April 1, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 

91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 

91.417(a)&(b)

Dear Sir or Madam,

I, Carey Fujita am writing pursuant to the FAA Modernization and Reform Act of 2012 and the 

procedures contained within 14 C.F.R. 11, to request that I, Carey Fujita an owner and 

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations 

(“FARs”) listed below so that I, Carey Fujita, may operate my small ultra light weight unmanned 

aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation 

Administration (“FAA”). 

As described herein I, Carey Fujita, am an aerial photographer within the State of California; 

experienced in flying hobby Multirotors. I have added the DJI Phantom 3 UAS to my inventory 

with intent for aerial videography/cinematography to enhance academic community awareness 

for those individuals and companies unfamiliar with the geographical layout of California area

specificly Southern California, and augment real estate listing videos; following exemption and 

approval by the FAA. 

I have flown small Multirotors for over 2 years, 

I, Carey Fujita, have personally instilled safety protocols and controls to avoid and prevent public 
hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols 

exclusive to lightweight UAS's specific to real estate video and photography usage as I, Carey 

Fujita, record flight data and other information gained through permitted flight operations to 

share with the FAA through any required FAA reports to assist with future protocol and safety 

regulation. This data can be logged with the DJI Pilot app.

Granting my, Carey Fujita's, request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority to not only integrate UAS's into the national 

airspace system, but to “...establish requirements for the safe operation of such aircraft systems 

[UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the 

use of UAS's for real estate/Realtor purposes. Further I, Carey Fujita, will conduct my 

operations in compliance with the protocols described herein or as otherwise established by the 

FAA. 

For the reasons stated below I, Carey Fujita, respectfully request the grant of an exemption 

allowing me to operate ultra light weight, remote controlled UAS’s for academic community 

awareness to benefit/stimulate attraction to the Southern California area and to enhance real 

estate listing videos for homeowners who cannot afford expensive manned aircraft for the same 

purpose. Both of which will promote local economic growth through increased employment and 

increased tax base. Both with public safety in mind by keeping heavier manned aircraft 

containing combustible fuel that that poses potential public hazard. 

I. Contact Information:

Carey Fujita

16714 Patronella Ave

Torrance Ca, 90504

Office: (310) 930-4493

Email: careyfujita@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Carey

Fujita Requests Exemption are:

14 CFR 21; 

14 C.F.R. 45.23(b); 

14 CFR 61.113 (a) & (b); 

14 C.F.R. 91, et seq.; 

14 CFR 407 (a) (1); 

14 CFR 409 (a) (2); and, 

14 CFR 417 (a) & (b). 
III. The Extent of relief Carey Fujita seeks and the Reason He Seeks Such Relief:

I, Carey Fujita, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-

334, seeking relief from any currently applicable FARs operating to prevent me, Carey Fujita, 

contemplated commercial cinematic, academic and other flight operations within the national 

airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned 

aircraft systems into our national airspace system as it is in the public’s interest to do so. My, 

Carey Fujita, ultra light weight UAS meets the definition of “small unmanned aircraft” as defined 

in Section 331 and therefore the integration of my ultra light weight UAS is expressly 

contemplated by the Reform Act. I would like to operate my ultra light weight UAS prior to the 

time period by which the Reform Act requires the FAA to promulgate rules governing such craft. 

Thereby, providing direct experience and valuable information for formal regulation that can be 

administered uniformly to all real estate related UAS aerial video and photography. The Reform 

Act guides the Secretary in determining the types of UAS's that may operate safely in our 

national airspace system. Considerations include: The weight, size, speed and overall 

capabilities of the UAS's; Whether the UAS will be operated near airports or heavily populated 

areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of 

these items reflect in favor of an exemption for me, Carey Fujita. My UAS utilizes four (4) 

counter-rotating propellers for balance, control and stability. My UAS is equipped with GPS and 

auto return safety technology. Weighing less than five (5) pounds (far below the maximum 55 

pound limit); including camera with gimbal. 

I, Carey Fujita, consider safety as foremost with each flight. My small unmanned aircraft is 

designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For 

safety, stability and fear of financial loss I will not fly in winds exceeding 16 kph (10 mph). Built 

in safety systems include a GPS mode that allows my UAS to hover in place when radio 

controls are released. With three modes to choose from, I utilize the Smart Mode for aerial 

videography/photography. This is the safest, most reliable and stable mode to prevent accident 

and hazard. When pilot communication is lost UAS is designed slowly descend to point of take 

off. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate 

near areas where general public is within fifty to one hundred (50-100) yards depending on 

location, conditions and weather. I am constantly on alert for any manned aircraft 

(Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and 

safest ground point should a manned aircraft approach my location or I suspect manned aircraft 

may approach near my location. My UAS is capable of vertical and horizontal operations, and 

are flown only within my line of sight of me, as the remote control pilot. Utilizing battery power 

rather than combustible fuels, flights generally last between three (3) to seven (7) minutes, with 

an altitude under one hundred fifty (150) feet. I, Carey Fujita, utilize a fresh fully charged battery 

with each flight as a safety precaution; full flight time limit for each battery is nine (9) to twelve 

(12) minutes as tested. I do not operate my UAS at or below manufacture recommend minimum 

charge levels for operation; preferring to remain well within a safe operating range to insure 

adequate communication between radio control and UAS to eliminate potential for crash, loss of 

control or hazard. Reserve batteries are at hand with each exercise to insure replacement for 

sufficient safe level of operation. I do not believe in taking risk that may cause a crash, that 

could create hazard to the public/property/manned aircraft, and have no desire to lose an 

investment. I have clocked numerous practice flights in remote areas as a hobbyist simulating 

flights for future commercial use to gain familiarization with the characteristics of this specific 

UAS's performance under different temperature and weather conditions. I also practice 

computerized simulated flights to maintain adequate skills and response reflex time. All for the 

sake of safety. 

I, Carey Fujita, am extremely cautious when operating of my UAS/ultra light weight unmanned 
aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 

P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress’s 

contemplated safety zone when it promulgated the Reform Act and the corresponding directive 

to integrate UAS's into the national airspace system. Carey Fujita's UAS, used in hobby flight, 

has a demonstrable safety record and does not pose any threat to the general public or national 

security. 

IV. How Carey Fujita's Request Will Benefit the Public As A Whole:

Aerial videography for geographical awareness and for real estate marketing has been around 

for a long time through manned fixed wing aircraft and helicopters. For small budget real estate 

companies and average homeowners the expense of such aerial videography is cost prohibitive. 

Only large companies and high end Realtors or luxury homeowners can afford to absorb such 

expense. Depriving non-luxury homeowners and lower budget Realtors from a valuable 

marketing tool. Manned aircraft pose a threat to the public through potential catastrophic crash 

that the Southern California community has experienced in the past with military aircraft and 

medical helicopter crashes within the areas of Southern California. Each resulting in loss of life. 

Each with combustible fuel that exploded and burned on impact. Police helicopters have made 

emergency hard landings within city limits. My, Carey Fujita's, UAS pose no such threat since 

size and lack of combustible fuel alleviates any potential threat to the public. 

Congress has already proclaimed that it is in the public’s interest to integrate commercially 

flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting 

my, Carey Fujita’s, exemption request furthers the public interest through academic/visual 

awareness of the geographical benefits in and around the Southern California area. My ultra 

light weight UAS is battery powered and creates no emissions that can harm the environment. 

The consequence of my ultra light weight UAS crashing is far less than a full size helicopter or 

fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic 

devastation to the public. 

The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial 

video/photo capture through my battery operated ultra light weight UAS's. Permitting me, Carey 

Fujita, to immediately fly within national air space furthers economic growth. Granting my 

exemption request substantially furthers the economic impact for the Southern California

community for companies looking to relocate or build in the area as well as individuals looking 

to relocate for career advancement through academic and geographical awareness. Both of 

which serve as a stimulus to the community. 

V. Reasons Why Carey Fujita’s Exemption Will Not Adversely Affect Safety Or How 

The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

My, Carey Fujita’s, exemption will not adversely affect safety. Quite the contrary, for the 

reasons stated permitting me, Carey Fujita, to log more flight time in FAA controlled airspace, 

with communication with the FAA, will allow me to contribute to the innovation and 

implementation of new and novel, as of yet undiscovered safety protocols for Realtors that can 

be embraced by the National Association of Realtors, and California Association of Realtors for 

development in cooperation with the FAA. In addition I, Carey Fujita, submit the following 

representations of enhancements to current aerial videography and photography for real estate: 

• My UAS weighs less than 5 pounds complete with a small ultra light weight high quality
• I only operate my UAS below 200 feet (well within the 400 foot permissible ceiling set by

the FAA Modernization and Reform Act of 2012);

• My UAS only operate for 3-7 minutes per flight; I land my UAS prior to manufacturer

recommended minimum level of battery power;

• I pilot my UAS through remote control only by line of sight;

• My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if

communication with the remote control pilot is lost;

• I actively analyze flight data and other sources of information to constantly update and

enhance safety protocols;

• I only operate in reasonably safe environment that are strictly controlled, are away from

power lines, elevated lights, airports and actively populated areas;

• I conduct extensive pre-flight inspections and protocol, during which safety carries

primary importance;

• I always obtains all necessary permissions prior to operation; and,

• I have procedures in place to abort flights in the event of safety breaches or potential

danger.

My, Carey Fujita’s, safety protocols provide a level of safety equal to or exceeding existing 

rules. It is important to note that absent the integration of commercial UAS into our national 

airspace system, helicopters are the primary means of aerial video and photography for 

community awareness and real estate. While the safety record of such helicopters is 

remarkably astounding, there has been local incident involving loss of life as well as extensive 

property damage; it is far safer to operate a battery powered ultra light weight UAS. 

• First, the potential loss of life is diminished because UAS's carry no people on board and

I only operate my UAS in specific areas away from mass populations.

• Second, there is no fuel on board a UAS and thus the potential for fire or explosions is

greatly diminished.

• Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot

away from and avoid hazards quickly and safely.

• Lastly, given its small size and weight, even when close enough to capture amazing

images, my UAS need not be so close to the objects they are focused on through the

technology and use of post editing software allowing pan and zoom.

Accordingly, my UAS has been experimentally operated for familiarization/competency and will 

continue to operate at and above current safety levels. 

VI. A Summary The FAA May Publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR §91.203(a)(1). The size, 

weight and enclosed operational area of my, Carey Fujita’s, UAS permits exemption from Part 

21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 

of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas 
such as airports and dense populations. My, Carey Fujita’s, current and projected UAS's meet 

or exceed each of the elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board 

pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating 

areas of where safety can be defined.10 The FAA has previously issued exemptions to this 

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 

10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes 

electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level 

of safety will be achieved by maintaining any such required certifications and registrations by 

me, Carey Fujita

14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. My UAS are, by definition, unmanned. They therefore do not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is 

difficult to place on such small aircraft with dimensions smaller that minimal lettering 

requirement. Regardless, I will mark its UASs in the largest possible lettering by placing the 

word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or 

anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously 

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. 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, Carey Fujita, to 

operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & 

(b). 

14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at 

an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, Carey Fujita, will 

however operate my UAS in safe areas away from public and traffic, providing a level of safety 

at least equivalent to or below those in relation to minimum safe altitudes. Given the size, 

weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be 
achieved. 

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

The above-cited Regulations require, amongst other things, aircraft owners and operators to 

“have [the] 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. . . .” 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to my, Carey Fujita's, UAS. However, as a safety precaution I inspect my 

UAS before and after each flight. 

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: 

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled 

Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness 

certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of 

my UAS permits exemption from Part 21 because my, Carey Fujita’s, UAS meets an equivalent 

level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt 

aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) 

and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's 

from the airworthiness certificate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. My UAS meets 

or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without 

an airworthiness certificate. As no such certificate will be applicable in the form contemplated by 

the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight 

manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, 

this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a 

manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular 

software updates and curative measures for any damaged hardware. Therefore, an equivalent 

level of safety will be achieved. 

In summary, Carey Fujita seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 

14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 

C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 

14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. 

§§ 91.417 (a) & (b) to commercially operate my, Carey Fujita’s, small unmanned 

vehicle/lightweight unmanned aircraft vehicle in community awareness and real estate 

operations, and to develop economic platforms for real estate to enhance the experience of 

those seeking to relocate to the Southern California area. Currently, area awareness and real 

estate aerial videography/photography relies primarily on the use of larger aircraft running on 

combustible fuel. Posing potential risk to the public. Granting my, Carey Fujita’s, request for 

exemption will reduce current risk levels and thereby enhance safety. My UAS craft do not 

contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional 

real estate video and photographic aircraft with much less flight time. Further, I operate at lower 

altitudes and in controlled airspace eliminating potential public risk flying to and from established 

air fields. 

I, Carey Fujita, have been informally analyzing flight information and will compile safety protocols 
and the implementation of a flight operations manual for real estate usage that exceeds 

currently accepted means and methods for safe flight. Formal collection of information shared 

with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the 

FAA Modernization and Reform Act of 2012. There are no personnel on board my, Carey 

Fujita's, UAS and therefore the likelihood of death or serious bodily injury is significantly 

diminished. My, Carey Fujita’s, operation of my UAS, weighing less than 5 pounds and 

travelling at lower speeds within limited areas will provide an equivalent level of safety as that 

achieved under current FARs. Accordingly I, Carey Fujita, respectfully request that the FAA 

grant my exemption request and am willing to cooperate in sharing information to benefit the 

FAA, safety of manned aircraft, and the general public at large. 

Respectfully submitted, 

Carey Fujita

16714 Patronella Ave

Torrance CA, 90504