27 May, 2015

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 A Bailey (the "applicant"), operator of an Unmanned Aircraft Systems ("UAS") seeks an exemption from the Federal Aviation Regulations ("FARs") to allow for commercial operation for aerial imaging and video of homes & properties applicant lists for sale and rent in Northern Michigan.

**Applicant** Michael A Bailey 33097 E Woodsmoke Dr. Drummond Island, MI 49726

906.440.0270 Learjet31driver@hotmail.com

**Attachments** DJI Safety Guidelines

**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 ma rk 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. A equivalent level of safety will be maintained by keeping the flight manual at ground control point where the pilot wil) 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 protoco l ) 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. I do hold an ATP and Commercial Pilot certificate as well as a 2 nd class medical certificate but I am seeking relief from this regulation in the event I lose my medical certificate.



### 14 CFR 91.121 The UAS may not have a barometric altimeter, but instead does have a GPS altitude read ou t. 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) a nd (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 leve l of safety wili 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 section 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 A Bailey is seeking relief from all FARs above preventing applicant from conducting aerial photography and video of real estate taken at levels less than 400ft, at a speed less than 41 knots and with a maximum flight time of 25 minutes,. The drone to be used is a D1I Phantom 3 . At 3.3 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 it's top speed of 41 knots . 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 remaini ng. 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

P lease see attachment "DJI Safety Guidelines " for safety precautions I use for every flight.

Additionally: 1) 1 do not operate within 5 miles of an airport unless prior contact to Air Traffic Control or the airport


### ma nager has been made. 2) 1 land my UAS p rior to manufacturer recommended minimum level of battery power 3) 1 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 w i th the remote control pilot is l ost 5) 1 actively analyze flight data and other sources of information to constantly update and enhance 

### safety protocol 6) 1 conduct extensive pre

- flight inspections and protocol, during which safety carries primary importa nce 7) 1 always obtain all necessary permissions prior to operation; and, 8) 1 have procedures in place to abort fl ights in the event of safety breaches or potential danger.

9 ) 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 helps 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 t raditional 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 poses much less of a safety concern for the general public when compared to larger manned aircraft.


### Thank you for your consideration.

Michael A Bailey