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 91 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 promotingand 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) ofthe 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 oftravel 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 (Includ ing 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 (ATTl mode, no wind) Max Altitude Above Sea Level 6000 m Operating Temperature 

# o o c 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 ofthe craft, experience ofthe pilot, and operational goals, this request appears to be well suited for approval using the current criteria outlined in Section 333 ofthe FAA Modernization and Reform Act of 2012 (including new interim pol icies). See attachments Sincerely,**lNTEOST~TESo;**AYERCA Deptutrr.e"lt c:f ;•.,aponation

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Ucensee James Alan Roy IDNumber 01308858

JIM ROY MEMBER SINCE 2006 PILOT 84661 Type Broker



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## 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 NON E 

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Expiration Date 05-23-202 1 Station Privileges PRIMARY 

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