James A Roy 

KirE Builders, Inc. 

12520 Kirkham Court Suite #5 

Poway CA. 92064 

J.roy@Brinkre.com 

760-822-7097 

FAA 

Docket Management Facility 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

West Building, Ground Floor, Room W12-140 

Washington, DC 20590 

Dear Exemption Manager, 

10/30/15 

I am submitting my Petition for Exemption for Unmanned Aircraft Systems operations. I am 

currently an FAA licensed private pilot rated for single engine land. I have been a private pilot 

(cert# 3131951)since 1996 and understand the requirements of safe flight and US airspace. 

My request is specifically for aerial real estate video. I am a licensed real estate broker 

(CaBRE#01308858) in California. I work for Brink Realty CaBRE #01936814 which is owned 

by KirE Builders, Inc. 

My request is for a waiver of the sections identified below in order to operate a UAS in public 

and in commercial operations. I recognize and understand the importance of safety and privacy. 

I reference the FAA announcement dated April 9

1

h, 2015 

http://www. faa. gov/news/updates/?newsld=82485 which includes language that references 

the FAA's experience in reviewing Section 333 petitions and that they seem to be generally 

falling into two categories ie: film/television production and aerial data collection, and that most 

of the exemption requests in these categories will likely be handled through the new summary 

grant process. 

With my clear understanding of FAA rules, my awareness of operational and restricted airspace, 

my experience as a pilot license holder and my attitude of safety first when it comes to flight 

operations, I believe I should be granted an exemption. 

My request for a waiver of the section is not for operations for the purpose of "closed-set motion 

picture and television filming" but are identified below. 

My request is to operate a UAS for commercial purposes. Specifically, to "record digital video 

data and other aerial photography data of real estate which will assist my company in promoting 
and selling homes in San Diego County. This will also assist buyers who want more detailed 

photos of properties they are considering online. 

Aerial photography is a critical component of marketing commercially available properties. With 

today's high-tech internet market, and ever-demanding consumer, it is important for Realtors 

and home sellers to have their listing appear near or at the top of internet searches. 

The MLS typically lists home searches in hierarchy based on number of images or videos. To 

maximize the chance to get the attention of a potential buyer, it is important for them to see the 

entire property and the surrounding area. Many of our homes are in rural areas surrounded by 

hills. All of these elements combine to have a tremendous impact on the outcome of a private 

or commercial real estate transaction. 

It is much too dangerous and expensive to hire a manned aircraft to create these aerial images, 

thereby making the UAS option more cost effective and safer than using manned aircraft. There 

are not enough UAS pilots to cover the demand for these images, which is leading to the use of 

UAS by unlicensed operators; who may be untrained and unqualified for UAS services. 

I am currently seeking exemption of: 

Section of 14 CFR: parts 21 Subpart H, 27, 45.23(b), 45.27(a), 61.113(a) and (b), 61.133(a), 

91.7(a), 91.9(b)(2), 91.103, 91.109(a), 91.119, 91.121, 91.151(a), 91 .203(a) and (b), 

91.319(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). If I have erroneously 

omitted any other relevant section or, overstated any relevant section for my intended 

operations, please feel free to suggest the missing or overstated section(s). 

Suggested Public Federal Register Summary: 

"The petitioner is seeking an exemption to operate an unmanned aircraft system (UAS) under 

the new FAA "Summary Grant" approach, announced April 9th, 2015 

http://www .faa.gov/news/updates/?newsld=82485 that will help speed up Section 333 

exemption approvals for many commercial UAS operators prior to finalizing the small UAS 

proposed rules published this past February. 

It is my understanding that the FAA will still review each Section 333 petition individually. 

However, I am hoping that the agency will accept my particular petition, and include it in the 

next summary grant, and issue me an exemption on the presumption that the FAA has "already 

granted a previous exemption similar to this request". 

Apparently, the new interim policy includes the granting of a Certificate of Waiver or 

Authorization (COA) for flights at or below 200 feet to any UAS operator with a Section 333 

exemption for aircraft that weigh less than 55 pounds, operate during daytime Visual Flight 

Rules (VFR) conditions, operate within visual line of sight (VLOS) of the pilots, and stay certain 

distances away from airports or heliports such as 5 nautical miles (NM) from an airport having 

an operational control tower; or 3 NM from an airport with a published instrument flight 

procedure, but not an operational tower; or 2 NM from an airport without a published instrument 

flight procedure or an operational tower; or 2 NM from a heliport with a published instrument 

flight procedure. It is also understood that the "blanket" 200-foot GOA allows flights anywhere in 

the country except restricted airspace and other areas, such as major cities, where the FAA 

prohibits UAS operations. 
UAS Description: 

I am asking for an exemption for a UAS up to 55 pounds because I own a DJI Phantom 3 

Professional which is under 10 lbs. I understand that this model has already been accepted 

and approved under Section 333. In the event a loss of communications occurs the craft will 

rise up vertically to a safe height before beginning an automatic return to home function. The 

control signal may be reconnected in flight and the pilot can take over safe operations again if 

communication is reestablished. However in the case of a GPS failure the craft will be able to 

be manually flown to a safe landing by the pilot. The craft operates electrically, carries no 

flammable fuel, has an integrated GPS pilot system, provides location information along with 

height AGL, speed, battery life, has programmed no-fly zones for controlled airports, and 

provides direction of travel distance from the pilot on a google map. 

DJI Phantom 3 Professional Specs 

http://www.dji.com/product/phantom-3/spec 

Weight (Including Battery And Propellers) 1280 g 

Diagonal Size (Including Propellers) 590 mm 

Max Ascent Speed 5 m/s 

Max Descent Speed 3 m/s 

Hover Accuracy 

Vertical: +/- 0.1 m (when Vision Positioning is active) or+/- 0.5 m 

Horizontal: +/- 1.5 m 

Max Speed 16 m/s (A TTl mode, no wind) 

Max Altitude Above Sea Level 6000 m 

Operating Temperature ooc to 40°C 

GPS Mode GPS/GLONASS 

Additional Points: 

It is my hope that you find that the enhanced safety achieved using an unmanned aircraft with 

the specifications described by the petitioner which carries no passengers or crew, rather than a 

manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, 

gives the FAA good cause to find that the UAS operation enabled by this exemption is in the 

public interest. 

Flight Operations: 

I am well aware of conducting safe flight operations and planning flight paths that minimize any 

overflight of crowds. Flights will end when battery reserve reaches 20 percent. The Phantom 3 

has a battery indicator on the controller. Operations will never occur under IFR conditions. In 

addition, preflight and post-flight checklists and UAS examinations will help detect any 

abnormalities prior to flight and after flight. Any UAS unable to satisfy safety checklists will be 

removed from service until the issue can be resolved. 

Granting this request would not adversely affect safety since operations would be in 

accordance with current UAS rules. 
Section 333 Compliance and Appropriateness: 

Based on the size of the craft, experience of the pilot, and operational goals, this request 

appears to be well suited for approval using the current criteria outlined in Section 333 of the 

FAA Modernization and Reform Act of 2012 (including new interim policies). 

See attachments 

Sincerely, 
lNTEOST~TESo; AYERCA 

Deptutrr.e"lt c:f ; • .,aponation 

Feden!IA~Aittl.~ 

MEDICAL CERTIFICATE TH IRD CLASS 

T;:'\is urtirit:s tMa (Ful 1\a""\e: a:td address): 

JAMES ALAN ROY 

479 G!>p<('llit Dri•l: 

Ramona CA 9206; USA 

Date of 81th ~~ht VYeigl'tt f Halt Ey6 Set 

~1955 71 199 I 9RO\IiN BR0W)4 :\1 

has me: 1he medal Slandards presai>ed in 1*1 67. Fe<lerlll A..atoo Reg-_..lior.._ bltliSdos>olt.ledicaleert.iCl!IO 

j Must ,.,..,. a:rrtttive lensts for .,.., and ciis:ant •ision. 

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Ucensee 

James Alan Roy 

IDNumber 

01308858 

JIM ROY MEMBER SINCE 2006 

PILOT 84661 

Type 

Broker 

H- HANG GlDING "''0 RATINGS p 3 INTERMEDIATE PARAGLDIHG 

Jim Roy 

\it 877.612.7465 X 96 

9• 760.822.7097 

,a 8S8A33.4491 

# J.Ron<VBrinkre.com 

CalBRE# Ol30SSSS 

12520 Kirkham Ct, SuiU S 

Poway, CA 92064 

'"'"w.brinkre.com 

~ 

UNITED STATES OF AMERICA 

FEDERAL COMMUNICATIONS COMMISSION 

AMATEUR RADIO LICENSE 

KJ6PAB 

ROY, JAMES A 

479 GRAPEFRUIT DR 

RAMONA, CA 92065 

FCC Registration Number (FRN): 002083/'522 · · ·· 

Special Conditions I Endorsements 

NONE . . 

: . .• 

-

-· 

~ ~ 

Grant Date· Effective Date I Print Date 

-E\

v.J·~.) C ...,........_,... 

LD J 

- --

I _ _j,_ 0 -~ 

5-23-2011 , ... - 05-24-2011 

File Number Operator Privileges 

0004739262 Technician 

THIS LICENSE IS NOT TRANSFERABLE 

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Expiration Date 

05-23-2021 

Station Privileges 

PRIMARY 

f#z1,; ) ICenLe s -•lgn'!_!ure FCC 660. May 2007 

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