February 18, 2016

Donald J. Thiele (D.J.)

1226 Twin Palm Dr, Ft Myers FL 33919

Florida Licensed Realtor, Fort Myers, FL 33919

Co Owner Grand Slam Entertainment, Harwichport, Ma 02646

FAA

Docket Management Facility

U.S. Department of Transportation

1200 New Jersey Avenue, SE

West Building, Ground Floor, Room W12­140 Washington, DC 20590

To whom it may concern,

I’d like to introduce myself. I am a 51 year old father of 4 and son of a retired

naval pilot who grew up around flight and airplanes. I have coached little league

for over 20 years and enjoy Southwest Florida and Cape Cod, Massachusetts. I

am currently a licensed Florida Realtor and I own a small family entertainment

business on Cape Cod, MA.

I am looking forward to use an unmanned video and photo system beyond the

point of hobby and into my professional occupations.

Personally I have purchased a DJI Phantom 3 Standard and have flown it,

legally, for many hours and feel very experienced with it. I have practiced flying

the quadcopter around my personal home and feel that the images I can capture

would be of value to my clients in Real Estate, on the buyer’s side and the

seller’s side.

I realize that the quadcopter has great potential for being a valuable business

tool.

I would like to offer my services to other agents, brokers both residential and

commercial as well as capturing unique natural outdoor video and photos for

various commercial use. At my Cape Cod business, instructional video can be

very useful in demonstrating the correct use and enjoyment of our family

entertainment facility. Further, there are a plentiful amount of tile roofs in SW

Florida that should not be walked upon but could be inspected through drone

flight. Thus saving the homeowner expense and possible roof damage.
Having served in the Real Estate environment for over 8 years, I believe the

industry would benefit from my aerial video and photography services in

Southwest Florida. I have noticed numerous Realtors using photos and videos

taken with drones in their listings. If I am to to receive a grant of exemption, I

would be the registered pilot on record, but would also personally supervise

flights to be piloted by other qualified operators. Along with managed contracting

services with qualified operators.

If I am granted an exemption, I will have accumulated more hours of flight time

with the UAS. I will begin the petition for exemption below:

To the Federal Aviation Authority (FAA), I hereby request exemption from part

21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2),

91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a),

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal

Regulations (14 CFR).

I support my request with the following information: I plan to operate a UAS, the

DJI Phantom 3, which is comprised of an unmanned aircraft and a transportable

ground station. The Phantom 3 is referred to as a quad­copter with a maximum

gross weight of about 1280 g. It is equipped with four rotors that are driven by

electric motors powered by a battery. The UA has a maximum airspeed of 16

m/s. The quad has a built in high definition camera. I plan to operate the UA over

various areas near Southwest Florida and Cape Cod, Massachusetts, to

enhance tourism videos, commercial video productions and real estate videos

and photographs. I make the following representations of operational

enhancements which I propose to abide by to ensure this exemption will provide

a level of safety at least equal to existing rules:

• I will only operate in reasonably safe environments that are strictly controlled,

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

and

• I will conduct extensive preflight inspections and protocols, during which safety

carries primary importance.

I state that given the size, weight, speed, and limited operating area associated

with the aircraft to be utilized, an exemption from 14 CFR part 21, Subpart H

(Airworthiness Certificates) and § 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. 112­95 (Section 333).

I request an exemption from § 45.23 Marking of the aircraft because his UA will

not have a cabin, cockpit or pilot station on which to mark certain words or

phrases. Further, I state that two­inch lettering is difficult to place on such a small

aircraft with dimensions smaller than the minimal lettering requirement.

Regardless of this, I state that I will mark his UAS in the largest possible lettering
by placing the word “Experimental” on its fuselage as required by § 45.29(f) so

that he or anyone assisting him as a spotter will see the markings.

I state that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and

91.417(a) and (b) Maintenance inspections may be required and should be

granted since they only apply to aircraft with an airworthiness certificate.

However, I state that as a safety precaution I will perform a preflight inspection of

his UAS before each flight as outlined in my operating documents.

UAS Pilot in Command (PIC)

I assert that under § 61.113 (a) and (b) private pilots are limited to

noncommercial operations, however I can achieve an equivalent level of safety

as achieved by current regulations because my UAS does not carry any pilots or

passengers. Further, I state that, while helpful, a pilot license will not ensure

remote control piloting skills. I further indicate that the risks of operating a UAS

are far less than the risk levels inherent in the commercial activities outlined in 14

CFR part 61, et seq., thus I request an exemption from § 61.113 Private Pilot

Privileges and Limitations: Pilot in command.

Regarding UAS operational training, I have flown numerous practice flights in

remote areas as a hobbyist simulating flights for future commercial use to gain

familiarization with the characteristics of his UAS’ performance under different

temperature and weather conditions. In a supplemental request to the FAA, I

request consideration of a 120 day temporary airman certificate in accordance

with § 63.13, to allow time to obtain a private pilot certificate or to allow the FAA

time to establish minimum UAS airman certification standards.

UAS Operating Parameters

I will abide by the following additional operating conditions under this exemption:

• operate my UAS below 400 feet and within a radius distance of 1000 feet from

the controller to both aid in direct line of sight visual observation; 1

• operate the UAS for 3­7 minutes per flight;

• land my UAS prior to the manufacturer’s recommended minimum level of

battery power;

• operate my UAS only within visual line of sight (VLOS);

• use the UAS’ global positioning system (GPS) flight safety feature whereby it

hovers and then slowly lands if communication with the remote control pilot is

lost;

• conduct all operations under my own personal and flight safety protocols

(including posting a warning sign reading: “Attention Aerial Photography in

Progress – Remain Back 150 feet”) contained in the operating documents and

will actively analyze flight data and other sources of information to constantly

update and enhance my safety protocols;

• contact respective airports if operations will be within 5 miles to advise them of

my estimated flight time, flight duration, elevation of flight and other pertinent

information;

• always obtain all necessary permissions prior to operation; and

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

potential danger. I note that § 91.7(a) prohibits the operation of an aircraft without
an airworthiness certificate. I assert that since there is currently no certificate

applicable to my operation, this regulation is inapplicable.

I note that § 91.9(b)(2) requires an aircraft flight manual in the aircraft, however

since there are no pilots or passengers on board his aircraft and given its size,

this regulation is inapplicable. I further indicate an equivalent level of safety will

be achieved by maintaining a safety/flight manual with the UAS ground station.

I note that § 91.119 prescribes safe altitudes for the operation of civil aircraft, but

that it allows helicopters to be operated at lower altitudes in certain conditions. I

state that I will not operate his UAS above the altitude of 300 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. I assert that given the size, weight,

maneuverability, and speed of my UAS, an equivalent or higher level of safety

will be achieved.

I note that § 91.121 Altimeter settings is inapplicable since my UAS utilizes

electronic GPS with a barometric sensor.

Public Interest

I state that aerial videography and photography for geographical awareness and

for real estate marketing has been around for a long time through manned fixed

wing aircraft and helicopters, but for small business owners, its expense has

been cost­prohibitive. Granting this exemption to myself would allow me to

provide this service at a much lower cost.

Further, I would like to indicate my small UAS will pose no threat to the public

given its small size and lack of combustible fuel when compared to larger

manned aircraft. I would also like to state that the operation of my UAS will

minimize ecological damage and promote economic growth by providing

information to companies or individuals doing business in the Southwest Florida

and Cape Cod region.

Conclusion:

I would like to conclude by saying thank you for your consideration and time

reading this petition. This has been a desire of mine since quadcopters became

available to the public. I have only flown as a hobby to not break any laws, with

hopes to become commercial. I see nothing but positive programs coming from

this new technology. Tourism and real estate are two of Southwest Florida's and

Cape Cod’s largest industries. These areas would benefit from the shared

beautiful landscapes and the realtor would have an advantage because of a

much clearer view of properties. The consumer gets a better overall look at the

structures and inconvenient visuals they need to see. I look forward to exploring

and inventing with new technologies and be a pioneer in this virtually new field of

photography. I look forward to using my commercial abilities to open up new

horizons for my business and my clients.

Thank you for your consideration,

Sincerely,

Donald J. Thiele