December 16, 2015

Michael A Powell, Realtor

Keller Williams Real Estate

1371 Cinnamon Drive Fort Washington, PA 19034

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 **Subject:** Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from:

• 14 CFR 21 subpart H; • 14 CFR 45.23(b); • 14 CFR 61.113(a);

• 14 CFR 91.7(a); • 14 CFR 91.9(b)(2); • 14 CFR 91.103;

• 14 CFR 91.109; • 14 CFR 91.119(c); • 14 CFR 91.121;

• 14 CFR 91.151(a); • 14 CFR 91.203 (a) and (b); • 14 CFR 91.405 (a);

• 14 CFR 91.407 (a) (1) • 14 CFR 91.409 (a)(1) and (2); • 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 and 14 CFR Part 11, Michael Powell, operator of an u nmanned aircraft systems ( UAS ) , hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial op eration of a UAS, 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. As described more fully below, the requested exempt ion would authorize the Applicant to perform commercial operations with a UAS: Aerial photography/videography in support of applic ant’s real estate practice

• Enhancement of residential/commercial real estate l istings

• Inspection of residential/commercial structures to enhance knowledge for Buyer and Seller clients

• Aerial survey of parcels of land to enhance knowled ge for Buyer and Seller clients

• Support for architectural, engineering, surveying a nd other related professional activities

• Keepsake memories and marketing materials for (pote ntial) clients**Applicant Information:**

Michael Arthur Powell

1371 Cinnamon Drive Fort Washington, PA 19034 Private Pilot Certificate Issued 11/4/1998 (Airplan e single engine land)

Direct Phone: 267-481-3723

Email: mikepowell@kw.com Business: Real Estate Agent/Investor Brokerage: Keller Williams Real Estate 910 Harvest Drive, Blue Bell, PA 19422 **UAS Information/Specs:**

DJI Innovations Phantom 3 Professional Weight: 1280 grams (2.82 lbs.) Max Speed: 16 m/s (35.8 mph) Max Ascent Speed: 5 m/s (11.2 mph) Max Descent Speed: 3 m/s (6.7 mph) Max Flight Time: 23 minutes GPS Mode: GPS/GLONASS Operating Temperature: 0-40 C (32 – 104F)

N-657KW has been reserved for use with this UAS

**Equivalent Level of Safety** The operation limitations proposed for an equivalen t or higher level of safety because operations will further enhance the safety of the persons and/or pr operty using conventional aircraft. These limitatio ns and conditions to which the applicant agrees to adh ere to when conducting commercial operations under the FAA issued exemption include: 1. The UAS will weigh less than 4.4 lbs. 2. Flights will be operated within visual line of s ight of a pilot and/or observer. 3. Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 2 5% battery power reserve4. Flights will be operated at an altitude of no mo re than 400 feet Above Ground Level (AGL)

5. Minimum crew for each operation will consist of the UAS Pilot in Command (PIC), a Visual Observer (VO) when needed, and may include but not limited t o a Camera Operator. 6. The UAS pilot will be Michael Powell for any com mercial operations. 7. The PIC will obtain verbal/written consent of al l persons involved with the planned operation and ensure that only consenting persons will be allowed within 50 feet of the flight operation. 8. The PIC and VO will have been trained in operati on of UAS and receive up-to-date information for th e particular UAS to be operated and will be able to s how upon request their competent ability to operate the UAS and/or Camera. 9. The PIC and VO will be able to communicate by vo ice and/or radio at all times. 10.. Written and/or oral permission and permits wil l be obtained from territorial, state, county or ci ty jurisdictions, including law enforcement, fire or o ther appropriate governmental agencies when needed. 11. No operations of the UAS will occur within 5 na utical miles of a controlled airport or within 3 mi les of an uncontrolled airport without prior authorization from the airport operators or the control tower.

12. If the UAS loses communications or loses GPS si gnal, the UAS will have the capability to return to a pre-determined location within a designated locatio n and land autonomously. 13. The UAS will have the capability to abort a fli ght in case of unpredicted obstacles, weather, or emergencies.

**14 C.F.R. Part 21, Subpart H: Airworthiness Certifi cates 14 C.F.R. §91.203 (a) (1)**  Subpart H, entitled Airworthiness Certificates, est ablishes the procedural requirements for the issuan ce of airworthiness certificates as required by FAR §9 1.203 (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 meet s the requirements of an equivalent level of safety u nder Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Sect ion 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airwort hiness certificate, upon consideration of the size, weight, speed, operational capability, and proximit y to airports and populated areas of the particular small UAS. In all cases, an analysis of these crite ria demonstrates that the small UAS operated withou t an airworthiness certificate, in the restricted env ironment and under the conditions proposed will be at least as safe, or safer, than a conventional aircra ft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 4.4 l bs. fully loaded, carries neither a pilot nor passe nger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured an d designated area. Unlike other civil aircraft, opera tions under this exemption will be tightly controll ed and monitored by both the operator and under the re quirements and in compliance with local public safety requirements. These safety enhancements prov ide a greater degree of safety to the public and property owners than conventional operations conduc ted with airworthiness certificates issued under14 C.F.R. Part 21, Subpart H. Lastly, application o f these same criteria demonstrates that there is no

credible threat to national security posed by the m icro UAS, due to its size, speed of operation, loca tion of operation, lack of explosive materials or flamma ble liquid fuels, and inability to carry a substant ial external load. **14 C.F.R. § 45.23 (b). Marking of the Aircraft** The regulation requires: When marks include only th e 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 m ust also display on that aircraft near each entranc e to the cabin, cockpit, or pilot station, in letters no t less than 2 inches nor more than 6 inches high, t he words "limited," "restricted," "light-sport," "expe rimental," or "provisional," as applicable. Even though the UAS will have no airworthiness cert ificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilo t station on which the words can be placed. Given t he size of the micro UAS, two-inch lettering will be i mpossible. **14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command**  Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. I, can achieve an equivalent level of safety as achieved b y current Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control pilot ing skills. The risks attended to the operation of my U AS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, e t seq. Thus, allowing me to operate my UAS to meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b) **14 C.F.R. §91.7(a): Civil Aircraft Airworthiness** The regulation requires that no person may operate a civil aircraft unless it is in airworthy conditio n. As there will be no airworthiness certificate issued f or the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to e ach flight an equivalent level of safety will be provided. **14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Man ual in the Aircraft**  Section 91.9 (b) (2) provides: No person may opera te a U.S.-registered civil aircraft ... (2) For whi ch an Airplane or Rotorcraft Flight Manual is not require d by §21.5 of this chapter, unless there is availab le in the aircraft a current approved airplane or Rotorcr aft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ab ility or place to carry such a flight manual on the aircraft, not only because there is no pilot on boa rd, but because there is no room or capacity to car ry 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 UAS will have immediate access to it.**14 C.F.R. § 91.103: Preflight Action**

This regulation requires each pilot in command to t ake certain actions before flight to insure the saf ety of flight. As FAA approved rotorcraft flight manual s will not be provided for the aircraft an exemptio n will be needed. The PIC will take all actions inclu ding reviewing weather, flight battery requirements , landing and takeoff distances and aircraft performa nce 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) tha t is being used for flight instruction unless that ai rcraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a contro l 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 in struction in experimental aircraft. 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 opera tion of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimum s prescribed, provided the person operating the helicopter complies with any route or altitudes pre scribed 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, an exemption may be needed to allow such operations. As set forth herein, the micro UAS will never operate at higher than 400 AGL . 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 t o the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight opera tions with aircraft or rotorcraft weighting far mor e than the maximum 4.4 lbs. proposed herein and the l ack of flammable fuel, any risk associated with these operations is far less than those presently p resented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operat ions of the micro UAS will ensure separation between these micro UAS operations and the operatio ns 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 a ircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of th e departure airport or an appropriate altimeter set ting available before departure.” As the micro UAS may not have a barometric altimete r, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of saf ety will be achieved by the operator, pursuant to the safety check list and live flight data monitori ng, confirming the altitude of the launch site show n 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 beg inning “a flight in an airplane under VFR condition s unless (considering wind and forecast weather condi tions) there is enough fuel to fly to the first poi nt of intended landing, and, assuming normal cruising spe ed – (1) During the day, to fly after that for at l east 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the UAS provides approximately 23 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited to approximately 18 minutes 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 twiligh t VFR conditions is reasonable. Applicant believes th at an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, i n a tightly controlled area where only people and property owners or official representatives who hav e 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 UAS. Addi tionally, limiting UAS flights to 18 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equival ent level of safety can be achieved by limiting flights to 20 minutes or 25% of battery power— whichever happens first. This restriction would be more than adequate to return the micro UAS to its planned landing zone from anywhere in its limited operating area. **14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircr aft Certification and Registration**  The regulation provides in pertinent part: a. Except as provided in § 91.715, no person may op erate a civil aircraft unless it has within it the following: (1) An appropriate and current airwo rthiness certificate. . . . b. No person may operate a civil aircraft unless th e airworthiness certificate required by paragraph (a) of this section or a special flight a uthorization 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 4.4 lbs. a nd is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on t he UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have imme diate access to them; to the extent they are applicable to the UAS. **14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 41 7(a) & (b): Maintenance Inspections**  These regulations require that an aircraft operato r or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall betw een required inspections, except as provided in paragraph (c) of this section, have discrepancies r epaired as prescribed in part 43 of this chapter... ,” and others shall inspect or maintain the aircraft in co mpliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthines s certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety w ill 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 period s oftime. If mechanical issues arise the small UAS can land immediately and will be operating from no high er

than 400 feet AGL. The operator will ensure that th e small UAS is in working order prior to initiating flight, perform required maintenance, and keep a lo g of any maintenance performed. Moreover, the operator is the person most familiar with the aircr aft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be achieved beca use maintenance and inspections will be performed i n accordance with the UAS Manufacturer's Manual, as r eferenced in the Aircraft Operations Manual (AOM). The operator will ensure that the UAS is in working order prior to initiating flight and perfor m required maintenance needed.

Please do not hesitate to contact me if you have an y questions or concerns. I thank you for reviewing my application and eagerly await your response.

Sincerely,

Michael Powell