Brian DeBoer

4420 Friesian Court

Dorr, Ml 49323

Edgn DeBoerReq ltorFS|nqi[.qom

616-293-3645 cell Phone

US Department of Transportation

Federal Aviation Administration

800 lndependence Ave SW

Washingtcn DC 20591

Dear Sir or Madam:

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

reform act) and CFR Part i.1; l, Brian DeBoer, owner and operator of Small Unmanned

Aircraft Systems (UASs), request to be exempted from the Federal Aviation Regulations

{FAR} listed below so that l, Brian DeBoer may operate UASs commercially in airspace

regulated by the FAA., as long as such operations are conducted within and under the

conditions outlined herein or as maybe established by the FAA as required by Section

333.

l, Brian DeBoer, am a Real Estate agent with City2Shore Real Estate located in

Hudsonville, Michigan. I am requesting exemption from regulations listed belsw to

perform aerial photography and videography of Real Estate and Landscape' All

operations will be perforrned with the public's safety and right to privacy safe guarded

at alltimes.

Brian DeBser's UASs is a rotorcraft weighing less than 55 pounds including payload

(The DJI Phantom 3 Vision Quad Copter). lt operates at a speed less than 50 knots and

has the eapability te hover and move in the vertical and harizontal plane

simultaneously. lt has an auto return to launch point when battery pgwer is under 25%.

The UAS will operate within the line of sight with in a protected flight area as described

below and at 200 feet A€L or less with an observer located clsse at hand as to make

voice communication possible. These operations will not create a hazard to users of the

nation airspace, public nor the environment.

l, Brian DeBoer, respectfully request the grant of an exception to the following specific

sections of the Title 14 Code of Federal regulations allowing it to operate lightweight

UASs for cornmercial use,

14 CFR 2L, subpart H, 14 CFR 45.23 (b) L4 CFR 9L.7 (a1,91..9 (b) {2) 91.103 {b},

91.109,_91.119,91-.123.,91.151,{a}, 91.2O3(a} &{b},91.405{a},91.407{aX1}, 91.409{a}&{b}.

6t. t13

l, Brian DeBoer submits this application in accordance with the Reform Act ,112 P.L. 95

33L-334, seeking relief from any currently applicable FAR'5 operating to prevent Brian

DeBoer future cornmercial use of small uASs to operate in the national airspace system
as described below. The reform Act section 332 provides for such integration of civil

unmanned aircraft into our national airspace system as it is in the public's interest to do

so. Brian DeBoer's UASs meet the definition of "srnall unmanned aircraft" as defined in

Section 331 and therefor the integration of these UASs are expressly contemplated by

the Reform Act. l, Brian DeBoer, would like to operate its light weight UASs prior to the

time period by which the Reform Act requires the FAA to promulgate rules governing

such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether certain

unrnanned aircraft systems may operate safely in national airspace before completion

of the rule making required under Section 332 of the reform Act. ln making this

determination, the Secretary of Transportation is required to determine which UASs do

create a hazard to users ofthe national airspace system or the public or pose a threat to

national security in light of the following:

The UASs size, speed. weight and operationalcapability

Operation of the UASs in close proximity to airports and populated areas

Operation of the UASs within visua! line cf sight of the operator

Reform Act 333(a). lf the secretary determines that such vehicles "may operate safely

in National Airspace System, the secretary shall establish requirements for the safe

operation in national airspace.

DJI Phantom 3s are rotorcraft weighing less than 55 lbs. and they operate at speeds

less than 50 knots and haye the capability to operate in the vertical and hcrizontal plane

simultaneously. The UASs will operate only within the line of sight of the operator

within a protected flight area and at 200 feet AGL or less. These will not present a

hazard to the national airspace nor the public.

The very small nature of these UASs combined with the safe guards presented below,

will allow for the safe cperation greater than that envisioned by Congress for the FAA to

establish and by exemption allow commercial operations of UASs to commence

immediately. Also due to the size of UASs and the areas and altitudes they will operate

approval of this exception presents no national security issues and absolutely minimal

safety concerns which have been mitigated through our rigorous risk management

process. 6iven the clear direction given in Section 333 of the Reform Act, the authority

contained in the FederalAviation Act, as amended, the strong equivalent level of

enhanced safety, reduced emissions utilizing UASs verses traditional aircraft as well as

the econsmie impaet of greatly reducing the cost of aerial photography thereby

benefiting the greater public's interest. Accordingly, the applicant requests that the FAA

grant the requested exemption without delay.

The following will be considered as the binding limitation on operations of Brian

DeBoer,
1. Flights will only occur in the day time hours,

2. Flights will be operated in the line of sight of the operator{ PIC} and Observer,{VSO}

3. Flights will be terminated at any time weather and wind deteriorate to "unsafe fsr

flight" by manufacturers recommendations,

4. The UASs will weigh less that 55 lbs.,

5. Flights will be operated at 200 feet AGL or less.

6. Crew will be at a minimum of operator{PlC} and an observer and/or camera

operator{VSO},

7. Operatar and crew will remain in contact during the flight operatisn,

8. The UASs operator will perform a check of the flight area and make certain of the

safety of all persons in the area,

9. Consent will be obtained from allperscns with in the video capabilities of the units to

further reduce the chance of violating anyone's privacy.

10. All required FAA clearances, will be obtained and distances from airports strictly

observed.

11. All UASs will have the capability to return automatically to the operator in a safe

manner with the auto return functisn checked and working.

12, When operated in conjunction with fishing vessels in the gulf, a chase boat will be

assigned to operate the UASs at a safe distance from the main fishing boat.

13. Flights witl anly operate in VFR conditions.

14, UASs haye a function on the contrsl to tell operator the distance away from the

operator and its battery power remaining.

15. Flight team will communicate by voice and the use of two-way radio if the area is too

big to hear vcice from allteam members.

15. UASs will be used to video private outings and functions, boating, jet skiing kayaking,

fishing trips in the gulf area and sporting events from a safe distance.

17. When operating over or near water the UASs will be equipped with flotation devices

so that recovery can be made as to prevent lithium battery exposure ts the water

table.

14 CFR part 21 Subpart H: Airr,rrorthiness Certificate 14 CFR 91.7{a}, 91-203{aX1}

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement

of necessary certificates in relation to FAR 9L.203{aX1}. The size, weight and defined

area of operations for Brian DeBoer's UASs flights permits exception from Part 2L

because they meet an equivalent level of safety pursuant to Section 333 of the Reform

Act. The FAA is authorized to exempt aircraft from the airworthiness certificate

requirement under both the A€-t {49 USC 4470{f} and Section 333 of the Reform Act.

Both pieces of legislation permit the FAA to exempt UASs frsm airworthiness certificates

in consideration of weight, size, speed, maneuverability and proximity tc areas such as

airports and dense populations. Brian DeBoer's USAs meets or exceeds each of these

elements
As of March 23,7015 the FAA has stated that it will automatically grant a "blanket" COA

for flights at or under 200 AGL to any UASs operator with a section 333 exemption.

14 CFR 6L.lL3 {a}& {b}: Private Pilot Privileges and Limitations: Pilot in Command.

Because the sUAS in unmanned and will not carry a pilot or passengers, the proposed

operations can achieve a high level of safety of operation without the required pilot

license.

14 CFR 91.203{a&b} provides for carrying of civil aircraft certifications and

registrations- These are inapplicable for the same reasons stated above.

14CFR91.7 {a} prohibits the operation of an aircraft without an airworthiness

certificate. As no such certificate willbe applicable in the form contemplated by FAR's

this regulation is inapplicable.

14 CFR 91.9(b){2}CivilAircraft Flight Manualin Aircraft

14 CFR 91.9tb[2) requires an aircraft flight manual in the aircraft. As there are no

pilots or passengers, and given the size of the UASs this regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining such certifications and

registrations at niqa De$orl o

The FAA has previously issued exemptions to this regulation in Exemptions No's

8607,8737,8738,9299,9299A,9565,95658,10157,10167A,10602,10700 and 32827 .

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil

aircraft. lt allows helicopters to be operated at lower altitudes in certain conditions. tr BrlEr Dctso.r

9r=n llid€rrtl6will only operate its UASs at or below ZO0AGL. They will be operated on

a will defined AOR that has been carefully reviewed for hazards and minimizes the

presence of any persons not essential for these operations. Flights will only be over

private property that the owner has consented and all persons within this video area also

give consent for this filming. Compared to flight operations of conventional and

traditional aircraft or rotorcraft weighing far more than 50 lbs., operating below 500 AGL

with flammable fuel UASs operations present a far smaller risk to the public.

Approval of these 333 Exemptions allowing commercial operations of small UASs in the

service of aerial photography will greatly enhance safety by reducing the overall risk

associated with traditional aircraft. Traditional aerial photography requires large aircraft

with flammable fuelto fly in close proximity of populated areas and people in general.

With the use of srnall UASs of 55 lbs. or less, battery operated and fling below 200 feet

AGL the risk of injury of people on the ground or the crew has been reduced or almost

erased. The granting of the use of these small UASs by Brian DeBoer will give potential

sellers of Real Estate a competitive edge in the market place.
Granting Brian DeBoer the abeve exernption will allow for the expansion of UAS sYstems

into the future for the safe conduct of free enterprise and the enjoyment of the masses.

l, Brian DeBoer, respectfully requests the FAA grant its exception without delay. The FAA

has the authority to issue the exemption sought by Brian DeBoer pursuant to the Federal

Aviation Act,85 F.L. 726 t195Slas amended {the ACf}.

Sincerely W"-

Brian DeBoer

Realtor