Counsellor Realty Inc., Gaylord MI – Section 333 Exemption Petition Page 1 of 8

Sep 14, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation

Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b);

91.7(a); 91.9(b) (2); 91.103(b); 91.109;119.121; 91.151(a); 91.203(a)&(b); 91.405(a);

91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) 

To Whom It May Concern:

I, Robert Hunley, President of Counsellor Realty Inc. am writing pursuant to the FAA

Modernization and Reform Act of 2012 and the procedures contained within 14

C.F.R. 11, to request that COUNSELLOR REALTY INC., an owner and operator of

small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) 

listed below so that COUNSELLOR REALTY INC. may operate our small ultralightweight unmanned aircraft system (“UAS”) commercially in airspace regulated by the 

Federal Aviation Administration (“FAA”).

I am a Real Estate Broker (and REALTOR®), Mechanical Engineer, and Electrical 

Engineer. I’m experienced in flying Hobby Class Remote Control Aircraft for recreational

purposes. I have added many hobby grade quad-copters UAS to my inventory with

cameras with intent for aerial videography/cinematography to enhance and augment 

real estate listing photos and videos; following exemption and approval by the FAA.

My exemption request would permit operation of ultra-lightweight, unmanned (piloted

by remote control) and comparatively inexpensive UAS(s) in tightly controlled and

limited airspace.

Flights will be in areas typically away from the general public, airports, heliports, and 

heavy vehicular traffic areas for videos, and within property boundaries for individual 

homeowner real estate listing videos/photos. Currently, similar lightweight, remote 

controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety

plan or controls in place to prevent catastrophe.

Granting COUNSELLOR REALTY INC.’s 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.

For the reasons stated below, COUNSELLOR REALTY INC. respectfully requests the 

grant of an exemption allowing operation of ultra-lightweight, remote controlled UAS’s 
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for community awareness to benefit/stimulate attraction to the Gaylord area and to 

enhance real estate listing pictures and 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 as well as

enhance public safety by minimizing the use of heavier manned aircraft containing 

combustible fuel that pose potential public hazard.

I. Contact Information:

Robert Hunley, President

COUNSELLOR REALTY INC.

1624 S Otsego Ave

Gaylord, MI 49735

Office: (989) 448-2591

Mobile: (989) 350-8685

Email: Info@GaylordHomes.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From

Which COUNSELLOR REALTY INC. 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 COUNSELLOR REALTY INC. seeks and the Reason 

Seeking Such Relief:

COUNSELLOR REALTY INC., submits this application in accordance with the Reform 

Act, 112 P.L.95 §§ 331-334, seeking relief from any currently applicable FARs 

operating to prevent COUNSELLOR REALTY INC., contemplated commercial

cinematic, academic 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 in the public’s interest to

do so.

COUNSELLOR REALTY INC.’s, ultra-lightweight UASs meet the definition of “small

unmanned aircraft” as defined in Section 331 and therefore the integration of the ultralightweight UAS is expressly contemplated by the Reform Act. We would like to

operate our ultra-lightweight UAS prior to the time period by which the Reform Act

requires the FAA to promulgate rules governing such craft. This can provide 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; whether the UAS will be operated near airports or heavily
Counsellor Realty Inc., Gaylord MI – Section 333 Exemption Petition Page 3 of 8

populated areas; and, whether 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 COUNSELLOR 

REALTY INC.. The UAS’s will all weigh less than the maximum 55 pound limit; including 

any cameras and gimbals.

Our UAS’s are capable of vertical and horizontal operations, and are flown only within 

the line of sight of the remote control pilot. Utilizing battery power rather than 

combustible fuels, flights generally last between three (3) to seven (7) minutes,

with an altitude under two hundred (200) feet. We, utilize a fresh fully charged battery

with each flight as a safety precaution; full flight time limit for each battery is nine (9) to

twelve (12) minutes as tested. I do not operate my UAS at or below manufacturer

recommend minimum charge levels for operation; preferring to remain well within a safe

operating range to e nsure 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. We do 

everything we can to minimize any risk that may cause a crash and create hazard to the

public/property/manned aircraft.

It also outlines advanced flying and recovery practices on a simulator and requires

participants to safely navigate specific courses within a certain timeframe.

COUNSELLOR REALTY INC. also keeps logs of all flights, replacement parts and flight 

batteries. We also require a minimum of 4 flights a month including takeoff and 

landings.

COUNSELLOR REALTY INC. is extremely cautious when operating our UAS/ultralightweight 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 our UAS’s, they fall 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. Our UAS’s, used in hobby flight, have a demonstrable

safety record and do not pose any threat to the general public or national security.

IV. How COUNSELLOR REALTY INC.’s 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 manned 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, high-end realtors or luxury

homeowners can afford to absorb such expense. This deprives most homeowners and

realtors from a valuable marketing tool. Manned aircraft can pose a threat to the public

through potential catastrophic crashes. Our UAS’s 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 

commercially flown UAS's into the national airspace system, hence the passing of the
Counsellor Realty Inc., Gaylord MI – Section 333 Exemption Petition Page 4 of 8

Reform Act. Granting our exemption request furthers the public interest through

academic/visual awareness of the geographical benefits in and around the Gaylord 

area. Our ultra-lightweight UAS’s are battery powered and create no emissions that

can harm the environment. The consequence of our ultra-lightweight UAS’s 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.

The public’s interest is furthered by minimizing ecological and crash threat by

permitting aerial video/photo capture through my battery operated ultra-lightweight

UAS's. Allowing our UAS’s to immediately fly within national air space furthers

economic growth. If our exemption is granted, it substantially furthers the economic

impact for the Gaylord community by making it more accessible for companies looking

to relocate or build in the Gaylord area as well as individuals looking to relocate for 

career advancement through academic and geographical awareness. Both of these 

serve as a stimulus to the community.

V. Reasons Why COUNSELLOR REALTY INC.’s Exemption Will Not Adversely

Affect Safety Or How The Exemption Will Provide a Level of Safety At Least 

Equal To Existing Rule:

Our exemption will not adversely affect safety. Quite the contrary, by allowing us to log 

more flight time in FAA controlled airspace, we can communicate with the FAA, and

contribute to the innovation and implementation of new and, as of yet, undiscovered

safety protocols for realtors. In addition, we submit the following safety protocols and

enhancements to the current practices for real estate aerial videography and 

photography:

● COUNSELLOR REALTY INC. UAS - weighs much less than the 55 pounds limit 

complete with small ultra-lightweight cameras;

● COUNSELLOR REALTY INC. only operates our UAS’s below 300 ft (well within the

400 ft permissible ceiling set by the FAA Modernization and Reform Act of 2012);

● COUNSELLOR REALTY INC. UAS typically only operate for 3­7 minutes per flight;

● COUNSELLOR REALTY INC. lands UAS’s prior to manufacturer recommended

minimum level of battery power;

● COUNSELLOR REALTY INC. pilot UAS through remote control only by line of sight;

and will not operate more than 1000 feet1 from us;

● COUNSELLOR REALTY INC. UAS’s typically have additional safety features such as

altitude limitations, distance limitations and built in geo­fencing;

● COUNSELLOR REALTY INC. only operates in reasonably safe environments that

are strictly controlled, are away from power lines, elevated lights, airports and actively 

populated areas;

● COUNSELLOR REALTY INC. conducts extensive pre-flight inspections and protocol,

during which safety carries primary importance;

● COUNSELLOR REALTY INC. always obtains all necessary permissions prior to 

operation;

● Most intended operation will only require a range of 20-100 ft AGL and less than 300 ft 

lateral distance from PIC. Limited stated distance for VSOL will be rare, if ever needed.
Counsellor Realty Inc., Gaylord MI – Section 333 Exemption Petition Page 5 of 8

COUNSELLOR REALTY INC. is seeking a reasonable exemption with restriction solely 

to UAS operation at AGL below 300 feet with distance of flight no greater than 1000 

feet. Currently there are no provisions within the FAA for governing UAS’s such as 

these for hobby or commercial use. 

It is important to note that until the integration of commercial UAS into our national 

airspace system, full size helicopters are the primary means of aerial video and

photography for community awareness and real estate. While the safety record of such 

helicopters is remarkably astounding, there have been incidents involving loss of life

as well as extensive property damage. It is far safer to operate a battery powered ultralightweight UAS.

● First, the potential loss of life is diminished because UAS's carry no people on board 

and COUNSELLOR REALTY INC. only operates our UAS’s in specific areas away from 

mass populations.

● Second, there is no fuel on board a UAS and thus the potential for fire or explosions is

greatly diminished.

● Third, the small size and extreme maneuverability of our UAS’s allow us to remotely pilot 

away from and avoid hazards quickly and safely.

● Lastly, given its small size and weight, even when close enough to capture images, 

COUNSELLOR REALTY INC.’s UAS’s need not be so close to the objects because of

the technology and use of post editing software that mimics panning and zooming.

Accordingly, COUNSELLOR REALTY INC.’s UAS’s have been experimentally operated

for familiarization/competency and will continue to operate at and above current safety 

levels.

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 size, weight and enclosed operational area of COUNSELLOR REALTY INC.’s

UAS’s permit exemption from Part 21 because our UAS’s meet (and exceed) 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. COUNSELLOR REALTY INC.’s 

current and projected UAS's meet or exceed each of the elements.
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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) 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. The 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 altimeter settings is inapplicable insofar as our UAS’s

utilize 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 COUNSELLOR REALTY INC..

B. 14 C.F.R. § 45.23: Marking of The Aircraft

Applicable Codes of Federal Regulation require aircraft to be marked according to 

certain specifications. Our UAS’s 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 lettering is difficult to place on such small aircraft with dimensions 

smaller that minimal lettering requirement. Regardless, we will mark our UAS’s in the

largest possible lettering by placing the word “EXPERIMENTAL” on their fuselages 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 and 10700.

C. 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. COUNSELLOR REALTY INC. can achieve an equivalent

level of safety as achieved by current Regulations because our UAS’s do not carry any

pilots or passengers. Further, while helpful, a pilot license will not ensure remote

control piloting skills. The risks attended to the operation of our UAS’s are far less than

the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq.

Therefore, COUNSELLOR REALTY INC. can operate our UAS’s to meet and exceed

current safety levels in relation to 14C.F.R. §61.113 (a) & (b).

D. 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. Our UAS’s

will never operate at an altitude greater than 300 AGL; safely below the standard of
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400 AGL. COUNSELLOR REALTY INC. will operate our UAS’s 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 our UAS’s, an equivalent or higher level of safety will be achieved.

E. 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 chapter. . . .”

These regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to our UAS’s. However, as a safety precaution, we inspect our UAS’s

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 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 our UAS’s permits exemption from Part 21 because our

UAS’s 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 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. Our UAS’s meets 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 

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 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 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 achieved.

In summary, COUNSELLOR REALTY INC. 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

COUNSELLOR REALTY INC.’s, small unmanned vehicle/lightweight unmanned
Counsellor Realty Inc., Gaylord MI – Section 333 Exemption Petition Page 8 of 8

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 the Gaylord area. Currently, area awareness and real estate aerial

videography/photography relies primarily on the use of larger aircraft running on

combustible fuel, which poses a potential risk to the public. Granting COUNSELLOR 

REALTY INC.’s, request for exemption will reduce current risk levels and thereby

enhance safety. Our UAS crafts do not contain potentially explosive fuel, are smaller,

lighter and more maneuverable than conventional real estate video and photographic

aircraft with much less flight time. Further, we operate at lower altitudes and in

controlled airspace eliminating potential public risk flying to and from established

airfields. There are no personnel on board our UAS’s and therefore the likelihood of

death or serious bodily injury is significantly diminished. Our operation of the UAS’s,

weighing less than 5 5 pounds and travelling at lower speeds within limited areas will 

provide an equivalent level of safety as that achieved under current FARs. Accordingly

I, Robert Hunley, President of COUNSELLOR REALTY INC. 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,

Robert Hunley / COUNSELLOR REALTY INC.

1624 S Otsego Ave

Gaylord, MI 49735