Thomas M Hall

226 Oakridge Dr Choctaw Oklahoma 73020 tom@homebuyingokc.com P: 405

- 209

- 9612 F: 405

-737

- 7291 The Tom Hall Group LLC Century 21 Goodyear Green
Dear Sir or Madam, Thomas M Hall aka Tom Hall of Realtor® CEO of The Tom Hall Group LLC of Century 21 Goodyear Green seeks exemption pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, from the Federal Aviation Regulations (“FARs”) listed below so t hat Thomas Hall Realtor®, may operate their small ultra

- light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”). This petition is, in most regards, similar to granted exemption No. 11 138 both in operational approach (closer than 500’) and equipment being utilized (DJI Phantom 3 Professional ). FCC ID SS3

-WM3231507#, Model W323A As d escribed herein Thomas Hall Realtor® of the Tom Hall Group LLC real estate agent licensed within the State of Oklahoma has added a UAS to their inventory equipped with a DJI camera with intent for aerial videography/cinematography to enhance community awareness for those individuals and companies unfamiliar with the geographical layout of real estate listings in the state of Oklahoma , and augment real estate listing videos; following exemption and approval by the FAA. Thomas Hall Realtor® of the Tom Hall Group LLC exemption request would permit operation of ultra

light weight, unmanned (piloted by remote control) and comparatively inexpensive UAS in tightly controlled and limited airspace. Predetermined in areas away from general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner real estate listing. Thomas Hall Realtor® has instilled safety 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 Thomas Hall Realtor® of the Tom Hall Group LLC records 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. Protocols and Controls Thomas Hall Realtor® of the Tom Hall Group LLC 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 Thomas Hall Realtor® of the Tom Hall Group LLC will conduct operations in compliance with the protocols described herein or as otherwise established by the FAA. For the reasons stated below Thomas Hall Realtor® of the Tom Hall Group LLC respectfully requests the grant of an exemption allowing operat ion of ultra

- light weight, remote controlled UAS’s for community awareness to benefit/stimulate attraction to the Oklahoma real estate market and to enhance realestate 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. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard.

I. Conta ct Information: Thomas Hall, Realtor® The Tom Hall Group LLC 226 Oakridge Dr, Choctaw, Oklahoma 73020 Mobile: 405

- 209

-9612 Email: tom@homebuyingokc.com
II. The Specific sections of Title 14 of the Code of Federal Regulations from which Thomas Hall Realtor® of the Tom Hall Group LLC requests exemption: 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 Thomas Hall Realtor® seeks and the reason they seek such relief: Thomas Hall Realtor® of the Tom Hall Group LLC submits this application in accordance with the Reform Act, 112 P.L.95 §§ 331

- 334, seeking relief from any currently applic able FARs operating to prevent commercial cinematic 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 i n the public’s interest to do so. Thomas Hall Realtor® of the Tom Hall Group LLC ultra

- light weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of their ultra

- light weight UAS is expressly c ontemplated by the Reform Act. Thomas Hall Realtor® of the Tom Hall Group LLC would like to operate their ultra

- light weight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. The Reform Act guid es 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 pop ulated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items are in favor of an exemption for Thomas Hall Realtor® of the Tom Hall Group LLC . Their UAS utilizes four (4) counter

- rotating propellers for ba lance, control and stability. Their UAS is equipped with GPS and auto return safety technology. Weighing less than ten (10) pounds (far below the maximum 55 pound limit); including camera.Thomas Hall Realtor® of the Tom Hall Group LLC, considers safety as foremost with each flight. Their small unmanned aircraft is designed to hover in place via GPS and operate in less than a 24

- knot (15 mph) wind. For safety, stability and fear of financial loss they will not fly in winds exceeding16 kph (10 mph). Built in safety systems include a GPS mode that allows their UAS to hover in place when radio controls are released. When pilot communication is lost UAS is designed slowly descend to point of takeoff. Thomas Hall Realtor® of the Tom Hall Group LLC will not operate their UAS near airports, Hospitals nor Police heliports, and will not operate near areas where general public is within fifty to one hundred (50

- 100) yards depending on location, conditions and weather. Thomas Hall Realtor® of the Tom Hall Group LLC wi ll be prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach their location or should they suspect manned aircraft may approach near their location. Thomas Hall Realtor® of the Tom Hall Group LLC UAS is capable of vertical and horizontal operations, and will only be flown within line of sight of the operator. Utilizing battery power rather than combustible fuels, flights generally last between ten (10) to fifteen (15) minutes, with an altitude under two h undred (200) feet. Thomas Hall Realtor® of the Tom Hall Group LLC will utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is twenty

-five (25) minutes. Thomas Hall Realtor® of the Tom Hall Group LLC will not operate their UAS at or below manufacture 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 will be at hand with each exercise to insure replacement for sufficient safe level of operation. Thomas Hall Realtor® of the Tom Hall Group LLC will exercise extremely caution when operating of their UAS/ ultra

- light weight 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 their UAS it falls 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. Thomas Hall Realtor® of the Tom Hall Group LLC UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.
IV. How Thomas Hall Realtor® of the Tom Hall Group LLC 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 mann ed 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 and high end Realtors or luxury homeowners can afford to absorb such expe nse, depriving non

- luxury homeowners and lower budget Realtors from a valuable marketing tool.. 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 Thomas Hall Realtor® of the Tom Hall Group LLC exemption request furthers the public interest through visual awareness of the geographical benefits in Oklahoma . Their ultra

- light weight UAS is battery powered and creates no emiss ions that can harm the environment. The consequence of their ultra

- light weight UAS 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. Thepublic’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through their battery operated ultra

- light weight UAS's. Permitting Thomas Hall Realtor® of the Tom Hall Group LLC to immediately fly within national air space furthers economic growth. Granting their exemption request substantially furthers the economic impact for the Oklahoma City Oklahoma community for companies looking to relocate or build in the area as well as individuals looking to reloc ate, both of which serve as a stimulus to the community.
V. Reasons why Thomas Hall Realtor® of the Tom Hall Group LLC exemption will not adversely affect safety or how the exemption will provide a level of safety at least equal to existing rule: Thomas Hal l Realtor® of the Tom Hall Group LLC exemption will not adversely affect safety. The following represents enhancements to current aerial videography and photography for real estate: Their UAS weighs less than 10 pounds complete with a small ultra

- light wei ght high quality DJI Long Range V2.0 camera; • Thomas Hall Realtor® of the Tom Hall Group LLC will only operate their UAS below 200 feet (within the 400 foot permissible ceiling set by the FAA Moderniza tion and Reform Act of 2012);

 UAS only operates for 1 0

- 15 minutes per flight;

 W ill land their UAS prior to manufacturer recommended m inimum level of battery power;

 W ill pilot their UAS through remote control only by line of sight;

 Thomas Hall Realtor® of the Tom Hall Group LLC will utilize safety with radio controlled aircraft operation;

 UAS has GPS a flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost;

 P ilot will actively analyze flight data and other sources of information to constantl y update and enhance safety protocols;

 W ill only operate in reasonably safe environment, away from power lines, elevated lights, airports and actively populated areas;

 W ill conduct extensive pre

-flight inspections and protocol, during which safety carrie s primary importance;
 W ill obtain all necessary permiss ions prior to operation; and,

 W ill have procedures in place to abort flights in the event breaches or potential danger of safety Thomas Hall Realtor® of the Tom Hall Group LLC safety protocols provid e a level of safety equal to or exceeding existing rules. The potential loss of life is diminished because UAS's carry no people on board and only operates in specific areas away from mass populations. There is No fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. The small size and extreme maneuverability of the UAS allows for it to be remotely piloted away from and avoid hazards quickly and safely.

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). The siz e and weight of Thomas Hall Realtor® of the Tom Hall Group LLC UAS permits exemption from Part 21 because their UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from t he 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. Thomas Hall Realtor® of the Tom Hall Group LLC UAS meets or exceed each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airwo rthiness 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 sa fety/flight manual delineating areas of where safety can be 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 altimete r settings is inapplicable insofar as the UAS utilizes 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 Thomas Hall Realtor® of the Tom Hall Group LLC . 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lette ring is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, Thomas Hall Realtor® of the Tom Hall Group LLC will mark its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage 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 a nd 10700.
1. 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. Their UAS will never operate at an altitude greater than 200 AGL; in accordance with the standa rd of 400 AGL. Thomas Hall Realtor® of the Tom Hall Group LLC will operate their UAS 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 the UAS, an equivalent or higher level of safety will be achieved.
2. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.The above

-cited 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 chapte r. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Thomas Hall Realtor® of the Tom Hall Group LLC, UAS. However, as a safety precaution Thomas Hall Realtor® of the Tom Hall Group LLC p ilot will inspect their UAS 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 Certificate s, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size and weight of Thomas Hall Realtor® of the Tom Hall Group LLC UAS permits exemption from Part 21 because Thomas Hall Realtor® of t he Tom Hall Group LLC, UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. Respectfully Submitted,
T homas Hall Realtor® of the Tom Hall Group LLC 226 Oakridge Dr, Choctaw Oklahoma 73020