May 11, 2015 

 Exemption No. 11534 

 Regulatory Docket No. FAA–2015–0391 

Ms. Melissa Maxwell 

Agent/ Owner 

Re/Max Affiliates/ Shilleh Properties, LLC 

4895 Houston Road 

Florence, KY 41042 

Dear Ms. Maxwell: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated February 16, 2015, you petitioned the Federal Aviation Administration (FAA) 

for an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial videography, cinematography, and photography to enhance academic 

community awareness and to augment real estate listings. 

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner. 
2 

Discussion of Public Comments: 

The FAA received one individual comment in opposition to the petition and two in support. In 

granting this exemption, the FAA has determined that the proposed operations can safely be 

conducted under the conditions and limitations of this exemption. As with exemptions issued 

to Aeryon Lab, Astraeus Aerial, Clayco, Inc., and VDOS Global, LLC, failure to comply with 

the document’s conditions and limitations is grounds for immediate suspension or rescission 

of the exemption. 

Airworthiness Certification 

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+. 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying 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. 

Having reviewed your reasons for requesting an exemption, I find that— 

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213; 

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 
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Our Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Ms. Melissa Maxwell is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below. 

Conditions and Limitations 

In this grant of exemption, Ms. Melissa Maxwell is hereafter referred to as the operator. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision+when weighing less than 55 pounds including payload. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 
4 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins. 
5 

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 
6 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 
7 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply. 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N−Number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation. 

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

 
8 

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 
Melissa Maxwell, Realtor, Florence KY- Section 333 Exemption Petition

February 16, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 

C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 

119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, Melissa Maxwell, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the 

procedures contained within 14 C.F.R. 11, to request that I, Melissa Maxwell, an owner and operator of 

small unmanned aircrafts, be exempted from the Federal Aviation Regulations (“FARs”) listed below so 

that I, Melissa Maxwell and my co-pilot; Mark Maxwell, may operate my small ultra-light weight unmanned 

aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”). 

As described herein I, Melissa Maxwell, am a licensed Realtor within the State of Kentucky; experienced 

in flying hobby helicopters for recreational purposes. I have added a hobby grade quad-copter1 UAS to 

my inventory equipped with a HD Camera with intent for aerial videography/ cinematography/ 

photography to enhance academic community awareness for those individuals and companies unfamiliar 

with the geographical layout of the Northern Kentucky/ Greater Cincinnati Tri-State area, and augment 

real estate listing photos/ videos; following exemption and approval by the FAA. Thereby enhancing their 

academic research experience for the Northern Kentucky/ Greater Cincinnati Tri-State area. I also have a 

second GoPro3+ Black camera mounted quad-copter2 in my inventory with comparable safety 

capabilities. 

I have flown small RC electric helicopters for over fifteen (15) years without incident. Committed to safety 

with each flight. My, Melissa Maxwell’s, exemption request would permit operation of ultralight weight, 

unmanned (piloted by remote control with FPV systems) and comparatively inexpensive UAS(s) in tightly 

controlled and limited airspace.3 Predetermined in areas away from general public, airports, heliports and 

vehicular traffic for community videos, and within property boundaries for individual homeowner real 

1 Appendix A – DJI Phantom 2 Vision Plus quad-copter Operator Manual 2 Appendix B – Deviation Walkera Scout X4 quad-copter Operator Manual 3 Appendix C – Northern Kentucky/Greater Cincinnati area 5 mile airport radius maps

Melissa Maxwell, Realtor, Florence KY – Section 333 Exemption Petition Page 1 of 21
Melissa Maxwell, Realtor, Florence KY- Section 333 Exemption Petition

estate listing videos/photos. Currently, similar lightweight, remote controlled UAS's are legally operated by 

unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, Melissa 

Maxwell, have personally instilled safety protocols and controls4 to avoid and prevent public hazard, as 

well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to 

lightweight UAS's specific to real estate video and photography usage as I, Melissa Maxwell, record flight 

data and other information gained through permitted flight operations to share with the FAA through any 

required FAA reports to assist with future protocol and safety regulation.

Granting my, Melissa Maxwell’s, request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace 

system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the 

national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real 

estate/Realtor purposes. Further I, Melissa Maxwell, will conduct my operations in compliance with the 

protocols described herein or as otherwise established by the FAA.

For the reasons stated below I, Melissa Maxwell, respectfully request the grant of an exemption allowing 

me to operate ultra-light weight, remote controlled UAS’s for academic community awareness to 

benefit/stimulate attraction to the Northern Kentucky/ Greater Cincinnati Tri-State area and to enhance 

real estate listing videos/photos for homeowners who cannot afford expensive manned aircraft for the 

same purpose. Both of which will promote local economic growth through increased employment and 

increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing 

combustible fuel that that poses potential public hazard.

I. Contact Information:

Melissa Maxwell, Agent/ Owner

Re/Max Affiliates/ Shilleh Properties, LLC

4895 Houston Road

Florence, KY 41042

Office: (859) 372-8060

Mobile: (859) 512-4444

Email: thisgirlsellshouses@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Melissa 

Maxwell Requests Exemption are:

4 Appendix D – Personal Protocols and Controls

Melissa Maxwell, Realtor, Florence KY – Section 333 Exemption Petition Page 2 of 21

 
Melissa Maxwell, Realtor, Florence KY- Section 333 Exemption Petition

14 CFR 21;

14 C.F.R. 45.23(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).

III. The Extent of relief Melissa Maxwell seeks and the Reason she Seeks Such Relief:

I, Melissa Maxwell, 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, Melissa Maxwell, 

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, Melissa Maxwell’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, Melissa Maxwell. 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, Melissa Maxwell, considers 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. With three modes to 

choose from, I utilize the Phantom/ GPS Mode5 for aerial videography/photography. This is the safest, 

most reliable and stable mode to prevent accident and hazard. When pilot communication is lost UAS is 

5 Phantom/GPS Mode includes safe circle for operation, position hold, self-leveling, altitude command, GPS, return 

to home feature, and failsafe control to return home or land in the event of communication interruption between 

RC transmitter and UAS. See Operator Manuals.

Melissa Maxwell, Realtor, Florence KY – Section 333 Exemption Petition Page 3 of 21

 
Melissa Maxwell, Realtor, Florence KY- Section 333 Exemption Petition

designed slowly descend to point of takeoff. 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 

(Airplanes/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 (15) minutes, with an altitude under four hundred

(400) feet. I, Melissa Maxwell, utilize a fresh fully charged battery with each flight as a safety precaution; 

full flight time limit for each battery is nine (15) to twelve (25) minutes as tested. I do not operate my UAS 

at or below manufacture 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 an 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. I also practice computerized simulated flights to maintain 

adequate skills and response reflex time. All for the sake of safety. I, Melissa Maxwell, am extremely 

cautious when operating of my UAS/ultra-light weight unmanned aircraft and will not “create 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. Melissa 

Maxwell’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 Melissa Maxwell’s Request Will Benefit the Public as A Whole:

Aerial photography/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 photography/videography is cost 

prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such 

expense. Depriving non-luxury homeowners and lower budget Realtors from a valuable marketing tool. 

Manned aircraft pose a threat to the public through potential catastrophic crashes. Each resulting in loss 

of life. Each with combustible fuel that exploded and burned on impact. My, Melissa Maxwell’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 

Melissa Maxwell, Realtor, Florence KY – Section 333 Exemption Petition Page 4 of 21
Melissa Maxwell, Realtor, Florence KY- Section 333 Exemption Petition

into the national airspace system, hence the passing of the Reform Act. Granting my, Melissa Maxwell’s, 

exemption request furthers the public interest through academic/visual awareness of the geographical 

benefits in and around the Northern Kentucky/ Greater Cincinnati Tri-State area. My ultra-light 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, Melissa 

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

request substantially furthers the economic impact for the Northern Kentucky/ Greater Cincinnati Tri-State

community for companies looking to relocate or build in the Northern Kentucky/ Greater Cincinnati TriState 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.

V. Reasons Why Melissa Maxwell’s Exemption Will Not Adversely Affect Safety

Or How the Exemption Will Provide a Level of Safety At Least Equal To Existing

Rule:

My, Melissa Maxwell’s, exemption will not adversely affect safety. Quite the contrary, for the reasons 

stated permitting me, Melissa Maxwell, to log more flight time in FAA controlled airspace, with 

communication with the FAA, 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 NAR6, NKAR7 for

development in cooperation with the FAA. In addition I, Melissa Maxwell, 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 definition (HD) 

camera/ GoPro 3+ Black camera;

• I only operate my UAS below 400 feet8 (well within the 400 foot permissible ceiling set by the 

FAA Modernization and Reform Act of 2012); 

• My UAS only operate for 5-15 minutes per flight; I land my UAS prior to manufacturer 

recommended minimum level of battery power; 

• I pilot my UAS through remote control/FPV only by line of sight;

6 National Association of Realtors, http://www.realtor.org/

7 Northern Kentucky Association of Realtors, http://www.nky.rapmls.com/ 8 DJI Phantom 2 Vision Plus quad-copter altitude ceiling set in Assistant Software (see Operator Manual)

Melissa Maxwell, Realtor, Florence KY – Section 333 Exemption Petition Page 5 of 21

 
Melissa Maxwell, Realtor, Florence KY- Section 333 Exemption Petition

• 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, are 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 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, Melissa Maxwell’s, 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 remarkably astounding, there has beenl incident 

involving 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 

operates 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 images, my 

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

post editing software allowing pan and zoom.

Accordingly, my UAS has been experimentally 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:

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, 

Melissa Maxwell, Realtor, Florence KY – Section 333 Exemption Petition Page 6 of 21
Melissa Maxwell, Realtor, Florence KY- Section 333 Exemption Petition

weight and enclosed operational area of my, Melissa Maxwell’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 of the 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, Melissa Maxwell’s, 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.9 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 me, 

Melissa Maxwell.

B. 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 

9 Appendix E – Safety Flight Manual

Melissa Maxwell, Realtor, Florence KY – Section 333 Exemption Petition Page 7 of 21

 
Melissa Maxwell, Realtor, Florence KY- Section 333 Exemption Petition

“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.

C. 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, Melissa Maxwell, 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, Melissa Maxwell, to operate my UAS meet and exceed current safety levels in 

relation to 14 C.F.R. §61.113 (a) & (b).

D. 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 never operate at an altitude 

greater than 400 AGL; safely below the standard of 400 AGL. I, Melissa Maxwell, 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.

E. 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, Melissa Maxwell’s, 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 

Melissa Maxwell, Realtor, Florence KY – Section 333 Exemption Petition Page 8 of 21
Melissa Maxwell, Realtor, Florence KY- Section 333 Exemption Petition

Part 21 because my, Melissa Maxwell’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 of the 

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, Melissa Maxwell 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, Melissa Maxwell’s, 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 Northern Kentucky/ Greater Cincinnati TriState 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, 

Melissa Maxwell’s, 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, Melissa Maxwell, 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, Melissa Maxwell’s, UAS 

and therefore the likelihood of death or serious bodily injury is significantly diminished. My, Melissa 

Maxwell’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, 

Melissa Maxwell, respectfully request that the FAA grant my exemption request and am willing to 

Melissa Maxwell, Realtor, Florence KY – Section 333 Exemption Petition Page 9 of 21
Melissa Maxwell, Realtor, Florence KY- Section 333 Exemption Petition

cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at 

large.

Respectfully Submitted,

Melissa Maxwell, Agent/ Owner

Re/Max Affiliates/ Shilleh Properties, LLC

4895 Houston Road

Florence, KY 41042

Melissa Maxwell, Realtor, Florence KY – Section 333 Exemption Petition Page 10 of 21

Melissa Maxwell