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 and Reform Act of 2012 and 14 CFR Part 11, Michael 

Powell, operator of an unmanned aircraft systems (UAS), hereby applies for an exemption from the listed 

Federal Aviation Regulations to allow commercial operation 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 exemption would authorize the Applicant to perform 

commercial operations with a UAS: 

Aerial photography/videography in support of applicant’s real estate practice 

• Enhancement of residential/commercial real estate listings 

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

clients 

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

• Support for architectural, engineering, surveying and other related professional activities 

• Keepsake memories and marketing materials for (potential) clients 
Applicant Information: 

Michael Arthur Powell 

1371 Cinnamon Drive 

Fort Washington, PA 19034 

Private Pilot Certificate Issued 11/4/1998 (Airplane 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 equivalent or higher level of safety because operations will

further enhance the safety of the persons and/or property using conventional aircraft. These limitations 

and conditions to which the applicant agrees to adhere 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 sight of a pilot and/or observer. 

3. Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% 

battery power reserve 
4. Flights will be operated at an altitude of no more 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 to a Camera Operator. 

6. The UAS pilot will be Michael Powell for any commercial operations. 

7. The PIC will obtain verbal/written consent of all 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 operation of UAS and receive up-to-date information for the 

particular UAS to be operated and will be able to show upon request their competent ability to operate

the UAS and/or Camera. 

9. The PIC and VO will be able to communicate by voice and/or radio at all times. 

10.. Written and/or oral permission and permits will be obtained from territorial, state, county or city 

jurisdictions, including law enforcement, fire or other appropriate governmental agencies when needed. 

11. No operations of the UAS will occur within 5 nautical miles of a controlled airport or within 3 miles of 

an uncontrolled airport without prior authorization from the airport operators or the control tower. 

12. If the UAS loses communications or loses GPS signal, the UAS will have the capability to return to a 

pre-determined location within a designated location and land autonomously. 

13. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, 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

small UAS. In all cases, an analysis of these criteria demonstrates that the small 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 UAS to be operated hereunder is less than 4.4 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by both the operator and under the requirements and in compliance with local public 

safety requirements. 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 micro 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 

will have no entrance to the cabin, cockpit or pilot station on which the words can be placed. Given the 

size of the micro UAS, two-inch lettering will be impossible. 

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 by current Regulations because my UAS does not carry

any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting 

skills. The risks attended to the operation of my UAS is far less than the risk levels inherent in the

commercial activities outlined in 14 C.F.R. § 61, et 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 condition. As 

there will be no airworthiness certificate issued for 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 each flight an equivalent level of safety will be 

provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft 

 Section 91.9 (b) (2) provides: 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 UAS, 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 UAS will have immediate access to it. 
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. 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. 

UAS 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. 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, 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 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 4.4 lbs. 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 micro UAS will ensure separation 

between these micro 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 micro 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 safety check list and live flight data monitoring, 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 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 twilight 

VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within

the scope of prior exemptions. Operating the 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 UAS. Additionally, limiting UAS flights to 18 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 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 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 4.4 lbs. and 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 the 

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 immediate 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); 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. Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook. 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 small UAS can land immediately and will be operating from no higher 

than 400 feet AGL. The operator will ensure that the small 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. 

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual 

(AOM). The operator will ensure that the UAS is in working order prior to initiating flight and perform 

required maintenance needed. 

Please do not hesitate to contact me if you have any questions or concerns. I thank you for reviewing my 

application and eagerly await your response. 

Sincerely, 

Michael Powell