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Petition- 333 Exemption Request: 

I. Henry L Kaplan, Realtor 90 Maple Lane Boynton Beach, FL 33436 

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Henry L Kaplan 

Requests Exemption are: 

14 CFR 21;14 C.F.R. 45South Florida.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). 

Ill. The Extent of relief Henry L Kaplan seeks and the Reason He Seeks Such Relief: 

1, Henry L Kaplan, 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, Henry L Kaplan, 

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. My, Henry L Kaplan's, 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 craft. 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; Whether the UAS will be operated near airports or heavily 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 me, Henry L Kaplan. My UAS utilizes four (4) counter-rotating propellers for 

balance, control and stability. My UAS is equipped with GPS and auto return safety technology. 

Weighing less than five (5) pounds (far below the maximum 55 pound limit); including camera with 

gimbal. I, Henry L Kaplan, consider safety as foremost with each flight. My 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 I will not fly in winds exceeding 16 kph (10 mph). Built in safety systems include 

a GPS mode that allows my UAS to hover in place when radio controls are released. 

Make and Model: I utilize the DJI Phantom 2 Vision Plus model presently, for aerial 

videography/photography, although I plan on upgrading to the DJI phantom 3 Professional version 

soon after my petition approval. I operate in the safest, most reliable and stable mode DJI offers to 

prevent accident and hazard. When pilot communication is lost UAS is designed 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 constantly 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 location. My UAS is 
capable of vertical and horizontal operations, and are flown only within my line of sight of me, as the 

remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last 

between three (5) to seven (9) minutes, with an altitude under one hundred fifty (150) feet. I, Henry L 

Kaplan, 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 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 taking risk that may cause a crash 

that could create hazard to the public/property/manned aircraft, and have no desire to lose a significant 

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 temperature and weather conditions. All for the sake of safety. I, Henry L Kaplan, am 

extremely cautious when operating of my UAS/ultra-light weight unmanned aircraft and will not 11Create 

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. 

Henry L Kaplan's 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 Henry L Kaplan'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. Mainly large companies 

and high end Realtors or luxury homeowners can afford to absorb such expense. Depriving non-luxury 

homeowners and cost conservative Realtors from a valuable marketing tool. Manned aircraft pose a 

threat to the public through potential catastrophic crash in the South Florida community. Each resulting 

in potential loss of life. Each with combustible fuel that exploded and may potentially explode on 

impact. My, Henry L Kaplan's, 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 commercially flown UAS's into the national airspace system, hence the passing of the Reform 

Act. Granting my, Henry L Kaplan's, exemption request furthers the public interest through 

academic/visual awareness of the geographical benefits in and around the South Florida area. My ultralight weight 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 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-light weight UAS's. Permitting me, Henry L 

Kaplan, to immediately fly within national air space furthers economic growth. Granting my exemption 

request substantially furthers the economic impact for the South Florida community for companies 

looking to relocate or build in the South Florida area as well as individuals looking to relocate for career 
advancement through academic and geographical awareness, both of which serve as a stimulus to the 

community. I also belong to a local drone club and have participated in a Boynton Beach Drone safety 

course. All of my knowledge can be shared with adults and children alike to further this awesome 

experience/technology. 

V. Reasons Why Henry L Kaplan's Exemption Will Not Adversely Affect Safety Or, 

How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

My, Henry L Kaplan's, exemption will not adversely affect safety. Quite the contrary, for the reasons 

already stated, permitting me, Henry L Kaplan, to log more flight time in FAA controlled airspace, will 

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

safety protocols for Realtors that can be embraced by the National Association of Realtors (NAR) and 

Florida Association of Realtors (FAR) for development in cooperation with the· FAA. In addition I, Henry L 

Kaplan, submit the following representations of enhancements to current aerial videography and 

photography for real estate: My UAS weighs less than 5 pounds complete with a small ultra-light weight 

high quality mega-pixel camera; I only operate my UAS 1-200 feet (well within the 400 foot permissible 

ceiling set by the FAA Modernization and Reform Act of 2012); my UAS only operate for less than 10 

minutes per flight; I land my UAS prior to manufacturer recommended minimum level of battery power; 

I pilot my UAS through remote control only by line of sight; and as mentioned, my UAS has GPS a flight 

safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is 

lost; I actively analyze flight data and other sources of information to constantly update and enhance 

safety protocols; I only operate in reasonably safe environment that are strictly controlled, away from 

power lines, elevated lights, airports and actively populated areas; I conduct extensive pre-flight 

inspections and protocol, during which safety carries primary importance; I always attempt to obtain all 

necessary permissions prior to operation; and, I have procedures in place to abort flights in the event of 

safety breaches or potential danger. My, Henry L Kaplan's, safety check list (prior to each flight) and 

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 for community awareness and real estate. While the safety 

record of such helicopters is quite astounding, there's always a chance of 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 explosions 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 hi-definition images, 

my UAS need not be so close to the objects they are focused on, through the use of technology and 

post editing software allowing pan and zoom, as well as other advanced photographic features. 
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Accordingly, my UAS has been 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: 

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, Henry L Kaplan's, UAS permits exemption from Part 21 

because my 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 the airworthiness certificate 

requirement under both the Act {49 U.S.C. § 44701 (f)) and Section 333 ofthe 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, Henry L Kaplan, 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 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 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 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 I 

me, Henry L Kaplan. 

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 words 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. I, Henry L Kaplan, can achieve an equivalent level of safety as achieved by current 

Regulations because my UAS does 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 

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, Henry L Kaplan, 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 operate at an altitude safely 

below the 400 foot height limit. I, Henry L Kaplan, 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 

relation 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 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 my, Henry L Kaplan, 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, 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 UAS 

permits exemption from Part 21 because my, Henry L Kaplan's, 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 ofthe weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. My UAS meets 

or exceeds 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, Henry L Kaplan 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 my, Henry L Kaplan, 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 the South 

Florida 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, Henry L Kaplan, request for exemption will reduce current risk levels and 

thereby enhance safety. My UAS craft do not contain potentially explosive fuel, is smaller, 

lighter and more maneuverable than conventional real estate 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 air fields. I, Henry L Kaplan, have 

been informally analyzing flight information and will compile safety protocols and the 

implementation of a flight operations manual for real estate 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 complying with the FAA 

Modernization and Reform Act of 2012. There are no personnel on board my UAS and therefore 

the likelihood of death or serious bodily injury is significantly diminished. My, Henry L Kaplan's, 

operation of my UAS, weighing less than 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, Henry L Kaplan, 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, the Real 

Estate community and the general public at large. 

Respectfully Submitted, 

Henry L Kaplan, REALTOR 

90 Maple Lane 

Boynton Beach, FL 33436 

HenryLKaplan@gmail.com 

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