Liability insurance has been obtained.**Conclusion**

The petitioner is requesting this exemption for the purposes of aerial photograp hy, cinematography, and videography which will be used to help promote the sale of real estate

. The sale of real estate will promote local economic growth and therefore be a benefit to the community

. The petitioner will deploy every safety precaution and abide by all Conditions and Limitations set forth by a grant of exemption issued by the Federal Aviation Administration. Professional regards , Doug Fuller Managing Broker Heritage House Realtors Durango, Inc. DBA Coldwell Banker Heritage House Realtors 785 Main Avenue, Durango CO 81301 970

- 259

- 3333 doug@realestatedurango.com