October 6 th , 2015 Jason Nacey 1818 Viscounti Drive Sandy, UTAH 84093 U.S. Department of Transportation, Docket Operations We st Building Ground Floor, Room W1 2

- 140 1200 New Jersey Avenue, SE., Wa shington, DC 20590

VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM
Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Jason Nacey seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for the following described Unmanned Aerial System called in this application the ME System, which includes an Unmanned Aircraft (UA) and ground station

- based equipment and crew:
I (Jason Nacey) will operate a DJI Inspire 1, a small unmanned aerial system (sUAS) equipped with advanced flight control systems, high definition camera and gimbal, and advanced safety features. The sUAV will be operated by a responsible PIC (pilot in command) and VO (visual operator), in turn offering a safe and valuable experience to our clients.
1. The DJI Inspire 1 has a maximum takeoff weight of less than 6.5 pounds and thus offers a lightweight, small and compact video platform compared to manned aircraft. 2. The DJI Inspire 1 offers significant safety, noise, emission, security and environmental benefits not available to larger manned aircraft. 3. The DJI Inspire 1 has numerous safety features such as failsafe mode, automatic landing should signal betwee n PIC and UAS be interrupted, GPS based altitude and distance locks, flight limiting features and low battery warnings. 4. Dual controllers provide the PIC (pilot in command) to focus on operating the sUAS while a second individual operates the camera. 5. Inspire 1 safety features are addressed in more detail in the attached Inspire 1 user manual.The safe operation of the UAS will be the first priority before, during and after

every operation.
1. The DJI Inspire 1 has a maximum takeoff weight of less than 6 .5 pounds and thus offers a lightweight, small and compact video platform compared to manned aircraft. 2. The DJI Inspire 1 offers significant safety, noise, emission, security and environmental benefits not available to larger manned aircraft. 3. The DJI Insp ire 1 has numerous safety features such as failsafe mode, automatic landing should signal between PIC and UAS be interrupted, GPS based altitude and distance locks, flight limiting features and low battery warnings. 4. Dual controllers provide the PIC (pilot in command) to focus on operating the sUAS while a second individual operates the camera. 5. Inspire 1 safety features are addressed in more detail in the attached Inspire 1 user manual. The safe operation of the UAS will be the first priority before, duri ng and after every operation.
1. All sUAS operations will be conducted at Visual Line Of Sight (VLOS) at no more than 4 00 feet AGL. 2. No sUAS operations will be conducted within 5 NM of an airport and will be in FAA class G airspace. 3. No sUAS operations will occur directly over densely populated areas, un

approved government buildings, power lines, or major roads. 4. All sUAS operations will take place during daylight hours under conditions equivalent to Visual Flight Rules (VFR) with the UAS no more than 1000 f t from the PIC. 5. All sUAS operations will have a PIC and VO present and all operations will be within visual line of sight (VLOS) of both the PIC and VO. 6. PIC and VO will be able to verbally communicate at all times. 7. The UAS will yield to all manned aircraft at all times. 8. All required permits and permissions will be obtained from local and state government should they be required. 9. A pre

-flight inspection by the PIC will be performed prior to each flight to assure that the UAS is safe for flight. A post

-flight inspection will also be performed as an added level of safety. a. PRE

-FLIGHT CHECKLIST FOR SAFE OPERATIONS OF DRONES

 Transmitter firmware up to date

 Drone firm up to date

 Inspect UAS for obvious defects

 Batteries fully charged

 Propellers tightened and/or locked ND Filter needed? Yes/No

 SD card in camera, SD card formatted

 Monitor brightness set to high & hood installed

 Antennae up

 Transmitter turned on

 UAS turned on

 Compass calibrated

 Minimum return height adjusted

 Clear frequency chosen

 UAS placed in safe launch and recover position

 Area clear of people FLIGHT

 Warn bystanders of imminent takeoff

 Hover close for 20 seconds. Look/listen for defects

 Confirm expected stick operation

 Monitor battery power

 Keep line

-of

-sight with UAS at all times!

 Monitor signal strength 10. Full aircraft inspections will be completed in accordance with manufactures instructions. 11. At no time shall the UAS be operated with missing or manufacturer unapproved parts, or in any condition that could pose a hazard to any other aircraft or structure or person on the ground. 12. The sUAS will not be operated at a battery level below 20%. 13. Prior to all UAS operations a pre

-flight meeting will be held by the PIC to determine the parameters of flight in a given location, any hazards present, weather conditions, safety procedures at the specific location and approximate duration and route of flight. 14. The PIC will have a minimum of 10hrs flying time and operated at least 50 individual flights of similar sUAS multirotor aircrafts. It is my belief that small unmanned aerial systems, used by experienced and responsible operators, following the policies outlined above, operating in privacy conscious way; will in turn offer aerial imaging to the general public in ways that are more cost effective, safe, and efficient than the traditional methods of manned aircraft.

**I. Contact Information:**Jason Nacey

1818 Viscounti Drive, Sandy UTAH 84093 Cell: (801) 699

- 1211 Email: nacey@mac.com **II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Jason Nacey**  **Requests Exemption are:** 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 Jason Nacey**  **seeks and the Reason He Seeks Such Relief:**  I, ( Jason Nacey ) , submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent me, (Jason Nacey) , contemplated commercial cinematic, academic and other flight operations within the national airspace system. The Reform Act in Section 332 provi des for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. My, (Jason Nacey) , ultra light weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra light weight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such c raft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UAS aerial video and photography. The Reform Act guides 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; W hether the UAS will be operated near airports or heavily populated areas; and, Wh ether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, (Jason Nacey) . My UAS utilizes four (4) counter

- rotating propellers for balance, control and stability. My UAS is equipped with GPS and auto return safety technology. W eighing six point forty

seven (6.47) pounds (far below the maximum 55 pound limit); including camera with gimbal. I, (Jason Nacey) , consider safety as foremost with each flight. My small

unmanned aircraft is designed to hover in place via G PS and operate in less than a 10 m/s wind. For safety, stability and fear of financial loss I will not fly in winds exceeding the manufactures guidelines . Built in safety systems include a GPS mode that allows my UAS to hover in place when radio controls are released.Wi th three modes to choose from, I utilize the Smart Mode for aerial

videography/photography. This is the safest, most reliable and stable mode to prevent accident and hazard. W hen pilot communication is lost UAS is designed to return and slowly descend to point of take off. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within fifty to one hundred (50

- 100) yards depending on location, conditions and weather. I am co nstantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft may approach near my locat ion. My UAS is capable of vertical and horizontal operations, and are flown only within my line of sight, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between ten ( 10 ) to fi fteen ( 15 ) minutes, w ith an altitude under four hundred (40 0) feet. I, (Jason Nacey) , utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is nine eighteen ( 18 ) to twenty (20) minutes as tested. I do not operate my 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 are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in tak ing risk that may cause a crash that could create hazard to the public/property/manned aircraf t, and have no desire to lose this (DJI Inspire1) investment. I have clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific UAS's performance under different tem perature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time. All for the sake of safety. I, (Jason Nacey) , am extremely cautious when operating of my UAS/ultra lightweight unmanned a ircraft 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 my 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. My, (Jason Nacey) , 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 Jason Nacey’s**  **Request Will Benefit the Public A s A**  **Whole:** Aerial videography for geographic al awareness and for marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget 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 expense. Depriving non

- luxury homeowners and lower budget Realtors from a valuable marketing tool. Mannedaircraft pos e a threat to the public through potent ial catastrophic crash that

community ’s has experienced in the past with military aircraft and medical helicopter crashes within the areas of the United States . Each resulting in loss of life. Each with combustible fu el that exploded and burned on impact. My, (Jason Nacey) UAS pose no such threat since size and lack of combustible fuel alleviates any potential threat to the public. Congress has already proclaimed that it is in the public’s interest to integrate commerc ially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting my, (Jason Nacey) , exemption request furthers the public interest through academic/visual awareness of the geographical benefits in and around my area. My ul tra lightweight UAS is battery powered and creates no emissions that can harm the environment. The consequence of my ultra light weight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel a nd can cause catastrophic devastation to the public.
The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery operated ultra light weight UAS's. Permitting me, (Jason Nacey) , to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact for my community and for companies looking to relocate or build in the area as well as individuals looking to re locate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community. **V. Reasons Why Jason Nacey**  **’s Exemption Will Not A** **dv ersely** **A ffect Safety**  **Or How The Exemption Will Provide a Level of Safety A**  **t L east Equal To**  **Existing Rule:** My, (Jason Nacey) , exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting me, (Jason Nacey) , to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovered safety protocols for Realtors and filmmakers that can be embraced by the National Association of Realtors, and local Film Commission’s for development in cooperation with the FAA. In addition I, (Jason Nacey) , submit the following representations of enhancements to current aerial videography and photography for real estate and filmmaking : 1. All sUAS operations will be conducted at Visual Line Of Sight (VLOS) at no more than 4 00 feet AGL. 2. No sUAS operations will be conducted within 5 NM of an airport and will be in FAA class G airspace.3. No sUAS operations will occur directly over densely populated areas, un

approved government buildings, power lines, or major roads. 4. All sUAS operations will take place during daylight hours under conditions equivalent to Visual Flight Rules (VFR) with the UAS no more than 1000 ft from the PIC. 5. All sUAS operations will have a PIC and VO present and all operations will be within visual line of sight (VLOS) of both the PIC and VO. 6. PIC and VO will be able to verbally communicate at all times. 7. The UAS will yield to all manned aircraft at all times. 8. All re quired permits and permissions will be obtained from local and state government should they be required. 9. A pre

-flight inspection by the PIC will be performed prior to each flight to assure that the UAS is safe for flight. A post

-flight inspection will als o be performed as an added level of safety. a. PRE

-FLIGHT CHECKLIST FOR SAFE OPERATIONS OF DRONES

 Transmitter firmware up to date

 Drone firm up to date

 Inspect UAS for obvious defects

 Batteries fully charged

 Propellers tightened and/or locked

 ND Filter needed? Yes/No

 SD card in camera, SD card formatted

 Monitor brightness set to high & hood installed

 Antennae up

 Transmitter turned on

 UAS turned on

 Compass calibrated

 Minimum return height adjusted

 Clear frequency chosen

 UAS placed in safe launch and recover p osition

 Area clear of people FLIGHT

 Warn bystanders of imminent takeoff

 Hover close for 20 seconds. Look/listen for defects

 Confirm expected stick operation

 Monitor battery power

 Keep line

-of

-sight with UAS at all times!

 Monitor signal strength 10. Full aircraft inspections will be completed in accordance with manufactures instructions.11. At no time shall the UAS be operated with missing or manufacturer unapproved parts, or in any condition that could pose a hazard to any other aircraft or structure o r person on the ground. 12. The sUAS will not be operated at a battery level below 20%. 13. Prior to all UAS operations a pre

-flight meeting will be held by the PIC to determine the parameters of flight in a given location, any hazards present, weather condition s, safety procedures at the specific location and approximate duration and route of flight. 14. The PIC will have a minimum of 10hrs flying time and operated at least 50 individual flights of similar sUAS multirotor aircrafts. My, (Jason Nacey) , safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography fo r community awareness and real estate. Wh ile the safety record of such helicopters is remarkably astounding, there has been local incident involving loss of life as well as extensive property damage; it is far safer to operate a battery powered ultra light weight UAS.

 First, the potential loss of life is diminished because UAS's carry no people on board and I only operate my UAS in specific areas away from mass populations.

 Second, there is no fuel on board a UAS and thus the potential for fire or explosi ons is greatly diminished.

 Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quickly and safely.

 Lastly, given its small size and weight, even when close enough to capture amazing images, m y UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom. Accordingly, my UAS has been experimentally operated for familiarization/competency and will continue to operate a t and above current safety levels.
**VI. A Summary The FAA** 

**May Publish in the Federal Register:**  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 size, weight and enclosed operational area of my, (Jason Nacey) , UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant toSection 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 4470 1 (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 dens e populations. My, (Jason Nacey) , current and projected UAS's meet or exceed each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemp lated 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 safety/flight manual delineating areas of where safety can be defined.10 The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 101 67A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my 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 airc raft 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 me, (Jason Nacey) 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain word s or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I 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 I the pilot, or anyone assisting me 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 and 10700. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

commercial operations. Further, while helpful, a pilot license will not ensureremote control piloting skills. Th e risks attended to the operation of my UAS is far

less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, (Jason Nacey) , to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 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. My UAS will never operate at an altitude greater than the standard of 400 AGL , My UAS software will not allow it . I, (Jason Nacey) , will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relat ion to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above

- cited R egulations 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 discrepancie s repaired as prescribed in part 43 of this chapter.

. . . ” These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, (Jason Nacey) , UAS. However, as a safety precaution I inspect my 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, entit led Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permit ’ s exemption from Part 21 because my, (Jason N acey) , UAS meets 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 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. My UAS meets or exceeds eac h of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 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) requ ires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation isinapplicable. An equivalent level of safety will be achieved by maintaining a

manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be ach ieved. **In summary ,**  **Jason Nacey seeks an exemption from the following**  **Regulations:** 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F .R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate m y, (Jason Nacey) , small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and real estate operations, and to develop economic platforms for real estate to enhance the experience of those seeking to relocate to my area. Currently , area awareness and real estate aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my, (Jason Nacey) , request for exemption will reduce current risk leve ls and thereby enhance safety. My UAS craft do es not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real estate video , filmmaking areal video and photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established airfields

. I, (Jason Nacey) , have been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for real estate and filmmaking usage that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for co mplying with the FAA Modernization and Reform Act of 2012. There are no personnel on board my, (Jason Nacey) , UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. My, (Jason Nacey) , operation of my UAS, weighing l ess than seven (7) pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, (Jason Nacey) , respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large. Respectfully submitted,Jason Nacey

1818 Viscounti Drive, Sandy UTAH 84093 (801) 699

- 1211