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# Petition- 333 Exemption Request:

I. Henry LKaplan, Realtor 90 Maple Lane Boynton Beach, FL 33436
II. The Specific Sections ofTitle 14ofthe 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); 14C.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, submitthis application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relieffrom any currently applicable FARs operating to prevent me, Henry L Kaplan, contemplated commercial cinematic, academic and otherflight operationswithin the national airspace system. The Reform Act in Section 332 provides for such integration ofcivil unmanned aircraft systems into our national airspace system as it is in thepublic's interestto do so. My, Henry LKaplan's, ultra-light weight UAS meetsthe definition of"small unmanned aircraft" as defined in Section 331 and therefore the integration of my ultra-lightweight UAS is expressly contemplated by the Reform Act. Iwould like to operate my ultra-lightweight UAS priortothe time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information forformal regulation that can be administered uniformlyto all real estate related UAS aerial video and photography. The Reform Act guidesthe Secretary in determiningthe types of UAS's that mayoperate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities ofthe UAS's; Whetherthe UAS will be operated near airports or heavily populated areas; and, Whetherthe UAS will be operated by line ofsight. 112 P .L. 95 § 333 (a). Each ofthese items reflect in favor ofan 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 safetytechnology. Weighing less than five (5) pounds (far belowthe maximum 55 pound limit); including camera with gimbal. I, Henry LKaplan, consider safety as foremostwith 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 offinancial loss Iwill notfly 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 utilizethe DJI Phantom 2Vision Plus model presently,for aerial videography/photography, although I plan on upgradingtothe DJI phantom 3 Professional version
soon after my petition approval. Ioperate in the safest, most reliable and stable mode DJI offersto prevent accident and hazard. When pilot communication is lost UAS is designed slowly descend to point oftake-off. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate
near areas where general public is within fiftyto one hundred (50-100) yards depending on location, conditions and weather. I am constantly on alertfor any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediatelytothe nearest and safest ground pointshould a manned aircraft approach my location or I suspect manned aircraft may approach near my location. My UAS iscapable ofvertical and horizontal operations, and are flown only within my line ofsight ofme, as the remote control pilot. Utilizing battery power ratherthan 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 afresh fully charged batterywith each flight as asafety precaution; full flighttime limit for each battery is nine (9) totwelve (12) minutes as tested. I do not operate my UAS at or below manufacturer recommend minimum charge levels for operation; preferringto remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss ofcontrol or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level ofoperation. I do not believe in taking risk that may cause a crash that could create hazard tothe 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 ofthis specific UAS's performance under differenttemperature and weather conditions. All forthe sake ofsafety. I, Henry L Kaplan, am extremely cautious when operating of my UAS/ultra-lightweight unmanned aircraft and will not 11Create
a hazard to users ofthe national airspace system orthe public." 112 P.L. 95 

### § 333 (b). Given the small size and weight of my UAS itfalls well within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's intothe national airspace system. Henry L Kaplan's UAS, used in hobbyflight, has a demonstrable safety record and does not pose any threatto the general public or national security.

IV. How Henry LKaplan's Request Will Benefit the Public as a Whole:
Aerial videographyfor geographical awareness and for real estate marketing has been around for a long timethrough manned fixed wing aircraft and helicopters. For small budget real estate companies and average homeownersthe expense ofsuch 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 avaluable marketing tool. Manned aircraft pose a threatto 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 LKaplan's, UAS pose no such threat since size and lack ofcombustible fuel alleviates any potentialthreattothe public. Congress has already proclaimed that it is in the public's interestto integrate commercially flown UAS's into the national airspace system, hence the passing ofthe Reform Act. Granting my, Henry LKaplan's, exemption request furthers the public interestthrough academic/visual awareness ofthe geographical benefits in and around the South Florida area. My ultralightweight UAS is battery powered and creates no emissionsthatcan harm the environment. The consequence of my ultra-lightweight UAS crashing is far less than afull size helicopterorfixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation tothe 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. Permitting me, Henry L Kaplan, to immediatelyflywithin national air space furthers economic growth. Granting my exemption request substantiallyfurthers the economic impactforthe South Florida community for companies lookingto relocate or build inthe South Florida area as well as individuals lookingto relocate for careeradvancementthrough academic and geographical awareness, both ofwhich serve as a stimulustothe community. I also belongto 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 furtherthis awesome experience/technology.

V. Reasons Why Henry L Kaplan's Exemption Will NotAdversely Affect Safety Or, HowThe 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, forthe reasons already stated, permitting me, Henry L Kaplan, to log moreflighttime in FAA controlled airspace, will allow me to contribute to the innovation and implementation of new and novel, as ofyet undiscovered safety protocolsfor Realtors that can be embraced bythe National Association of Realtors (NAR) and Florida Association of Realtors (FAR) for development in cooperation with the· FAA. In addition I, Henry L Kaplan, submitthe following representations ofenhancementsto current aerial videography and photographyfor real estate: My UAS weighs less than 5 pounds complete with a small ultra-lightweight high quality mega-pixel camera; I only operate my UAS 1-200feet (well within the 400 foot permissible ceiling set bythe FAA Modernization and Reform Act of2012); my UAS only operate for less than 10 minutes perflight; I land my UAS priorto manufacturer recommended minimum level ofbattery power; I pilot my UAS through remote control only by line ofsight; and as mentioned, my UAS has GPS aflight safetyfeature whereby it hovers and then slowly lands ifcommunication with the remote control pilot is lost; I actively analyze flight data and othersources of informationto constantly update and enhance safety protocols; I only operate in reasonably safe environmentthat are strictly controlled, away from power lines, elevated lights, airports and actively populated areas; Iconduct extensive pre-flight inspections and protocol, duringwhich safety carries primary importance; Ialways attemptto obtainall necessary permissions prior to operation; and, I have procedures in place to abortflights in the eventof safety breaches or potential danger. My, Henry L Kaplan's, safety check list (priorto each flight) and safety protocols provide a level ofsafety equal to or exceeding existing rules. It is importantto note that absentthe integration ofcommercial UAS into our national airspace system, helicopters are the primary
means ofaerial video and photographyfor community awareness and real estate. While the safety record ofsuch helicopters is quite astounding, there's always a chance of loss of life as well as extensive property damage; it is far saferto operate a battery powered ultra-lightweight 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 thusthe potential forfire orexplosions 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 oftechnology and post editing software allowing pan and zoom, as well as otheradvanced photographicfeatures.

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I Accordingly, my UAS has been operated forfamiliarization/competency and will continue to operate at and above current safety levels.
VI. A SummaryThe FAA May Publish inthe Federal Register:
14C.F.R. 21 and 14C.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 ofmy, Henry L Kaplan's, UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level ofsafety pursuantto Section 333 of the Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both the Act {49 U.S.C. § 44701 (f)) and Section 333 ofthe Reform Act. Both pieces of legislation permitthe FAA to exempt UAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. My, Henry LKaplan, current and projected UAS's meet
or exceed each ofthe elements. 14C.F.R. 91.7(a) prohibitsthe operation ofan aircraftwithout an airworthiness certificate. As
no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14C.F.R. § 91.9 (b) (2) requires an aircraftflight manual in the aircraft. As there are no on board pilots or passengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafetywill be achieved by maintaining a safety/flight manual delineating
areas ofwhere safety can be defined. The FAA has previously issued exemptionstothis regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14C.F.R. § 91.121 regarding altimetersettings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor. 14C.F.R. § 91.203 (a) and (b) provides forthe carrying ofcivil aircraft certifications and registrations. They are inapplicable forthe same reasons described above. The equivalent level ofsafetywill be achieved by maintaining any such required certifications and registrations by

I me, Henry LKaplan. 14C.F.R. § 45.23: MarkingofThe Aircraft. Applicable Codes of Federal Regulation require aircraftto be marked according to certain specifications. My UAS are, by definition, unmanned. Theytherefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficultto place on such small aircraftwith dimensions smallerthat minimal lettering requirement. Regardless, Iwill 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 Ithe pilot, or anyone assisting me as a spotterwith the UAV will see the markings. The FAA has previously issued exemptionsto this regulation through Exemptions Nos. 8738, 10167, 10167Aand 10700.14C.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 LKaplan, can achieve an equivalent level ofsafety as achieved by current Regulations because my UAS does notcarry 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 LKaplan, to operate my UAS meet and exceed current safety levels in relation to 14C.F.R. §61.113 (a) 

### & (b). 14C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudesforthe operation ofcivil aircraft. Itallows helicopters to be operated at loweraltitudes in certain conditions. My UAS will operate at an altitude safely belowthe 400 foot height limit. I, Henry LKaplan, will however operate my UAS in safe areas awayfrom public and traffic, providing a level ofsafety at least equivalentto or belowthose in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofmy UAS, an equivalent or higher level ofsafety will be achieved. 14C.F.R. 91.405 (a); 407 (a). (1); 409 (a) (2); 417(a) 

### & (b): Maintenance Inspections. The above-cited Regulations require, amongst otherthings, aircraft owners and operatorsto "have [the] aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

.... "These Regulations only apply to aircraftwith 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 SummaryThe FAA May Publish in the Federal Register: A. 14C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurementof 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 pursuantto Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 ofthe Reform Act. Both pieces of legislation permitthe FAA to exempt UAS's from the airworthiness certificate requirement in consideration oftheweight, size, speed, maneuverability and proximityto areas such as airports and dense populations. My UAS meets
or exceeds each ofthe elements. 14C.F.R. 91.7(a) prohibitsthe operation ofan aircraftwithout
an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14C.F.R. § 91.9 (b) (2) requires an aircraftflight manual in the aircraft. As there are no pilots or passengers, and given the size ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafety 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 measuresfor any damaged hardware. Therefore, an equivalent level ofsafetywill be achieved. In summary, Henry LKaplan seeks an exemptionfromthefollowing Regulations:14C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14C.F.R. §§ 61.113 (a) 

### & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14C.F.R. § 91.119; 14C.F.R. § 91.121; 14C.F.R. § 91.151(a); 14C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14C.F.R. § 91.409 (a) (2); and, 14C.F.R. §§ 91.417 (a) 

### & (b) to commercially operate my, Henry L Kaplan, small unmanned vehicle/lightweight unmanned aircraftvehicle in community awareness and real estate operations, and to develop economic platforms for real estate to enhance the experience ofthose 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 LKaplan, requestfor exemption will reduce current risk levels and thereby enhance safety. My UAS craft do notcontain 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 loweraltitudes and in controlled airspace eliminating potential public risk flying to and from established airfields. I, Henry L Kaplan, have been informally analyzing flight information and will compile safety protocols and the implementation ofaflight operations manual for real estate usage that exceeds currently accepted means and methodsfor safe flight. Formal collection ofinformation shared with the FAA will enhance the FAA's internal effortsto establish protocols for complying with the FAA Modernization and Reform Act of2012. There are no personnel on board my UAS and therefore the likelihood ofdeath orserious bodily injury is significantly diminished. My, Henry L Kaplan's, operation of my UAS, weighing less than 5 pounds and travelling at lowerspeeds within limited
areas will provide an equivalent level ofsafety as that achieved under current FARs. Accordingly I, Henry LKaplan, respectfully request thatthe FAA grant my exemption request and am willing to cooperate in sharing informationto benefitthe 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 (