### 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 directionsissued 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, 

# Z

Dwight 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

Dia g onal size

Wei g ht
Max. Speed Operatin g Temperature Operatiii g Altitude
RC Controller

GPS mode

V 

## A. A



## . TYPE AIRCRAFT..... diEXO+ WITH.. 3DGIMBAL

-

Gimbal Compatibilit y GoPro HER03 and GoPro HER04
Controllable Ran g e 0 t® -90®

Fal"ISafe 

# ... . .. ... . ....

Loss of Si g nal Aircraft returns to point of origin