May 8, 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)

To Whom It May Concern:

I, Damon Darnall, President of Aerial Real Estate Photography (“AREP”) 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 AREP, an owner and operator of small unmanned aircraft, be

exempted from the Federal Aviation Regulations (“FARs”) listed below so that AREP may

operate our small ultra lightweight unmanned aircraft system (“UAS”) commercially in airspace

regulated by the Federal Aviation Administration (“FAA”).

I am a Contest Director with the AMA (American Modelers Association). I am also a Flight

Instructor with AMA Leader Club #1218. I’m experienced in flying Hobby Class Remote Control

Aircraft for recreational purposes. I have added hobby grade quad­copters

1 UAS to my

inventory equipped with a GoPro4 Black cameras with intent for aerial

videography/cinematography to enhance academic community awareness for those

individuals and companies unfamiliar with the geographical layout of the metro San Antonio

area, and augment real estate listing videos; following exemption and approval by the FAA.

I have built, flown and maintained RC aircraft for over twenty five (25) years without incident.

I’ve graduated from the RC 1st Flight School, completing intermediate and advanced flight and

safety training. I am also certified by RCFA (RC Flight Academy) in Multi­Rotor Flight and

Safety Training. My exemption request would permit operation of ultra lightweight, unmanned

(piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled

and limited airspace.

2

Flights will be in areas away from the general public, airports, heliports and heavy vehicular

traffic areas for community videos, and within property boundaries for individual homeowner

real estate listing videos/photos. Currently, similar lightweight, remote controlled UAS's are

legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to

prevent catastrophe. AREP has instituted extensive safety protocols and controls

3

to avoid

______________________________

1 Appendix A ­ DJI Phantom 2 Quad­copter Operator Manual

2 Appendix B ­ San Antonio metro area 5 mile airport radius maps

3 Appendix C ­ Flight Check/Flight Safety Protocols

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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 AREP 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.

Granting AREP’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, AREP will conduct

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

the FAA.

For the reasons stated below, AREP respectfully requests the grant of an exemption allowing

operation of ultra lightweight, remote controlled UAS’s for academic community awareness to

benefit/stimulate attraction to the metro San Antonio 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 as well as enhance public safety by minimizing the use of heavier manned

aircraft containing combustible fuel that pose potential public hazard.

I. Contact Information:

Damon Darnall, President

AREP

17460 I­35N Ste.430

Schertz, TX. 78154

Office: (210) 660­7591

Mobile: (713) 259­0449

Email: Damon@ProwessMarketingConsultants.com

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

Which AREP 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 AREP seeks and the Reason Seeking Such​Relief:

AREP, submits this application in accordance with the Reform Act, 112 P.L.95 §§ 331­334,

seeking relief from any currently applicable FARs operating to prevent AREP, 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.

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AREP’s, ultra lightweight UAS meets the definition of “small unmanned aircraft” as

defined in Section 331 and therefore the integration of the ultra lightweight UAS is

expressly contemplated by the Reform Act. We would like to operate our ultra lightweight

UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules

governing such craft. This can provide 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 AREP. AREP UAS

utilizes four (4) counter­rotating propellers for balance, control and stability. Our UAS’s are

equipped with GPS and auto return safety technology. The UAS’s weigh less than four (4)

pounds (far below the maximum 55 pound limit); including camera with gimbal.

AREP considers safety foremost with each flight. Our small unmanned aircraft are designed

to hover in place via GPS and operate in less than a 23 knot (25 mph) wind. Because of

safety concerns, stability and fear of financial loss, AREP will not fly in winds exceeding 13

kph (15 mph). Built in safety systems include a GPS mode that allows our UAS’s to hover in

place when radio controls are released. With three modes to choose from, we utilize the GPS

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for aerial videography/photography. This is the safest, most reliable and stable mode to

prevent accident and hazard. When pilot communication is lost, the UAS is designed to slowly

descend to point of take off. We do not operate our UAS’s near airports, hospitals or police

heliports, nor do we operate near areas where the general public is within fifty to one hundred

(50­100) yards depending on location, conditions and weather. Our UAS software is

continuously updated with the most up­to­date airport airspace no fly zones

(http://www.dji.com/fly­safe/category­mc).

We are 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 our location or we suspect manned aircraft may approach near our

location. Our UAS’s are capable of vertical and horizontal operations, and are flown only

within the line of sight of of 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 two hundred (300) feet. We, 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 manufacturer 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. We do everything we can to minimize any risk that may

cause a crash and create hazard to the public/property/manned aircraft. AREP strictly follows

RCFA’s Flight Training Protocols that are outlined in the Flight Check / Flight Safety

Protocals

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.. These include, but are not limited to, link loss recovery, GPS loss recovery,

disorientation recovery, line­of­sight loss recovery, emergency landing procedures, and motor

failure emergency landing.

______________________________

3 Appendix C ­ Flight Check/Flight Safety Protocols

4 GPS modes includes, position hold, self­leveling, altitude command, GPS, return home feature, and safety control to return home or land in the event of

communication interruption between RC transmitter and UAS. See Appendix A ­ Operator Manual.

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It also outlines advanced flying and recovery practices on a simulator and requires participants

to safely navigate specific courses within a certain timeframe. AREP also keeps logs of all

flights, replacement parts and flight batteries. We also require a minimum of 4 flights a month

including takeoff and landings.

AREP is extremely cautious when operating our UAS/ultra light­weight 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 our UAS’s, they fall 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. Our UAS’s, used in hobby

flight, have a demonstrable safety record and do not pose any threat to the general public or

national security.

IV. How AREP’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, high­end realtors or luxury homeowners can afford to

absorb such expense. This deprives most homeowners and realtors from a valuable marketing

tool. Manned aircraft can pose a threat to the public through potential catastrophic crashes.

Our UAS’s 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

our exemption request furthers the public interest through academic/visual awareness of the

geographical benefits in and around the metro San Antonio area. Our ultra light­weight UAS’s

are battery powered and create no emissions that can harm the environment. The

consequence of our ultra light­weight UAS’s 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 light­weight UAS's. Allowing our UAS’s

to immediately fly within national air space furthers economic growth. If our exemption is

granted, it substantially furthers the economic impact for the metro San Antonio community by

making it more accessible for companies looking to relocate or build in the San Antonio metro

area as well as individuals looking to relocate for career advancement through academic and

geographical awareness. Both of these serve as a stimulus to the community.

V. Reasons Why AREP’s Exemption Will Not Adversely Affect Safety Or How The

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

Our exemption will not adversely affect safety. Quite the contrary, by allowing us to log more

flight time in FAA controlled airspace, we can communicate with the FAA, and contribute to the

innovation and implementation of new and, as of yet, undiscovered safety protocols for

realtors. In addition, we submit the following safety protocols and enhancements to the current

practices for real estate aerial videography and photography:

● AREP UAS ­ weighs less than 4 pounds complete with a small ultra light weight high

quality Gopro4 Black Camera;

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● AREP only operates our UAS’s below 300 ft (well within the 400 ft permissible ceiling

set by the FAA Modernization and Reform Act of 2012);

● AREP UAS only operate for 3­7 minutes per flight;

● AREP lands UAS’s prior to manufacturer recommended minimum level of battery

power;

● AREP pilot UAS through remote control only by line of sight; and will not operate more

than 1000 feet

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from us;

● AREP UAS’s have GPS a flight safety feature meaning it hovers and then slowly lands if

communication with the remote control pilot is lost;

● AREP UAS’s have additional safety features such as altitude limitations, distance

limitations and built in geo­fencing;

● AREP UAS’s low power safety features will automatically land upon the battery voltage

getting low, in the case of a defective or failing battery.

● AREP actively analyzes flight data and other sources of information to constantly

update and enhance safety protocols;

● AREP only operates in reasonably safe environments that are strictly controlled, are

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

● AREP conducts extensive pre­flight inspections and protocol, during which safety

carries primary importance;

● AREP always obtains all necessary permissions prior to operation;

● AREP has individual identifying numbers clearly displayed on each aircraft that is

logged and always available for inspection.

● AREP has procedures in place to abort flights in the event of safety breaches or

potential danger;

● AREP always displays a “Caution Flight in Progress 150 ft distance required” sign when

flying

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;

● AREP uses a VO flight assistant;

● Flight testing of all new aircraft is done at licenced AMA flying fields. At the same time,

geo­fencing calibration of 300 ft AGL and 1000 ft distance are verified. UAS’s with

programmable flight systems like the Phantom 2, firmware programmed for maximum

300 ft AGL and 1000 ft distance, are the appropriate distance for easily maintaining

VSOL without assistance of binoculars or other aids.

● Most intended operation will only require a range of 20­100 ft AGL and less than 300 ft

lateral distance from PIC. Limited stated distance for VSOL will be rare, if ever needed.

● AREP checks monthly for Firmware and safety updates on all multirotor equipment

including:

○ Main Controller

○ GPS

○ Receiver

○ Battery

○ Zen IMU

In addition, we request request consideration for 120 day §63.13 Temporary Airman Certificate

to allow FAA time to review our petition and allow AREP time to coordinate and attain formal

specialized training. AREP is seeking a reasonable exemption with restriction solely to UAS

operation at AGL below 300 feet with distance of flight no greater than 1000 feet. Currently

there are no provisions within the FAA for governing UAS’s such as the DJI Phantom 2

________________________

1 Appendix A ­ DJI Phantom 2 Quad­copter Operator Manual

5 Appendix D ­ AREP Caution Sign

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for hobby or commercial use. Phantom 2 sales have been exponentially higher than the 7,500

in 5 years estimate that the FAA put forward three years ago. With over 1 millions units sold in

2014 alone, the need for experienced, trained, and responsible operators is more important

than ever. UAS’s being flown without guidelines by unfamiliar and untrained individuals who do

not belong to a professional organizations like the AMA, may pose a threat to NAS, the public,

and responsible hobbyists.

Recently Transport Canada relaxed UAS regulations to place less restriction on UAS’s under

2 kg (4.4 lbs).

AREP requests review of Transport Canada's latest exemption

6.7

for UAS operation for

portions that can be adopted and adapted to apply in United States NAS. The includes

providing guideline and penalties for infractions, violations, and failure to comply.

Attachments A & B are from Transport Canada's Exemption for sUAS under 2 kg (4.4

pounds)

AREP’s safety protocols greatly exceed existing rules. It is important to note that until the

integration of commercial UAS into our national airspace system, full size 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 have been

incidents involving loss of life as well as extensive property damage. It is far safer to operate a

battery powered ultra light­weight UAS.

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

and AREP only operates our UAS’s 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 our UAS’s allow us to remotely pilot

away from and avoid hazards quickly and safely.

● Lastly, given its small size and weight, even when close enough to capture images,

AREP’s UAS’s need not be so close to the objects because of the technology and use

of post editing software that mimics panning and zooming.

Accordingly, AREP’s UAS’s have 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:

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).

________________________

6 Appendix E ­ Transport Canada’s Info Chart UAS

7 Appendix F ­ Transport Canada’s Exemption for UAS’s under 4.4lbs.

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The size, weight and enclosed operational area of AREP’s UAS’s permit exemption

from Part 21 because our UAS’s meet (and exceed) 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. AREP’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.

3 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 our UAS’s utilize

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 AREP.

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

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

certain specifications. Our UAS’s are, by definition, unmanned. They therefore do not have

a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two­inch

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

lettering requirement. Regardless, we will mark our UAS’s in the largest possible lettering by

placing the word “EXPERIMENTAL” on their fuselages as required by 14 C.F.R.

§45.29 (f) so that the pilot, or anyone assisting the pilot 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.

C. 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 non­commercial

operations. AREP can achieve an equivalent level of safety as achieved by current

Regulations because our UAS’s do not carry any pilots or passengers. Further, while helpful,

a pilot license will not ensure remote control piloting skills. The risks attended to the

________________________

3 Appendix C ­ Flight Check/Flight Safety Protocols

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operation of our UAS’s are far less than the risk levels inherent in the commercial activities

outlined in 14 C.F.R. § 61, et seq. Therefore, AREP can operate our UAS’s to meet and

exceed current safety levels in relation to 14C.F.R. §61.113 (a) & (b).

D. 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. Our UAS’s will never

operate at an altitude greater than 300 AGL; safely below the standard of 400 AGL. AREP

will operate our UAS’s 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 our UAS’s, an equivalent or higher level of safety will

be achieved.

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

The above­cited 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 our UAS’s. However, as a safety precaution, we inspect our UAS’s 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 our UAS’s permits exemption from Part 21 because our UAS’s

meet 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. Our UAS’s meets 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 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.

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In summary, AREP 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 AREP’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 metro San Antonio area. Currently, area

awareness and real estate aerial videography/photography relies primarily on the use of

larger aircraft running on combustible fuel, which poses a potential risk to the public. Granting

AREP’s, request for exemption will reduce current risk levels and thereby enhance safety.

Our UAS crafts do not contain potentially explosive fuel, are smaller, lighter and more

maneuverable than conventional real estate video and photographic aircraft with much less

flight time. Further, we operate at lower altitudes and in controlled airspace eliminating

potential public risk flying to and from established airfields. AREP has 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 our UAS’s and

therefore the likelihood of death or serious bodily injury is significantly diminished. Our

operation of the UAS’s, 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, Damon Darnall, President of AREP 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,

Damon Darnall / AREP

Damon Darnall / AREP

Aerial Real Estate Photography (AREP)

17460 I35N Ste. 430

Schertz, TX. 78154

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