Dear Sir or Madam, Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization 

and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Jesse Hughes, owner of Hughes Real 

Estate and Auction Service, LLC which owns and operates an Unmanned Aircraft System (UAS), hereby 

applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

operation of its 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. Commercial operation of an UAS, 

as described herein, which are equipped with camera(s) and sensors, would operate in the following 

manner: - Aerial photography and/or video for public and/or private use including real estate, 

architecture, surveying, engineering and other related professional activities. - Aerial video and/or 

photography for public and/or private use including television, public events, private events, 

cinematography and news gathering. - Aerial inspection/photography of residential/commercial 

structures under contract with the owners or local government authority. - Aerial 

inspection/photography or residential/commercial utility infrastructure including but not limited to 

electrical power lines, wind turbines and cell towers. 2 - Aerial video/photography or providing live 

video feed to assist with search and rescue operations in cases of emergency or natural disaster only 

when the local authorities or government has requested it by contract or donation. Hughes Real Estate 

and Auction Service, LLC operates one DJI Phantom 2 Vision Plus (4) blade quad copter. The UAS has a 

maximum airspeed of 40 miles per hour and uses a remote controller operating on frequency range of 

2.400-2.483 GHZ. The DJI Phantom 2 Vision Plus is equipped with built-in ground support technology 

that allows it to fly utilizing global positioning system (GPS) for stability, tracking, safe flight mode and a 

return-to-home feature in the event of loss of remote control signal or critical low battery. All flights 

start with a pre-flight safety check and all flight data are recorded. The DJI Phantom 2 Vision Plus is 

equipped with a gimbal mounted camera that sends a live video signal to the controller allowing the 

person in control (PIC) to monitor real-time video. Flight data, speed height, distance, battery level and 

general aircraft conditions are also displayed during operation. The Phantom 2 Vision Plus battery has a 

flight time of 15-20 minutes and is, therefore, always returned to original takeoff point and always flown 

utilizing visual line of sight (VLOS). I have been training on the DJI Phantom 2 for eight months and have 

become proficient in all aspects of flight and safety of this UAS. Our request for exemption would allow 

us to offer unique aerial photography and videography services to our clientele. UAS Safety Operating 

Parameters We will abide by the following additional operating conditions under this exemption, which 

ensures a level of safety during UAS flight including operating the UAS below 400 feed and within a 

radius of 1,000 feet from PIC always maintaining VLOS and obtaining permission from the 

owner/controller of any vessels, vehicles and structures when operations may be conducted closer than 

500 feet to any such vessels, vehicles or structures. We will conduct a safety assessment of the risk of 

operating closer to those objects and determine that it does not present an undue hazard. Other safety 

operating parameters include: Land UAS prior to the manufacturers recommended minimum level of 

battery power. - Operate the UAS during daylight hours only within VLOS. - Utilize the UAS’ GPS flight 

safety feature, Always obtain all necessary permissions prior to operation and never operate UAS in 

unsafe conditions Only operate in safe environments that are strictly controlled, and conduct extensive 

preflight inspections and protocols. The PIC will also have a minimum of five hours logged on this craft 

and 10 hours minimum flying UAS quad copters under varying conditions and environments and will 

follow all safety protocol of B2 Aerial as well as guidelines of 14 CFR §61.51(b) having the ability to safely 

operate the UAS in a manner consistent with the operating documents, including evasive and 

emergency maneuvers and maintaining appropriate distances from people. Specific Exemptions 
Requested Given the size, weight, speed and limited operating area associated with the UAS, we feel an 

exemption from 14 CFR Part 21, Subpart H (Airworthiness Certificates) and 14 CFR 91.203(a) and (b) 

(certifications required), subject to certain conditions and limitations, is warranted and meets the 

requirements for an equivalent level of safety under 14 CFR Part 11 and Section 333 of P.L. 112-95 

(Section 333). We request an exemption from 14 CFR 45.23 Marking of the Aircraft because the UAS will 

not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, the twoinch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal 

lettering requirement. Regardless of this, we can mark the UAS in the largest possible lettering by 

placing the word “Experimental” on its fuselage as required by 14 CFR 45.29(f) so that anyone will see 

the markings. We request an exemption from 14 CFR 61.113(a) and (b) Private Pilot Privileges and 

Limitations: Pilot in Command. The applicant’s UAS do not carry any pilots or passengers nor property. 

The Risks attendant to the operation of the UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR §61. The operation and limitations in the flight operation manual (FOM) will 

equate to the safe operations of the UAS. We request an exemption from 14 CFR 91.7(a) which prohibits 

the operation of an aircraft without an airworthiness certificate, since there is currently no certificate 

applicable to our operation, this regulation is inapplicable. We request an exemption from 14 CFR 

91.405(a), 14 CFR 91.407(a)(1), 14 CFR 91.409(a)2) and 14 CFR 91.417(a) and (b) Maintenance 

inspections since they only apply to aircraft with an airworthiness certificate. However, as a safety 

precaution, we will perform a preflight inspection of the UAS before each flight as outlined in the 

attached operating documents. We request an exemption from 14 CFR 91.9(b)(2) which requires an 

aircraft FOM in the aircraft, however, since there are no pilots or passengers on board the aircraft, and 

given its size, this regulation is inapplicable. We believe an equivalent level of safety will be achieved by 

maintaining a safety/flight manual with the UAS ground station. We request an exemption from 14 CFR 

91.109 Flight Instruction: Simulated Instrument Flight and Certain Flight Tests. The regulation states that 

“no person may operate a civil aircraft that is being used for flight instruction unless that aircraft has 

fully functioning dual controls. Although the DJI Phantom 2 is capable of dual/linked controls, we will be 

operating with a single remote controller. 4 We request an exemption from 14 CFR 91.119(c) which 

prescribes safe altitudes for the operation of civil aircraft, but allows helicopters to be operated at lower 

altitudes in certain conditions. We will not operate our UAS above the altitude of 400 feet above ground 

level (AGL) and will also only operate in safe areas away from the public and traffic, thus “providing a 

level of safety at least equivalent to or below those in relation to minimum safe altitudes.” Given the 

size, weight and maneuverability and speed of the UAS, an equivalent or higher level of safety will be 

achieved. We request an exemption from 14 CFR 91.121 Altimeter Settings, as it is inapplicable since the 

UAS utilizes electronic GPS with a barometric sensor. We request an exemption from 14 CFR 91.151(a) 

Fuel Requirements for Flight in visual flight rules (VFR) conditions. The UAS is 100 percent electric and 

two low battery alerts are issued – per the operating documents, the UAS will be landed at the first 

alert. Also, our flights will last only 15-20 minutes each and the UAS has an automated function, which 

results in immediate landing when a low battery is detected. The PIC will not begin a flight unless, 

considering wind an forecast weather conditions, there is enough power to fly to the first point of 

intended landing and, assuming normal cruising speed, land the UAS with 30 percent battery power 

remaining. Summary; We will comply with all of the following conditions and limitations should this 

grant of exemption be provided: 1. Operations will be limited to the following aircraft described in the 

operating documents which is a quad-rotor aircraft weighing less than seven pounds: DJI Phantom 2 

Vision Plus Aircraft System. 2. The UAS will not be flown at an indicated airspeed exceeding 40 mph. 3. 
The UAS will be operated at an altitude of no more than 400 feet AGL, as indicated by the procedures 

specified in the operating documents. 4. The UAS will be operated within VLOS of the PIC at all times. 5. 

All operations may utilize a visual observer (VO. The UAS will be operated within the VLOS of the VO at 

all times. The VO and PIC will be able to communicate verbally at all times. The PIC will be designated 

before the flight and will not transfer his or her designation for the duration of the flight. The PIC will 

ensure that the VO can perform the functions prescribed in the operating documents. 6. The operating 

documents will be accessible during the UAS operations and made available to the Administrator upon 

request. Any revisions to the operating documents will be presented to the Administrator upon request. 

7. Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated 

until the necessary maintenance has been performed and the UAS is found to be in a condition for safe 

flight. The Ground Control Station will be included in the preflight inspection. All maintenance and 

alterations will be properly documents in the aircraft records. 8. Any UAS maintenance or alterations 

that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, 

will undergo a functional test flight. The PIC who conducts the functional test flight will make an entry 

into the aircraft records. 5 9. The pre-flight inspection section in the operating documents will account 

for all discrepancies, i.e. inoperable components, items or equipment not already covered in the 

relevant sections of the operating documents. 10. We will follow the UAS manufacturer’s 

aircraft/component, maintenance, overhaul, replacement, inspection and life limit requirements. 11. 

We will carry out maintenance, inspections and record-keeping requirements, in accordance with the 

operating documents. Maintenance, inspection and alterations will be noted in the aircraft records, 

including total flight hours, description of work accomplished and the signature of the authorized person 

returning the UAS to service. 12. Each UAS operated will comply with all manufacturer Safety Bulletins. 

13. An authorized person will make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections. 14. The PIC will also meet the flight review requirements 

specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on. 15. Prior to operations conducted for 

the purpose of aerial videography/cinematography and augmenting real estate listing videos (or similar 

operations), the PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a 

minimum of five hours as an UAS pilot operating the make and model of the UAS to be used in 

operations. 16. The PIC will not operate the UAS for the purpose of aerial videography/cinematography 

and augmenting real estate listing videos (or similar operations), unless the PIC has demonstrated and 

logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner 

consistent with the operating documents, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 17. UAS operations will not be 

conducted during night hours, as defined in 14 CFR 1.1 All operations will be conducted under visual 

meteorological conditions (VMC). 18. The UAS will not operate within five nautical miles of an airport 

reference point as denoted on a current FAA-published aeronautical chart. 19. The UAS will not be 

operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is 

less than three statute miles from the PIC. 20. If a UAS loses communications or loses its GPS signal, it 

will return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 21. The PIC will abort a flight in the event of unpredicted 

obstacles or emergencies in accordance with the operating documents. 22. The PIC will not begin a flight 

unless, considering wind and forecast weather conditions, there is enough power to fly at a normal 

cruising speed to the intended landing point and land the UAS with 30 percent battery power remaining. 
23. Before conducting operations, the radio frequency spectrum used for operation and control of the 

UAS will comply with the Federal Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 24. The documents required under 14 CFR 91.9 and 14 CFR 91.203 

would be available to the PIC at the Ground Control Station of the UAS at any time the UAS is operating. 

These documents will be made available to the Administrator or any law enforcement official upon 

request. 6 25. The UAS will remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 26. The UAS will not be operated by the PIC from any moving device or vehicle. 27. 

The UAS will not be operated over congested or densely populated areas unless contracted out to do 

events. 28. Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles and structures unless: a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UAS and/or debris in the event of an accident. We will ensure that 

nonparticipating persons remain under such protection. If a situation arises where nonparticipating 

persons leave such protection and are within 500 feet of the UAS, flight operations must cease 

immediately. b. The aircraft is operated near vessels, vehicles or structures where the owner/controller 

of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment 

of the risk of operating closer to those objects and determined that it does not present an undue 

hazard. c. Operations near to the PIC, VO, operator trainees or essential persons do not present an 

undue hazard to those persons per 14 CFR 91.119(a). 29. All operations will be conducted over private 

or controlled-access property with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized representative will be obtained for 

each flight to be conducted. 30. Any incident, accident or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable certificate of authorization 

(COA) will be reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents will be 

reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB 

website: www.ntsb.gov. On behalf of Hughes Real Estate and Auction Service, LLC I would like to thank 

you for your consideration in granting this exemption. 

Signed, 

Jesse Hughes

Hughes Real Estate and Auction Service, LLC