219 New York Avenue

Smithtown, NY 11787-3416

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, and Title 

14 Chapter 1 Subchapter D parts 60 through 67, specifically 61.1 to 61.429 regarding pilot certification,

please accept this letter to serve as my application for exemption from Federal Aviation Regulations 

(FARs) as identified, to allow commercial operations of small unmanned aerial system (i.e., sUAS).

Petitioner: 

James Welsh

219 New York Avenue

Smithtown, NY 11787

Mobile telephone: (631) 742-0762

Home telephone: (631) 979 9727

email: JAMES.WELSH@CBMOVES.COM

Office address:

Coldwell Banker Residential Brokerage

28 East Main Street,

Smithtown, NY 11787

In addition, I respectfully request the FAA grant exemptions from regulations that address general flight 

rules, pilot certificate requirements, manuals, maintenance, and equipment mandates. 

I believe these requirements are unnecessary and tangential to the issue of pilot controlled drone flight. 

Additionally, current FAA proposals have omitted this as a future requirement in accordance with 

protocols outlined in this petition for exemption, and other requirements established by the FAA 

pursuant to Section 333 of the Reform Act.

This exemption would permit commercial operation to conduct sUAS real estate related photography, 

and videography, and demonstration flights. I will insure any operation granted under the exemption 

will ensure an equivalent level of safety, as required by Section 333.

Please know any photography will be at low altitude (less than 200 feet from the operator) in airspace 

that is permitted in accordance with any exemption granted. Additionally, I will insure constant visual 

contact with the drone, and operate only within daylight hours. I believe this will insure a greater level 

of safety and fulfill the FAA Administrator’s responsibilities under Section 333(c) of the Reform Act to 

“establish requirements for the safe operation of such aircraft systems in the national airspace system.” 

I am a (New York State) licensed Real Estate salesperson, and recently retired U.S. Postal Service 

Postmaster, with over 30 years of federal service, who wishes to enhance my customer’s real estate 

profiles in the marketplace through photography and videography, as well as real estate-related vendors 

(Moving, Title Companies, Fence companies, etc.) and wish to provide this service in a compliant and 

safe environment. 
This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of 

the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA 

Administrator is to consider whether certain unmanned aircraft systems may operate safely in the 

National Airspace ("NAS") before completion of the formal UAS rulemaking, based on the following 

considerations:

• The 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 the visual line of sight of the operator. 

If the Secretary determines 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".

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is in the 

public interest. A party requesting an exemption must explain the reasons why the exemption: (1) would 

benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level 

of safety at least equal to the existing rules).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority, by its terms, includes exempting civil aircraft, as the term is defined under 40101 of the Act, 

from the requirement that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial service: The Administrator 

may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of 

this section or any of sections.

Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 

of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied.

The proposed operations would permit the use of small UAS under controlled conditions in airspace 

that is: (1) predetermined; (2) controlled as to access; and that (3) provides an increased level of safety 

beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose.

As a Real Estate Agent, I will use UASs that are multirotor, weighing less than 25 pounds including 

payload. They will operate, under normal conditions, with the capability to hover, and move in the 

vertical and horizontal plane. As noted, UASs will operate in line of sight, and will only operate within a 

sterile area. 

Given the small size of the sUAS’s involved and the restricted sterile environment within which they will 

operate, this exemption falls within the zone of safety and demonstrate an equivalent level of safety, in 

which Congress desired the FAA to permit commercial UAS operations by exemption pending 

completion of formal rulemaking. Also, due to the size of the sUAS’s and the confined area in which the 

sUAS’s will operate, approval of the application presents no hazard in the NAS.
Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, the granting of the requested exemptions is also in the public interest.

It is my hope to use the sUAS in all areas of real estate-related photography including commercial, 

residential and industrial properties, as well as for ancillary services (Moving, Title, Fence Companies, 

etc.). Using sUAS, real estate professionals, such as myself, can create promotional videos, photos and 

unique shots that normal camera aspects cannot capture. These unique photos/videos allow properties 

to stand out, providing dazzling views that are typically shown via expensive computer animation or 

costly helicopter rentals. The remote platform is great for new planning, zoning and large developments. 

Simple and easy-to-use video and photos allow for multiple height pictures and elevation views.

Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed:

James A. Welsh, Licensed Real Estate Agent, seeks an exemption from the following rules:

14 CFR § 91.103; 14 CFR § 91.113; 14 CFR § 91.119 (c); 14 CFR § 91.121; 14 CFR § 91.151(b); 14 CFR § 

91.405(a), 91.407(a) (1), 91.409(a) (2); 91.417(a) and (b).

Approval of this exemption request allows Mr. Welsh to conduct photography operations with small and 

lightweight unmanned aerial systems. The sUAS, weighing less than 25 pounds and powered by 

batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried 

on board. The sUAS is transported to the designated mission area and set up there. The sUAS will carry 

no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft 

flights.

The operation of this small UAS will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of several 

regulations and allowing commercial operations. These lightweight sUAS’s operate at slow speeds, close 

to the ground, and in a sterile environment. As a result, they are far safer than conventional aerial 

survey and inspection operations conducted with fixed wing aircraft or helicopters.

If additional information is required, or if you have any questions regarding this Petition for Exemption, 

please contact the undersigned at:

James A. Welsh Office: (631) 863-9800

219 New York Avenue Mobile: (631) 742-0762

Smithtown, NY 11787 Email: James.Welsh@CBMoves.com

As the former Postmaster of Smithtown, I believe the requested exemption can be granted to me with 

the knowledge I will execute any and all operations in a safe, respectful, and professional manner. 

For the foregoing reasons, it is requested that the regulatory exemptions requested herein be 

respectfully granted, and the Petitioner be permitted to conduct small UAS operations aforementioned 

purposes.

Sincerely,
James A. Welsh