June 5, 2015

Exemption No. 11747

Regulatory Docket No. FAA–2015–0873

Mr. Jason Sanko

Broker and Co-Founder

The Dwell Realty Group, LLC

201 Shannon Oaks Circle, Suite 101

Cary, NC 27511

Dear Mr. Sanko:

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.

By letter dated February, 18 2015, you petitioned the Federal Aviation Administration (FAA) 

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

conduct aerial photography, videography, and cinematography to enhance 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.

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 
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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 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 collection1. 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.

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, Jason Sanko 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.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Jason Sanko 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 

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. 
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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.

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 
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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 

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 
6

(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.

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.
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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.

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

John S. Duncan

Director, Flight Standards Service

Enclosures
Jason Sanko, Realtor®, Cary NC - Section 333 Exemption Petition

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Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

February, 18 2015

U. S. Department of Transportation 

Docket Operations

West Building Ground Floor, Room 

w12-140

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, Jason Sanko, 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, Jason Sanko,

an owner and operator of small unmanned aircraft, be exempted from the Federal

Aviation Regulations (“FARs”) listed below so that I, Jason Sanko, may operate my

small ultralight weight unmanned aircraft system (“UAS”) commercially in airspace 

regulated by the Federal Aviation Administration (“FAA”).

As described herein I, Jason Sanko, am a licensed Realtor within the State of North 

Carolina (license # 271265); experienced in flying hobby helicopters for recreational 

purposes. I currently have a UDI U818A 2.4GHz 4 CH 6 Axis Gyro RC Quad-copter with 

Camera RTF Mode 2. However, I will be flying a DJI Phantom II Vision Plus for the 

purpose of aerial photography, videography/cinematography to enhance real estate

listings; following exemption and approval by the FAA. While not required to operate, I 

requested and have invited by a greater Raleigh NC DJI Phantom II Vision Plus reseller 

/ instructor, to an in depth pilot training. This is one additional step that illustrates my 

commitment to be specifically proficient with the very manufacturer and model I intend 

to fly for the purpose of my real estate marketing business. I’ve included a hyperlink to 

the DJI Phantom II Vision Plus user manual below in appendix B9.

I have flown small RC electric helicopters recreationally for approximately 3 years

without incident. Additionally I grew up with my father who was an experienced private 

pilot; instilling in me early on to respect the rules and regulations of aviation as governed 

by the FAA. I too have accrued 100+ hours of flight time in a Cessna 152, 172 and a 

high performance Mooney M20F with 201 mods. I’m highly sensitive and respectful of 

the FAA and its commitment to safety and I share the same values. My, Jason Sanko's, 

exemption request would permit operation of ultralight weight, unmanned (piloted by 

remote control) and comparatively inexpensive UAS(s) in tightly controlled and limited

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

vehicular traffic within property boundaries for individual homeowner real estate listing

1 Appendix A – U818A quad-copter Operator Manual hyperlink

2 Appendix B – DJI Phantom II Vision + User Manual hyperlink

3 Appendix C - RDU 5 mile “drone no fly zone” airport radius hyperlink
Jason Sanko, Realtor®, Cary NC - Section 333 Exemption Petition

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Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

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, Jason Sanko, 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, Jason Sanko, 

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, Jason Sanko’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, Jason Sanko, will conduct my operations in compliance with the protocols described 

herein or as otherwise established by the FAA.

For the reasons stated below I, Jason Sanko, respectfully request the grant of an 

exemption allowing me to operate ultralight weight, remote controlled UAS’s to enhance 

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

for the same purpose. Hence promoting local economic growth through increased 

employment and increased tax base. Always with public safety in mind by keeping 

heavier manned aircraft containing combustible fuel that that poses potential public

hazard.

I. Contact Information:

Jason Sanko Broker and Co-Founder

The Dwell Realty Group, LLC

201 Shannon Oaks Circle, Suite 101

Cary, NC 27511

Office: (919) 882-3200

Mobile: (919) 443-9080

Email: JasonSanko@DwellTriangle.com

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

Which Jason Sanko Requests Exemption are:

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).

4 Appendix D - Personal Protocols and Controls
Jason Sanko, Realtor®, Cary NC - Section 333 Exemption Petition

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Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

III. The Extent of relief Jason Sanko seeks and the Reason He Seeks Such 

Relief:

I, Jason Sanko, 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, Jason Sanko, 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, Jason Sanko’s, ultralight weight UAS 

meets the definition of “small unmanned aircraft” as defined in Section 331 and 

therefore the integration of my ultralight weight UAS is expressly contemplated by the 

Reform Act. I would like to operate my ultralight 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, Jason Sanko. 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, Jason Sanko, consider safety of paramount importance with each flight. The Phantom 

II Vision Plus unmanned aircraft is designed to hover in place via GPS and operate in 

wind up to 25 mph. For safety, stability and fear of financial loss I will not fly in winds

exceeding 15 mph. The Phantom II Vision Plus is feature rich including multiple safety 

features including (please click on this hyperlink) Radar Positioning & Return Home, 

Programmable Way Points and No Fly Zone firmware to name a few. I’ve also included 

various (please click on this hyperlink) videos that demonstrate the Phantom II Vision 

Plus capabilities. I’m also researching (please click on this hyperlink) Epson Moverio 

BT-200 glasses to further enhance flight safety also with unimpeded, direct line of sight 

views for the operator. When pilot communication is lost UAS is designed to slowly and 

automatically descend to point of takeoff. I do not and will not operate my UAS within a 

5 mile radius of 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

(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 five (5) to ten (10) minutes, but no more than twenty (20) minutes with an

altitude under one hundred fifty (150) feet. I, Jason
Jason Sanko, Realtor®, Cary NC - Section 333 Exemption Petition

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Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

Sanko, utilize a fresh fully charged battery with each flight as a safety precaution; full 

flight time limit for each battery is twenty-five (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 characteristics specific to UAS's performances 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, Jason Sanko, am extremely cautious when operating of my UAS/ultralight 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. 

Jason Sanko’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 Jason Sanko’s Request Will Benefit the Public As A Whole:

Aerial photography and videography 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 videography

is cost prohibitive. Only large companies and high end Realtors or luxury 

homeowners can afford to absorb such expenses. Hence 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. My, Jason Sanko's,

UAS pose no such threat since size and lack of combustible fuel alleviates potential 

threats to the public.

Congress has already proclaimed that it is in the public’s interest to integrate 

commercially flown UAS's into the national airspace system, hence the passing of the 

Reform Act. Granting my, Jason Sanko’s, exemption request opens possibilities to 

further the public interest through academic/visual awareness of the geographical 

benefits in and around the metro Raleigh area. I intend to become a steward in my 

respected market demonstrating the proper way to operate a UAS for real estate 

marketing purposes. My ultralight weight UAS is battery powered and creates no 

emissions that can harm the environment. The consequence of my ultralight 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.
Jason Sanko, Realtor®, Cary NC - Section 333 Exemption Petition

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Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

The public’s interest is furthered by minimizing ecological and crash threat by permitting 

aerial video/photo capture through my battery operated ultralight weight UAS's. 

Permitting me, Jason Sanko, to immediately fly within national air space furthers 

economic growth. Granting my exemption request substantially furthers the economic 

impact for individuals looking to relocate for career advancement through academic

and geographical awareness.

V. Reasons Why Jason Sanko’s Exemption Will Not Adversely Affect Safety Or 

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

Rule:

My, Jason Sanko’s, exemption will not adversely affect safety. Quite the contrary, for

the reasons stated permitting me, Jason Sanko, 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, AAR7, and TAR8for 

development in cooperation with the FAA. In addition I, Jason Sanko, submit the

following representations of enhancements to current aerial videography and 

photography for real estate:

My UAS weighs 1242g (including battery and propellers) with a small ultralight 

weight high quality integrated camera;

I only operate my UAS below 200 feet9(well within the 400 foot permissible 

ceiling set by the FAA Modernization and Reform Act of 2012);

My UAS will only operate no more than 20 minutes per flight;

I land my UAS prior to manufacturer recommended minimum level of battery 

power;

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

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 obtains all necessary permissions prior to operation; and,

I have procedures in place to abort flights in the event of safety breaches or 

potential danger.

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

7 North Carolina Association of Realtors, http://www.aaronline.com/

8 Raleigh Association of Realtors, http://www.tarmls.com/

9 DJI Phantom II Vision + (see Appendix B User Manual)
Jason Sanko, Realtor®, Cary NC - Section 333 Exemption Petition

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Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

My, Jason Sanko’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, it is far safer to operate a battery powered

ultralight weight UAS.

First, the potential loss of life is diminished because UAS's carry no people on 

board and I only operate 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, weight and enclosed operational area of my, Jason Sanko’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, Jason Sanko’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
Jason Sanko, Realtor®, Cary NC - Section 333 Exemption Petition

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Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

safety/flight manual delineating areas of where safety can be defined.10 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, Jason Sanko.

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, twoinch 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 “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, Jason Sanko, 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, Jason 

Sanko, 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 200 AGL; safely below the standard of 400 AGL. I, 

Jason Sanko, 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.

10 Appendix E - Safety/FlightManual
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Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

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, Jason Sanko'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 Part 21 because my, 

Jason Sanko’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, Jason Sanko 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, Jason 

Sanko'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 metro Raleigh

area. Currently, area awareness and real estate aerial videography/photography relies 

primarily on the use of larger aircraft running on combustible fuel. Therefore posing 

potential risk to the public. Granting my, Jason Sanko’s, request for exemption will 

reduce current risk levels and thereby enhance safety. My UAS craft do not contain

potentially
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Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

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, Jason Sanko, 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, Jason Sanko’s, UAS and 

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

Jason Sanko’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, Jason Sanko, respectfully request that the

FAA grant my exemption request and am willing to cooperate in sharing information to

benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully submitted,

Jason Sanko, Broker and Co-Founder

The Dwell Realty Group, LLC

201 Shannon Oaks Circle, Suite 101

Cary, NC 27511
Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

Appendix A

U818A 

(Please click on hyperlink below)

Operator Manual

Appendix B

DJI Phantom II Vision+

(Please click on hyperlink below)

User Manual
Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

Appendix

C

(Please click on the link below)

Five Mile Radius 

around RDU airport

Raleigh, North 

Carolina
Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

Appendix D

Jason Sanko Personal Protocols

and Controls
Jason Sanko, Realtor®, The Dwell Realty Group, LLC, Cary, NC

Protocols and Controls

Aerial Community and Real Estate Videos

Safety for public on the ground as well as manned aircraft above is an essential and utmost 

consideration for aerial videos and photography. As such, safety protocols and controls must be 

implemented through pre-flight preparation and during flight.

Pre-Flight Protocol:

Check batteries with voltage meter to insure fully charged and ready foruse. 

Inspect batteries for damage or leakage that may affect proper operation.

Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or 

unmanageable/uncontrolled flight.

Check weather forecasts for wind advisory or other conditions that my impactflight. 

Consult five (5) mile radius map for airport vicinity.

o Contact respective airport to advise of estimated flight time, estimated flight duration, 

estimated elevation of flight, and any other pertinent information.

Inspect flight area for

o vicinity of public safety helipads/heliports

o vicinity of medical helipads/heliports

o vicinity of light poles 

o vicinity or utility wires 

o vicinity of trees

o flocks of birds that may cause interference and potential flight impact

o vicinity of any elevated obstructions that may pose potential flighthazard 

o vicinity of roadways with moderate to heavy traffic that can be distracted 

o public gatherings that may attract viewers

o optional point of control for best visual site of UAS while inflight 

Takeoff and landing

o inspect area for best and safest point of takeoff and landing

o if in a subdivision or area that is within 150 feet of a residential street, post warning 

sign(s)/stand(s) "Attention Aerial Photography In Progress - Remain Back 150 Feet "

Flight Protocol:

Takeoff and land from same location

Remain alert to birds, sound or aircraft, curious public, and approaching vehicles 

Do not allow anyone to engage in conversation or distract the remote controlpilot 

Restrict flight to minimal elevation sufficient to acquire desiredresults

Remained prepared for emergency landing at alltimes 

Pay attention to flight time

o If possible set a timer as a safety alert

Land UAS and shut down propulsion immediately following landing
Jason Sanko, Realtor®, The Dwell Realty Group, LLC, Cary, NC

Protocols and Controls

Aerial Community and Real Estate Videos

Post flight:

a. disconnect battery to prevent accidental activation of propulsion system

b. secure UAS in a safe location

c. remove all warning signs from public access areas

Emergency or Suspected Hazard:

Immediate land UAS at safest and closet ground location in theevent

o manned aircraft is heard or seen in vicinity offlight

o there is a public gathering within established safety boundary wanting to observe flight

o pilot is being distracted from focusing on flight and safety

o sudden change in weather (wind bursts)

o sudden increase in vehicular traffic in vicinity offlight

o birds enter into proximity of flight

o any sudden unsafe event that can cause collision, distraction or interruption of control

o always have a first aid kit on hand
Jason Sanko, Realtor®, Cary NC - Section 333 ExemptionPetition

Appendix E

Jason Sanko 

Safety/Flight Manual
Jason Sanko, Realtor®, The Dwell Realty Group, LLC, Cary NC Page 1

Safety Flight Manual

Aerial Community and Real Estate Videos

Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial videos and photography. 

Maintaining a record of safe flight for FAA request and for determining future UAS safety protocols is imperative.

Date: Location:

Pre-flight Inspection: Yes No Comment:

Elements (circle) (circle) Comment

Weather Good Fair

Visibility Good Fair

Wind Speed Low Medium

Nearest major intersection:

Proximity to medium traffic road:

Proximity to heavily traveled roadway road:

Proximity to congested population:

Approx. Takeoff Time

Approx. Landing Time

Estimated Elevation

Safety Concerns:

Additional Comments:

Unedited flight video/photos available for FAA upon written request within 180 days of flight: Yes No

Proximity to airport: (see attached map pinpointing approximate location of flight) 

Airport notified Yes No Date: Time:

Phone Number: Contact Name: