Dale	Real	Estate	Services

1357	Heatherwood	Lane Ann	Arbor,	Michigan	48108

U.S.	Department	of	Transportation	Docket	Management	System 1200	New	Jersey	Avenue SE Washington, D.C.	20590

Re:	Exemption	Request for Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the Federal	Aviation	Regulations	from 14	C.F.R.	91.7	(a),	14	C.F.R.	91.9	(b)(2),	14	C.F.R. 91.103,	14	C.F.R.	91.119,	14	C.F.R.	91.121,	14	C.F.R.	91.405	(a),	14	C.F.R.	91.407 (a)(1),	14	C.F.R.	91.409	(a)( 1)&( 2),	14	C.F.R.	91.417	(a)&(b)

To	Whom	It	May	Concern

This	application	is	being	submitted	on	my	own	behalf.

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the Reform	Act)	and	14	C.F.R.	Part	11, Dale	Real	Estate	Services ,	operato r	of	Sm all Unmanned	Aircraft	Systems	( U ASs )	equipped	to	conduct	aerial photography	and videography for	the	real	estate	industry, hereby	applies	for	an	exemption	from	the listed	Federal	Aviation	Regulations	(“FARs”)	to	allow	commercial	operation	of	its

UAS s,	as long	as	such	operations	are	conducted	within	and	under	the	conditions outlined	herein	or	as	may	be	established	by	the	FAA	as	required	by	Section	33 3.

T his exemption	would	permit	the	operation	of	small,	unman ned

, and	relatively inexpensive UAS	under controlled	conditions	in	airspace	that	is	1)	limited	2) predetermined	3)	controlled	as	to	access	and	4)	would	provide	safety enhancements	to	the	already	safe	operations	in	the	real	estate industry presently using	conventional	aircraft.	Approval	of	this	exe mption would enhance	safety	and fulfill	the	Secretary	of	Transportation’s	(the	FAA	Administrator’s)	responsibilities	to “...establish	requirements	for	the	safe	operation	of	such	aircraft	systems	in	the national	airspace	system.” Section	333(c)	of	the Reform	Act.	The	name	and	address of	the	applicant	is: Dale	Real	Estate	Services

Please		c ontact:

Mark	Dale

1357	Heatherwood	Lane Ann	Arbor,	Michigan		48108

734

- 276

- 9008
mark.c.dale@comcast.netRegulations	from	which	the	exemption	is	requested: 14 C.F.R.	91.7	(a),	14	C.F.R.	91.9 (b)(2),	14	C.F.R.	91.103,	14	C.F.R.	91.119,	14	C.F.R.	91.121,	14	C.F.R.	91.405	(a),	14 C.F.R.	91.407	(a)(1),	14	C.F.R.	91.409	(a)(1)&(2),	14	C.F.R.	91.417	(a)&(b)

This	application	is submitted	to	fulfill	Congress’ intent	in passing Section	333(a) through	(c)	of	the	Reform	Act.	This	law	directs	the	Secretary	of	Transportation	to

consider	whether	certai n	unmanned	aircraft	systems	may operate	safely	in	the national	airspace	system	(NAS)	before	completion	of	the	rulemaking	requi red	under Section	332	of	the	Reform	Act.	In	making	this	determination,	the	Secretary	is required	to	determine	which	types	of	UASs	do	not	create	a	hazard	to	users	of	the NAS	or	the	public	or	pose	a	threat	to	national	security in	light	of	the	following:

Th e	UAS’s	size,	weight,	speed,	and	operational	capability;	•	Operation	of	the	UAS	in close	proximity to	airports	and	populated	areas;	and	•	Operation	of	the	UAS	within
visual	line	of	sight	of	the	operator



### .

Reform	Act	§	333	(a).	Lastly,	if	the	Secretary	de termines	that	such	vehicles	“may operate	safely	in	the	national	airspace	system ,	the	Secretary	shall	establish requirements	for	the	safe	operation	of	such	aircraft	in	the	national	airspace	system.”

The	Federal	Aviation	Act	expressly	grants the	FAA	the	aut hority	to	issue exemptions.	This	statutory	authority	by	its	terms	includes	exempting	civil	aircraft, as	the	term	is	defined	under	§40101	of	the	Act, that	includes UASs,	from	the requirement	that	all	civil	aircraft	must	have	a	current	airworthiness	certific ate



### .

Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be

determined that t he conditions set forth herein do not fulfill the statutory requirements for approval.

The	Administrator	may	grant	an	exemption	from	a	requirement	of	a	regulation prescribed	under	subsection	(a)	or	(b)	of	this	section	or	any	sections	44702

- 44716	of	this title	if	the	Administrator	finds	the	exemption	in	the	public	interest.	49 U.S.C.	§44701(f)	See	also	49	USC	§44711(a);	49	USC	§44704;	14	CFR	§91.203	(a)	(1).

Dale	Real	Estate	Services U ASs	are rotorcraft,	weighing	5	or	fewer	lbs.	including payload.	They operate,	under	normal	conditions	at	a	speed	of	no	more	than	30	knots and	have	the	capability	to	hover,	and	move	in	the	vertical	and	horizontal	plane simultaneously.	They	will	operate	only	in	line	of	site.	Such	operations	will	insure

that	the	sUAS	will	not create	a	hazard	to	users	of	the	national	airspace	system	or	the public.

Given	the	small	size	of	our UASs,	the	applicant	falls	squarely	within	that	zoneof	safety	(an	equivalent	level	of	safety)	in	which	Congress	envisioned	that	the	FAA must,	by	exemption ,	allow	commercial operations	of	UASs	to	commence immediately.	Also	due	to	the	size	of	the	UASs	and	the	restricted	areas in	which	the

relevant UASs	will operate,	approval	of	the	a pplication	presents	no	national security

issue.	Given	the	clear	direction	in Section	333	of	the	Reform	Act,	the	authority

contained	in	the	Federa l Aviation	Act,	as	amended;	the	strong	equivalent	level	of safety	surrounding	the	proposed	operations,	and	the	significant	public	benefit, including	enhanced	safety,	reduction	in	environme ntal	impacts,	including	reduced emissions	associated	with	allowing	UASs	for	photography ,	the	grant	of	the requested	exemptions	is	in	the	public	interes t.	Accordingly,	the	applicant respectfully	requests	that	the	FAA	grant	the	requested	exemption	without	de lay.

Aircraft	and	Equivalent	Level	of	Safety

The	applicant	proposes	that	the	exemption	requested	herein	apply	to	civil	aircraft that	have	the	characteristics	and	that	operate	with	the	limitations	listed	herein. These	limitations	provide	for	at	least	an equivalent	or even	higher	level	of	safety	to operations	under	the	current	regulatory	structure because	the	proposed operations represent	a	safety	enhancement	to	the	already	safe	movie	and	television	filming
operations	conducted	with	conventional	aircraft



### .

These	limitations	and	conditions	to	which Dale	Real	Estate	Services agrees	to	be bound	when	conducting	commercial	operations	under	an	FAA	issued	exemption

include:

1) The	sUAS	will	weigh	less	than	5 lbs .; 2 ) Flights	will	be	operated	within	line	of sight	of	a	pilot	and/or	observer ; 3 ) Maximum	total	flight	time	for	each	operational flight	will	be	25 minutes. Flights	will	be	terminated	at	25%	battery	power	reserve should	that	occur	prior	to	the	25 minute	limit ; 4 ) Flights	will	be	operated at	an
altitude	of	no	more	than	2 00	feet	AGL	or,	not	more	than	200	feet	above	an	elevated platform	from	which	filming	is	planned ; 5 ) Minimum	crew	for	each	operation	will consist	of	the	UAS	Pilot,	and	the	Visual	Observer ; 6 ) sUAS	P ilot	will	be	Pilot	in Command	(P IC); 7 ) The	UAS	will	only	operate	within	a	confined	area ; 8 ) A	briefing will	be	conducted	in	regard	to	the	planned	UAS	operations	prior	to	each	project .	It will	be	mandatory that	all	personnel	who	will	be	performing	duties b e	present	for this	briefing ; 9 ) The	operator	will	obtain	the	consent	of	all	persons	involved	in	the photography	and filming and	ensure	that	only	consenting	persons	be	allowed	within

5 0	feet	of	the flight	operation ; 10 ) Pilot	and	observer	will	have	b een	tra ined	in operation	of	UAS generally	and	received	up

- to

- date	information	on	the	particular

UAS	to	be ; 11 ) Observer	and	pilot	will	at	all	times	be	able	to	communicate	by	voice and/or	text ; 12 ) Written	and/or	oral	per mission	from	the	relevant	property	holders

will	be	obtained ; 13 ) If	the	UAS	loses	communications	or	loses	its	G PS	signal,	the

UAS	will	have capability	to	return	to	a	pre

- determined	location	within	the security perimeter	and	lan d and; 14 ) The UAS	will	have	the	capability	to	abort	a	flight	in	case

of unpredicted	obstacles	or	emergencies.14	C.F.R.	Part	21,	Subpart	H:	Airworthiness	Certificates	14	C.F.R.	§91.203	(a)	(1) Subpart	H,	entitled	Airworthiness	Certificates,	establishes	the	procedural requirements	for	the	issuance	of	airworthiness	certificate s	as	required	by	FAR §91.203	(a)	(1).	Given	the	size	and	limited	operating	area	associated	with	the aircraft	to	be	utilized	by	the	Applicant,	an	exemption	from	Part	21	Subpart	H	meets the	requirements	of	an	equivalent	level	of	safety	under	Part	11	and	Sect ion	333	of the	Reform	Act.	The	Federal	Aviation	Act	(49	U.S.C.§44701	(f))	and	Section	333	of the	Reform	Act	both	authorize	the	FAA	to	exempt	aircraft	from	the	requirement	for an	airworthiness	certificate,	upon	consideration	of	the	size,	weight,	speed,

oper ational	capability,	and	proximity	to	airports	and	populated	areas	of	the particular	UAS.	In	all	cases,	an	analysis	of	these	criteria	demonstrates	that	the	UAS operated	without	an	airworthiness	certificate,	in	the	restricted	environment	and

under	the	condit ions	proposed	will	be	at	least	as	safe,	or	safer,	than	a	conventional aircraft	(fixed	wing	or	rotorcraft)	operating	with	an	airworthiness	certificate without	the	restrictions	and	conditions	prop osed.

The	sUAS to	be	operated	hereunder	is	less	than	5lbs.	fully	loaded,	carries	neither	a pilot	nor	passenger,	carries	no	explosive	materials	or	flammable	liquid	fuels,	and operates	exclusively within	a	secured	area.	Unlike	other	civil	aircraft,	operations

under	this	e xemption	will	be	tightly	controlled	and	monitored	by	the	operator. These	safety	enhancements	provide	a	greater	degree	of	safety	to	the	public	and property	owners	than	conventional	operatio ns	conducted	with	airworthiness

certificates	issued	under	14	C.F.R. Part	21,	Subpart	H.	Lastly,	application	of	these

same	criteria	demonstrates	that	there	is	no	credible threat	to	national	security posed	by	the	UAS,	due	to	its	size,	speed	of	operation,	location	of	operation,	lack	of explosive	materials	or	flammable	liquid fuels,	and	inability	to	carry	a	substantial external	load.	14	C.F.R.	§	45.23	(b).	Marking	of	the	Aircraft	The	regulation	requires:

When	marks	include	only	the	Roman	capital letter	"N"	and	the	registration	number is	displayed	on	limited,	restricted	or	lig ht

- sport	category	aircraft	or	experimental	or provisionally	certificated	aircraft,	the	operator	must	also	display	on	that	aircra ft near	each	entrance	to	the	cabin,	cockpit,	or	pilot	station,	in	letters	not	less	than	2 inches	nor	more	than	6	inches	high,	th e	words	"limited,"	"restricted,"	"light

- sport," "experimental,"	or	"provisional,"	as	applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS although there is no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAV, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others wor king with the sUAV will see

the identification of the UAS as “Experimental.” No person may operate a U.S.

- registered civil aircraft ... ( 2) For whic h an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft acurrent approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination ther eof. The sUAS, given its size and configuration has no ability or place to car ry such a flight manual on the aircraft, not only because there is no pilot on board, bu t because there is no room or capacity to carry such an item on the aircraft.

The	equiva lent	level	of	safety	will	be	maintained	by	keeping	the	flight	manual	at	the ground	control	point	where	the	pilot	flying	the	sUAS	will	have	immediate	access	to it.	The	FAA	has	issued	the	following	exemptions	to this	regulation:	Exemption

Nos. 8607,	8737,	873 8,	9299,	9299A,	9565,	9565B,	10167,	10167A,	10602,	32827, and	10700.	14	C.F.R.	§	91.103:	Preflight	action	This	regulation	requires	each	pilot	in command	to	take	certain	actions	before	flight	to	insure	the	safety	of	flight.	As	FAA approved	rotorcraft	flight manuals	will	not	be	provided	for	the	aircraft	an exemption	will	be	needed.	An	equivalent	level	of	safety	will	be	provided	as	set	forth in	Sections	J	and	K	of	the	Manual.	The	PIC	will	take	all	actions	including	reviewing weather,	flight	battery	requirement s,	landing	and	takeoff	distances	and	aircraft performance	data	before	initiation	of	flight.	14	C.F.R.	§91.109:	Flight	instruction: Section	91.103	provides	that	no	person	may	operate	a	civil	aircraft	(except	a manned	free	balloon)	that	is	being	used	for	fli ght	instruction	unless	that	aircraft	has fully	functioning	dual	controls.	sUASs	and	remotely	piloted	aircraft,	by	their	design do	not	have	fully	functional	dual	controls.	Flight	control	is	accomplished	through	the

use	of	a	control	box	that	communicates	wit h	the	aircraft	via	radio	communications. The	FAA	has	approved	exemptions	for	flight	training	without	fully	functional	dual controls	for	a	number	of	aircraft	and	for	flight	instruction	in	experimental	aircraft. See	Exemption	Nos.5778K	&	9862A.	The	equivalen t	level	of	safety	provided	by	the fact	that	neither	a	pilot	nor	passengers	will	be	carried	in	the	aircraft	and	by	the	size and	speed	of	the	aircraft.	14	C.F.R.	§91.119:	Minimum	safe	altitudes	Section 91.119	establishes	safe	altitudes	for	operation	of	civi l	aircraft.	Section	91.119	(d) allows	helicopters	to	be	operated	at	less	than	the	minimums	prescribed,	provided the	person	operating	the	helicopter	complies	with	any	route	or	altitudes	prescribed for	helicopters	by	the	FAA.	As	this	exemption	is	for	a	UAS	t hat	is	a	helicopter	and	the exemption	requests	authority	to	operate	at	altitudes	up	to	400	AGL,	or	not	more than	200	above	an	elevated	platform	from	which	filming	is	planned,	an	exemption may	be	needed	to	allow	such	operations.	As	set	forth	herein,	except for	the	limited conditions	stated	in	the	Manual,	the	UAS	will	never	operate	at	higher	than	400	AGL. It	will	however	be	operated	in	a	restricted	area	with	security	perimeter,	where buildings	and	people	will	not	be	exposed	to	operations	without	their	pre

- obt ained

consent.

The	equivalent	level	of	safety	will	be	achieved	given	the	size,	weight,	speed	of	the

UAS	as	well	as	the	location	where	it is	operated.	No	flight	will	be	taken	without	the permission	of	the	property	owner	or	local	officials.	Because	of	the	a dvance	notice	to the	property	owner	and	participants	in	the	filming	activity,	all	affected	individuals will	be	aware	of	the	planned	flight	operations.	Compared	to	flight	operations	with aircraft	or	rotorcraft	weighting	far	more	than	the	maximum	55lbs.	prop osed	hereinand	the	lack	of	flammable	fuel,	any	risk	associated	with	these	operations	is	far	less than	those	presently	presented	with	conventional	aircraft	operating	at	or	below	500 AGL.	In	addition,	the	low

- altitude	operations	of	the	sUAS	will	ensure	sepa ration

between	these	small

- UAS	operations	and	the	operations	of	conventional	aircraft that	must	comply	with	Section	91.119.	14	C.F.R.	§91.121	Altimeter	Settings This	regulation	requires	each	person	operating	an	aircraft	to	maintain	cruising altitude	by	re ference	to	an	altimeter	that	is	set	“...to	the	elevation	of	the	departure airport	or	an	appropriate	altimeter	setting	available	before	departure.” As	the UAS may	not	have	a	barometric	altimeter,	but	instead	a	GPS	altitude	read	out,	an exemption	may	be	need ed.	An	equivalent	level	of	safety	will	be	achieved	by	the operator,	pursuant	to	the	Manual	and	Safety	Check	list,	confirming	the	altitude	of the	launch	site	shown	on	the	GPS	altitude	indicator	before	flight.	14	C.F.R. §91.151(a):	Fuel	Requirements	for	Fli ght	in	VFR	Conditions	Section	91.151	(a) prohibits	an	individual	from	beginning	“a	flight	in	an	airplane	under	VFR	conditions unless	(considering	wind	and	forecast	weather	conditions)	there	is	enough	fuel	to fly	to	the	first	point	of	intended	landing,	and ,	assuming	normal	cruising	speed

– (1)	During	the	day,	to	fly	after	that	for	at	least	30	minutes;	or	(2)	At	night,	to	fly	after

that	for	at	least	45	minutes.”

The	battery	powering	the	sUAS provides	approximately	30minutes	of	powered flight.	To	meet	the	reserve	requirement	in	14	CFR	§91.151,	sUAS	flights	would	be limited	to	approximately	10

- 12minutes	in	length.	Given	the	limitations	on	the	UAS’s proposed	flight	area	and	the	location	of	its	p roposed	operations	within	a predetermined	area,	a	longer	time	frame	for	flight	in	daylight	or	night	VFR

conditions	is	reasonable.

Applicant	believes	that an	exemption	from	14	CFR	§91.15 1(a)	falls	within	the	scope of	prior	exemptions.	See	Exemption	10673	(allowing	Lockheed	Martin	Corporation to	operate	without	compliance	with	FAR	91.151	(a)).	Operating	the	small	UAS,	in	a tightly	controlled	area	where	only	people	and	property	owners	or of ficial representatives	who	have	signed	waivers	will	be	allowed,	with	less	than	30	minutes of	reserve	fuel,	does	not	engender	the	type	of	risks	that	Section	91.151(a)	was intended	to	alleviate	given	the	size	and	speed	of	the	small	UAS.	Additionally,	limitin g sUAS	flights	to	10	minutes	would	greatly	reduce	the	utility	for	which	the	exemption will	be	granted.

Applicant	believes	that	an	equivalent	level	of	safety	can	be	achieved	by	lim iting flights	to	30	minutes	or 25%	of	battery	power	whichever	happens	first .	This restriction	would	be	more	than	adequate	to	return the UAS	to	its	planned	landing zone	from	anywhere	in	its	limited	operating	area.

Similar	exemptions	have	been	granted	to	other	operations,	including	Exemptions 2689F,	5745,	10673, and	10808. 14	C.F .R.	§91.203	(a)	and	(b):	Carrying	Civil Aircraft	Certification	and	Registration	The	regulation	provides	in	pertinent	part:(a)	Except	as	provided	in	§	91.715,	no	person	may	operate	a	civil	aircra ft	unless	it

has	within	it	the following:

(1)	An	appropri ate	and	current	a irworthiness	certificate.

(b)	No	person	may	operate	a	civil	aircraft	unless	the	airworthiness	certificate required	by	paragraph	(a)	of	this	section	or	a	special	flight	authorization	issued under	§91.715	is	displayed	at	the	cabin	or	cockpi t	entrance	so	that	it	is	legible	to

passengers	or	crew.

The	UAS	fully	loaded	weighs	no	more	than	55	lbs

. and	is	operated	with out	an onboard	pilot.	As	such, there	is	no	ability	or	place	to	carry	certification	and registration	documents	or	to	display	them on	the	UAS.

An	equivalent	level	of	safety	will	be	achieved	by	keeping	these	documen ts	at	the ground	control	point where	the	pilot	flying	the	sUAS	will	have	immediate	access	to them,	to	the	extent	they	are	applicable	to the UAS.	The	FAA	has	issued	numerou s exemptions	to	this	regulation.	A	representative	sample	of	other	exceptions	includes Exemption	Nos.	9565,	9665,	9789,	9789A,	9797,	9797A,	9816A,	and	10700.	14 C.F.R.	§91.405	(a);	407	(a)	(1);	409 (a)	(2);	417(a)	&	(b):	Mainten ance	Inspections These	regul ations	require	that	an	aircraft	operator	or	owner	“shall	have	that	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	prescr ibed	in	part	43	of	this	chapter...,”	and	others	shall	inspect	or maintain	the	aircraft	in	compliance	with	Part	43.	Given	that	these	sec tion	and	Part 43	apply	only	to aircraft	with	an	airworthiness	certificate,	these	sections	will	not apply	to	the	applican t. The	operator	pursuant	to	the	flight	manual	will	accomplish

maintenance .	An	equivalent	level	of	safety	will	be	achieved	because	these	small UASs	are	very	limited	in	size	and	will	carry	a	small	payload	and	operate	only	in restricted	areas	for	limited	peri ods	of	time.	If	mechanical	issues	arise	the	UAS	can land	immediately	and	will	be	operating	from	no	higher	than	400	feet	AGL.	As provided	in	the	Manual,	the	operator	will	ensure	t hat	the	UAS	is	in	working	order prior	to	initiating	flight,	perform	required	m aintenance,	and	keep	a	log	of	any maintenance	performed.	Moreover,	the	operator	is	the	person	most	familiar	with the	aircraft	and	best	suited	to	maintain	the	aircraft	in	an	airworthy	condition	to provide	the	equiv al ent	level	of	safety.

The	operation	of small	UASs,	weighting	less	than	55	lbs.,	conducted	in the	strict

conditions	outlined above,	will	provide	an	equivalent	level	of	safety	supporting	the grant	of	the	exemptions	requested	herein,	including	exempting	the applicant	from the	requirements	of	Part 21	and	allowing	commercial	operations.	These	lightweight aircraft	operate	at	slow	speeds,	close	to	the	ground,	and	in	a	sterile	environment and,	as	a	result,	are	far	safer	than	conventional	operations	conducted	with	turbine helicopters	operating	in	close proximity	to	the	ground	and	people.	Privacy	All	flights will	occur	over	private	or	controlled	access	property	with	the	property	owner’s prior	consent	and	knowledge.	Filming	will	be	of	people	who	have	also	consented	tobeing	filmed	or	otherwise	have	agreed to	be	in	the	area	where	filming	will	take place.

Satisfaction	of	the	criteria	provided	in	Sectio n	333	of	the	Reform	Act	of	2012

-- size, weight,	speed,	operating	capabilities,	proximity	to	airports	and	populated	areas	and operation	within	visual	line	of	si ght	and	national	security

– provide	more	than adequate	justification	for	the	grant	of	the	requested exemptions	allowing commercial	operation	of	applicant’s	UAS	in	the	real	estate	industr y.

Sincerely,

Mark	C.	Dale

Dale	Real	Estate	Services

1357	Heatherwood Lane Ann	Arbor,	MI		48108

734

- 276

- 9008
mark.c.dale@comcast.net