International Realty Plus-Tampa Bay 

1313 Providence Road 

Brandon, FL 33511 

Phone (813) .

629-6954 

Fax (813) 569-1772 

www.irl2tamnabav.c~om_ 

December 28, 2015 

U.S. Department of Transportation 

Docket Manageinent System 

1200 New Jersey Avenue, SE 

washington, DC 20590 

RE: Request for Exemption Per PL 112G95 §333 from 14 CFR Part 21, 14 CFR 45.23 (b), 14 CFR 61.113(a) 

and (b), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 203 (a) & 

(b), 14 CFR 91.405(a), 14 CFR 91.407(a)(1), 14 CFR 91.409(a)(2),14 CFR 91.417(a) and (b) to allow the use 

of small unxnanned aerial systems (SUAS) for commercial photography purposes. 

Greetings: 

As the owner Dwight Anthony McDonald PA, I respectfully request an exemption from several 

provisions of Title 14 of the Code of Federal Regulations (C.F.R.). The exemption is requested to 

permit the use of small unmanned aerial systems (SUAS) to assist in filming and photographing 

residential and commercial properties for such uses as: taking aerial shots of a property for commercial 

use in video tours; inspecting and recording hard to reach places like roof lines for damage, without 

the risk of a person on high or otherwise dangerous location; and filming large tracts of land and 

scenery without having to use expensive and non-fuel efficient aircraft. 

We believe the grant of an exemption is consistent with Congress' intent, reflected in Section 333 of 

the FAA Modernization and Reform Act of 2012 (Modernization Act), that safe systems be permitted 

in the national airspace prior to the issuance of final regulations governing general use of these 

systems. 

A summary of this request suitable for publication in the Federal Register is provided as Appendix A. 

Appendix B provides the manufacturers information regarding the: aircraft design, aircraft 

performance, fail-safe features, and operating limitations. 

Back2round Information 

Dwight Anthony McDonald PA dba International Realty Plus-Tampa Bay (IRPTB) is an 

independent, 100 veteran owned, residential and commercial real estate company, in the business of 

marketing and advertising properties for sale. 

Dwight McDonald holds a Airline Transport Pilots License (rororcraft helicopter/instrument 

helicopter), Cert. No. 265230580. 
4ur clients, and the public in general, desire nlore and more visual inforrnation in an electronic 

format. Also, SUAS platforms are more and more in demand as they are much more practical and 

safer than physically climbing on high, steeply sloped, or otherwise slippery roof tops for example. 

Tvue Onerations: 

Marketing photography 

Video capture usage 

Aerial imaging 

Building/Home Inspections 

Aerial Surveys 

Agricultural Land Inspection 

Reiulatory Basis for Exemution Recquest 

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant 

an exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is in the public 

interest. The FAA has imposed a separate requirement in its procedural regulations, providing that 

the petitioner shall explain why granting the exemption would not adversely affect safety or how the 

exemption would provide at least an equivalent level of safety as compliance with the underlying 

regulation. In this case, approval of this exemption would advance the public interest by significantly 

enhancing the safety and efficiency of home inspections and reporting. As described more fully 

below, the requested exemption would permit the operation of SUAS under tightly controlled 

conditions, thus ensuring that operations will not have an adverse impact on safety. 

Granting an Exemption will not Adverselv Affect Safetv 

Granting an exemption will not adversely affect safety. We will only conduct SUAS operations 

over client owned or controlled, land or buildings, solely during daylight hours, at altitudes well 

below that which would pose a risk to other aircraft. In general, SUAS operations are intended to be 

conducted: within client owned property lines; free of personnel not associated with the video 

production; and distant from both congested areas and airports. 

For Example, home inspections are labor-intensive and sornetimes hazardous. While inspectors 

make every effort they can to be thorough and but also act as safe as possible, there is an irreducible 

element of risk involved whenever personnel are required to go on the tops of buildings or out on 

structures. Personnel may need to climb over or onto structures, which can be slippery, rough, 

and/or exposed to the elements. Some structures, such as older roof shingles become damaged when 

subjected to a person's weight. The use of SUAS for supplemental property evaluations would not 

eliminate these risks entirely. As an added safety measure, it would reduce the risks to personnel by 

allowing for remote aerial viewing and docunlentation. 

In General 

The nature of operations anticipated by us requires that the SUAS be flown at relatively low 

altitudes and relatively low hovering speeds under VFR flight conditions. We expect that in most 

instances, the SUAS will be flown less than 75 feet from the highest structure along the path of the 

SUAS. Accordingly, the risk of interference with another aircraft is minimal. We also do not plan 

to conduct SUAS operations less than three rniles from any public or private airports. In the event 

an operation needs to be conducted closer to an airport, we will inform the airport operator and 

airport air traffic control tower of the contemplated operation and will comply with any directions 
issued by air traffic control at that airport. 

The operation of a small UAS, weighing less than 551bs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including 333 Aircraft Exemption Status exempting the applicant from 

conventional aircraft requirements and allowing commercial operations. These lightweight aircraft 

operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far 

safer than conventional aerial photography operations conducted with turbine helicopters operating 

in close proximity to the ground and people. 

Ground Personnel 

The safety of those on the ground is protected by the fact that no one will be allowed into the area 

without the permission of the company. Security will be established for the flight area as part of the 

pre-flight control. Each individual within the secure area will be briefed prior to flight and will 

consent to being in the area. All others will be excluded from the area. 

Experience 

We initially plan to use a dedicated staff for SUAS operations. The primary flight operator and 

trainer will be Dwight A. McDonald who holds a Commercial Airline Transport Pilots license and 

has 3500 hours of flight time as a fixed wing and rotary wing aviator. 

Currency 

The PIC will conduct at least three take-offs and landings with the SUAS on which he or she is 

trained at least once every 90 days. Depending on the type of operation, additional ground-based 

visual observers may be employed as well. These observers will be within constant visual line of 

sight and in constant contact with the PIC. The visual observers will assist the PIC in avoiding 

objects near the SUAS. 

Suuuort for Petition for Exemution 

In accordance with the procedural requirements of 14 C.F.R. §11.81, wwe provide the following 

information: 

Primary Point of Contact: 

Dwight A. McDonald 

President International Realty Plus 

1313 Providence Road 

Brandon, FL 33511 

(813) 629-6954 

DwightMcDonald@verizon.net 

Regulatory Provisions from which an Exemption is Reguested 

An exemption from the following provisions to conduct the contemplated operations are 

requested due to the fact that the UAS we operate is not an applicable aircraft type which makes 

compliance with the regulation at hand infeasible. 

333 Aircraft Exemption Status 14 C.F.R. 

§61.113(a) and (b) 

14 C.F.R. §91.119(c) 
14 C.F.R. §91.121 

14 C.F.R. §91.151 

14 C.F.R. §91.405(a) 

14 C.F.R. §91.407(a) 

14 C.F.R. §91.409(a)(1) & (2) 

14 C.F.R. §91.417(a)&(b) 

The Extent of Recguested Relief and the Reasons Relief is Needed 

Section 333 Aircraft Exemption Status: 

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the 

requirement for an airworthiness certificate based on a consideration of the size, weight, speed, 

operational capability of the particular UAS, as well as its proximity to airports and populated 

areas. 

The SUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates 

exclusively within a secured area. Given the size and limited operating area associated with the 

aircraft to be utilized, we feel that this 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 these particular UAS flights 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. 

14 C.F.R. 91.119(c) 

§91319 Minimum safe altitudes: General. 

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes: 

*** 

(a) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. 

Relief is required from §91.119 from the minimum altitudes listed in paragraph (c). 

Operations at this altitude pose a risk of collision with other aircraft, safety can only be assured 

through the grant of an exemption. 

14 C.F.R. 91.121 

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 SUAS may does not have a barometric altimeter, a GPS altitude read out exemption is 

needed. Prior to each flight, a zero altitude initiation point will be established and confirmed for 

accuracy by the pilot. 
14 C.F.R. 91.151 

§91.151 Fuel requirements forflight in VFR conditions. 

(a)No person may begin 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. 

(b)No person may begin a flight in a rotorcraft under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the flrst point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 20 

minutes. 

***** 

Operating the SUAS in a pre-defined area with less than 30 minutes of reserve fuel does not 

apply to battery powered aircraft. The type of risk contemplated by §91.151, i.e., is that an aircraft 

could run out of fuel in the event it has to be flown to an alternate airport or circle the planned 

airport in the event of unanticipated conditions. we believe that a 10minute battery reserve should 

meet this objective. Furthermore, we do not intend to use the SUAS for point-to-point flights and 

will not need an airport in order to land. 

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1) &(2) and 14 C.F.R. 91.417(a) & 

(b) 

§91.405 Maintenance required. 

Each owner or operator of an aircraft — 

(a) 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 repazred as prescribed in part 43 of this chapter; 

§91,407 Operation after maintenance, preventive maintenance, rebuilding, 

or alteration. 

(a) No person rnay operate any air°craft that has undergone maintenance, rebuilding, 

or alteration unless — 

(1) It has been approved for return to service by a person authoYized under 

§43.7 of this chapter; 

§91.409 Inspections. 

(a) Except as provided in paragraph (c) of this section, no person may operute an aircraft 

unless, within the preceding 12 calendar months. 

(1)An annual inspection in accordance with part 43 of this chapter and has been approved 

for return to service by a person authorized by §43.7 of this chapter; or 

(2)An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. 

§91.417 (a) & (b) Maintenance records. 

(a) Except for work performed in accordamce with §§91.411 and 91.413, each registered 

owner or operator shall keep the following t-ecords for the periods specified in paragraph 

(b) of this section: 
(b) The owner or operator shall retain the following records for the periods prescribed: 

*** ~ * 

We believe that an exemption from these three maintenance requirements is appropriate because 

there are no FAA standards or inspection guidelines that would allow a UAS operator to meet the 

part 91 maintenance requirements. Therefore, it would be impossible to approve a SUAS for return 

to service under §91.407(a) or to conduct the initial airworthiness and annual return to service 

inspections required by §91.409(a). 

The unit will however be maintained as instructed in the owner's manual. All reasonably determined 

repairs will be made. Also, it is a technical impossibility to meet the requirements of §§91.405(a), 

407(a), 409(a) and 417(a)&(b), this is why we believe an exemption from these provisions is 

appropriate. 

Summary: 

We hope our exemption request wi11 receive favorable consideration because it is similar in all 

material respects to other grants of exemption issued by the FAA. If our exemption is granted, we 

fully understand the requirement to comply with -all of the conditions and limitations set forth 

therein. We also understand that noncompliance with the terms and conditions of the grant of 

exemption would be grounds for the immediate suspension or rescission of said exemption. 

Please do not hesitate to contact me at the phone number or via the e-mail address provided 

above should you have any questions or concerns. 

IRespectfully submitted, 

ZDwight A. cDonald ~ 

Dwight A. McDonald PA 

dba International Realty Plus 
A endix A 

Summary for Federal Register Publication 

Pursuant to 14 C.F.R. Part 11, the following sumrnary is provided for publication in the Federal 

Register should the FA.A determine that publication is needed. 

Petitioner: Dwight A. McDonald. 

Sections of 14 C.F.R. Affected: 

333 Aircraft Exemption Status 

14 C.F.R. §91.119(c) 

14 C.F.R. §91.121 

14 C.F.R. §91.151 

14 C.F.R. §91.405(a) 

14 C.F.R. §91.407(a) 

14 C.F.R. §91.409(a) 

14 C.F.R. §91.417(a)&(b) 

Description of Relief Sought: _ 

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 C.F.R., 

61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and 

91.417(a)&(b) to conduct SUAS operations for commercial inspection and photography purposes 

over privately owned land, solely during daylight hours. Commercial operations are not intended to 

be conducted in congested areas or neat and airports. The nature of operations anticipate that the 

SUAS will be flown at relatively low altitudes. In in most instances it will be operated 75 feet from 

the subject. In no instance will it be flown higher than 400 feet above the ground. Therefore, the risk 

of interference with other aircraft is highly unlikely. 
Technical 

Specifications : 

Diagonal size 

Weight 

Max. Speed 

OperatingTemperature 

OperatiiigAltitude 

RC Controller 

GPS mode 

V A. A

. TYPE AIRCRAFT..... 

diEXO+ WITH.. 3DGIMBAL - 

Gimbal 

Compatibility GoPro HER03 and GoPro HER04 

Controllable Range 0 t® -90® 

Fal"ISafe ... . .. ... . .... 

Loss of Signal Aircraft returns to point of origin