U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations.

Dear Sir or Madam:

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (the 

"Reform Act"), Michael Scott Messemer (the "applicant"), operator of an Unmanned 

Aircraft Systems ("UAS") seeks an exemption from the Federal Aviation Regulations 

("FARs") to allow for commercial operation for a aerial photography and video for a 

variety of industries including real estate, construction .

Applicant

Michael Scott Messemer

602 Forestgreen CT

Orlando, FL 32828

Cfi1990@comcast.net

407-482-9274

Attachments

DJI phantom Vision Manual

DJI Pilot Training Guide

Pre-Flight Inspection Check list

Regarding the Unmanned Aircraft PIC

I, Michael Scott Messemer hold a Commercial Pilot License with Instrument and Multiengine ratings. I also hold a Certified Flight Instructor Rating and Certified Instrument 

Instructor rating.

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.203 (a) and (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)
Extent of relief I seek, and why

14 CFR Part 21 subpart H

The UAS to be operated carries neither pilot nor passenger and carries no explosive 

materials or flammable liquids. Given the size, weight, speed, and limited operating area 

associated with the aircraft to be utilized, I request exception. In the restricted 

environment and under the conditions proposed operation will be at least as safe, or 

safer, than a conventional aircraft operating with an airworthiness certificate without said 

restrictions.

14 CFR 45.23 (b)

Due to the size of this UAS it does not have a cockpit, cabin, or pilot station on which to 

market certain words or phrases. Lettering would be very difficult to place on such a 

small aircraft and dimensions would need to be smaller than required minimum. 

Understanding the importance of lettering, I will mark my UAS with the largest possible 

letters by placing the word "Experimental" or assigned number or name, based on 

request/ruling of FAA, on UAS fuselage. The equivalent level of safety will be provided

by having the UAS marked on its fuselage as required.

14 CFR 91.7 (a)

As there will be no airworthiness certificate for the aircraft, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness. Given the 

size of the aircraft for maintenance and use of safety check list prior to each flight an 

equivalent level of safety will be provided.

14 CFR 91.9 (b) (2)

Given the size and configuration, the UAS has no ability to carry a flight manual on the 

aircraft. There is no room, capacity, or pilot on board to adequately carry flight manual. 

An equivalent level of safety will be maintained by keeping the flight manual at ground 

control point where the pilot will have immediate access to it.

14 CFR 91.103

As FAA approved flight manuals will not be provided for the aircraft an exemption will be 

needed. Normal procedures including but not limited to; reviewing weather, flight battery 

requirement, landing and takeoff distances, along will all of those found in attachment 

"DJI Pilot Training". An equivalent level of safety will be provided by preflight protocol to 

properly match the machine.

14 CFR 91.109

UAS and remotely piloted aircraft do not have fully functional dual controls. Flight 

control is achieved through the use of a control box that communicates with the aircraft 

via radio communications. The equivalent level of safety provided because neither a 

pilot nor passenger will be carried in the aircraft, and by the speed and size of the 

aircraft.
14 CFR 91.113 (a) and (b)

I can achieve an equivalent level of safety as achieved by current regulations because 

my UAS does not carry pilot nor passenger. While helpful, a pilots' license will not 

ensure remote control piloting skills.

14 CFR 91.121

The UAS may not have a barometric altimeter, but instead does have a GPS altitude 

read out. I believe an exemption may be needed. An equivalent level of safety is 

achieve by the operator receiving live flight data monitoring and confirming current 

altitude along with altitude of launch site shown on GPS altitude indicator.

14 CFR 91.203 (a) and (b)

Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the UAS has no ability 

to carry certificate and registration documents on the aircraft. There is no room, 

capacity, or pilot on board to adequately such documents. An equivalent level of safety 

will be achieved by keeping these documents, to the extent they are applicable to the 

UAS, at the ground control point where pilot has immediate access to them.

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

and (b)

Given these sections only apply to aircraft with an airworthiness certificate, theses 

sections do not apply to this applicant. As a safety precaution, operator will perform 

preflight inspections and ensure UAS is in working condition before initiating each flight.

Michael Scott Messemer is seeking relief from all FARs above preventing applicant from 

conducting aerial photography and video for a variety of industries including real estate 

and construction taken at levels less than 400ft, at a speed less than 33.5 mph, and

with a maximum flight time of 25 minutes,. The drone to be used is a DJI Phantom 2

vision and Phantom 2 Vision Plus. The UAS has a 2.4 GHz on-board radio transmitter 

that transmits live video from the on-board camera plus all flight data from the telemetry 

system. At 2.74 pounds the weight of the UAS meets the definition of "small unmanned 

aircraft" found in section 331 "The Reform Act". In order to obtain high quality 

photography and video the UAS will be used at speeds much less than its top speed of 

33.5 mph. Due to the UAS being battery powered there are no combustible fuels 

onboard. Maximum flight time for this particular UAS is 25 minutes battery life, flights to 

be terminated with 25% battery life remaining. Given the size, weight, speed, and 

limited operating area associated with the aircraft to be utilized I find this exception to be 

reasonable with an equivalent, or greater, level of safety to be reached by the operator.

Safety

*Please see attachment "DJI Pilot Training and Pre-Flight Inspection Check List” for 

safety precautions I use for every flight. Aside from these practices I have purchased 

and completed a Phantom Knowledge step by step training course.

Additionally: 1) I will not operate within 5 miles of an airport unless prior contact to Air 

Traffic Control or the airport manager has been made. 2) I land my UAS prior to 

manufacturer recommended minimum level of battery power 3) I pilot my UAS through 
remote control by line of sight 4) My UAS uses GPS and a flight safety feature whereby 

it returns to a preprogrammed position and then slowly lands if communication with the 

remote control pilot is lost 5) I actively analyze flight data and other sources of 

information to constantly update and enhance safety protocol 6) I conduct extensive 

pre-flight inspections and protocol, during which safety carries primary importance.

7) I always obtain all necessary permissions prior to operation; and, 8) I have

procedures in place to abort flights in the event of safety breaches or potential danger.

Public Interest

The use of an UAS in the real estate industry provides both buyers and sellers a higher 

level of service. For a buyer a higher level of marketing and advertising is achieved, 

appealing to more buyers, resulting in a quicker sale of their home. Quicker home sales 

also help accelerate the economy as a whole. Buyers experience the benefit of 

encompassing a whole property, sometimes several acres, in one photo or a short 

video. Not only does this benefit the specific home seller or home buyer, but it benefits

the general public because it is much more efficient than traditional ways of using a 

plane or helicopter to achieve the same result. We can now provide this level of service 

while being conservative with fuel, time, emissions, noise, and other resources. 

Considering size, weight, speed, and absence of combustible fuels, my UAS will pose

much less of a safety concern for the general public when compared to larger manned 

aircraft.

Thank you for your consideration.

Michael Scott Messemer