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 Washington, 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 Docket No. FAA–2014–0508 in the matter 

of the petition of ADVANCED AVIATION SOLUTIONS LLC

3. FAA Exemption No. 11080 Regulatory Docket No. FAA-2014-0355 in the 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 the 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 effectively 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 agents/brokers in order 
to 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 FARs

The petitioner seeks exemption from the above mentioned FARs for the following reasons;

61.113(a) & (b); Any pilots operating under 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, 

waiver 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 

altimeter 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 Nos. 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 

operating 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.

Aircraft

The DJI Phantom 2 is a highly successful consumer grade quadcopter with an advertised weight 

of less than 2000g, 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 through 

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, GPS 
signal strength, altitude (AGL), distance from PIC, camera 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 to 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 predetermined 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/YoXAMRQoIAA.

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 flight and maintenance logs to record time on failure-prone components. 

The petitioner requests 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 airspace without written approval from the 

FAA. The UA may not operate within 5 nautical miles of the geographic center of a nontowered airport as denoted on a current FAA-published aeronautical chart unless a letter 

of agreement with that airport’s management 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 

lack 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 flammable 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 photography, 

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