U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE., Washington DC 20590

Dear Sir or Madam:

J. Michael Tate (private pilot, single engine land, cert # 3712268) dba AirVue hereby applies for 

an exemption from the listed Federal Aviation Regulations and any other rules necessary to 

allow operation of a small hobby-sized (approximately 5 lbs.) unmanned aircraft (UAS) in order 

to produce aerial video of marketed real estate at a height of 400 feet or less. The purpose of 

using the UAS is to gather video documentation of selected marketed real estate in order to 

safely provide interested parties additional information about a selected property here-to-for

unattainable before purchase. Video will safely show interested clients properties 

vegetation/obstructions, boundaries, roof problems, overall curb appeal, water/stream issues, 

general information on topography, and a sense of where the property sits in relations to roads, 

traffic, and construction. Judicious use of the UAS will greatly assist prospective buyers in 

selecting property while posing no safety or privacy threat to the general public, the 

participating inspection parties, or non-participating parties. 

This request is similar to previous Grants of Exemption Nos 11062, 11109, 11112 and 111213 

where the exemption was granted in the public interest.

1. J. Michael Tate dba AirVue

 200 Christina Lane

 Kingsland, GA 31548

 FAX (912) 882 7514

 Phone (912) 322 2598

 Email: tatej@tds.net

2. The specific section or sections of 14 CFR from which you seek an exemption:

Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the Federal Aviation 

Regulations, Seeking Exemption from 14 C.F.R. Part 21 Subpart H; 14 C.F.R. & 45.23(b); 14 

C.F.R. & 45.27; 14 C.F.R. && 61.113(a) and (b); 14 C.F.R. & 91.119(c); 14 C.F.R. & 91.121; 14 

C.F.R. & 91.151(a); 14 C.F.R. & 91.405(a); 14 C.F.R & 91.407(a)(1); 14 C.F.R. &&91.409(a)(1) and 

(2); 14 C.F.R. && 91.417 (a) and (b).

3. The extent of relief you seek and the reason you seek relief:

J. Michael Tate dba AirVue am requests relief and exemption from listed Federal Aviation 

Regulations and any other applicable rules in order to all of the use of a small unmanned 

aircraft system (UAS as defined by the US Congress in Section 331, PL 112-95, 2014; “6) SMALL 

UNMANNED AIRCRAFT. The term “small unmanned aircraft” means an unmanned aircraft 

weighing less than 55 pounds. “to conduct unmanned reconnaissance of specific properties to 
provide additional information to prospective buyers regarding their proposed purchase. The 

UAS will fly no higher than 400 feet above a selected property and will not infringe on the 

property rights of adjacent or nearby properties. The UAS will remain inside the selected 

property and public by ways. All commercial UAS flights will be scheduled with the 

owner/representative and a signed document will be required for flight/photography. Every 

day thousands of properties are bought and sold with improper regard to topography 

(especially important in lowlands in SE Georgia). UAS flights will provide prospective owner 

with close-up roof inspection, hidden flaws in design, or outright damage unavailable from the 

ground. UAS flights reveal the character of the selected property with regard to other general 

property in the area thus providing the prospective buyer with otherwise unattainable 

information (short of more dangerous manned aircraft flight). UAS flight might reveal unseen 

and unsightly industrial blight just out of sight of selected property that would be 

otherwise/unlikely attainable. UAS flight will reveal the selected property against a backdrop of 

where it (home or business) sits on the property and how it “fits in” to natural vegetation or 

topography. UAS would provide the platform for pictures/video on properties where dense 

underbrush or other dangerous obstacles might be detrimental to the health and safety of the 

investigating individual. In short, the use of a UAS would eliminate the risk of photographers 

who attempt to capture high resolution pictures of particular conditions surrounding a selected 

property.

4. How your request would benefit the public as a whole:

 a. Safety of real estate personnel is a paramount consideration. Persons attempting to gain 

high-resolution video/pictures are at risk of injury by attempting to capture images outside 

their safety zone. i.e. Pictures of risky marsh land or swamps. Pictures requiring additional

elevation to gain perspective. Pictures of roofs, porches, lakes, docks or vegetation relevant to 

the sale of the property. Pictures involving open water settings requiring boats/docks. The 

easy production of otherwise risky photography minimizes impacts on the general public.

 b. High resolution video/photography from UAS can be instantly transmitted to interested 

parties for immediate resolution of pre-purchase questions thus simplifying and shortening the 

decision making process for everyone. Conflict resolution could be minimized for the general 

public.

 c. Aerial photography can be accomplished quickly and easily with little or no impact on the 

surrounding neighborhood. Modern UAS utilizes sufficiently quiet motors that unless nearby 

and outside, the general population would be unaware of activity. Given the amount of data 

that can be captured in under 12 minutes, UAS offers immense advantage to conventional data 

collection at minimal interference or inconvenience to the general public.

 d. Given the history of buying and selling properties in the United States, UAS will ultimately 

benefit a large proportion of the general public. As technology advances, the ability of UAS to 

enhance the buying and selling of property will touch everyone. The real estate market 

benefits daily from new technology. UAS of every property will ultimately be as common as 
photos from inside the house. The general population will benefit from these advances by 

having greater knowledge before the sale and a clearer understanding of what they are buying.

 e. UAS could serve as the ultimate guarantor when property is destroyed by disaster. 

Insurance agencies could have the necessary proof of condition of a property...pre-disaster. 

Claims could be resolved quicker and recovery could be accomplished quicker. An elevated 

before and after photo of a demolished roof could be resolved immediately given sufficient 

high resolution proof.

5. Reasons why the exemption would not adversely affect safety, or how the exemption would 

provide a level of safety at least equal to the existing rule.

Safety would be the prime motivating factor. If the mission to gather information for 

prospective real estate buyers and sellers cannot be accomplished safely then the mission must 

be aborted. Realizing that while new technological implementation cannot be adopted with 

absolutely no risk, given the below protocols, the implementation of UAS for the Realty/Surety

market can be accomplished with minimal risk and would be safer than existing methods for 

procuring high resolution video/images suitable for public use.

 a. The UAS would be operated only by me, James Michael Tate, a private pilot, certificate 

number 3712268 issued 10 August 2013. I am fully certified to own and operate a single engine 

land aircraft. I have a comprehensive knowledge of aviation requirements including airspace 

restrictions, checklists requirements, and meteorological conditions required to flight. I am 

fully prepared to exercise mandatory safety policies with regard to the safe operation of UAS.

 b. All operations will utilize a visual observer in addition to pilot-in-command (PIC).

 c. The visual observer and PIC will be in constant verbal contact at all times during flight 

operations. 

 d. As PIC, I will wear a high visibility safety vest identifying me as the pilot of the UAS.

 e. Height limitations will be enabled on the UAS to limit the aircraft from ascending higher 

than 400 feet on any occasion. Though unlikely to occur, special altitude consideration will be 

considered in areas of airfield departure/arrival. In these extremely limited cases considered 

near airports, the airport FBO will be contacted for a go/no go flight. No flights will occur on 

airfield property.

 f. Property owners will sign a consent form prior to UAS operations. Non-participating 

persons will not be allowed vulnerable inside property confines during the flight.

 g. The UAS will not fly near obstructions to flight. i.e. in-flight aircraft , road traffic, power 

lines, towers (or guywire).
 h. The UAS will always be in line of site with the PIC and the visual observer. Over the 

ground speed will be limited due to the nature of the mission (video/still images). All flights will 

be in accordance with manufacturers specifications with all flights carefully choreographed

beforehand from beginning to end.

 i. The UAS will be less than 5 lbs and will not exceed ground speeds of 30 knots.

 j. The UAS will not carry any explosive material or flammable liquids.

 k. Each UAS flight will end at 20 minutes or less or when the battery indicates 25% remaining 

time (whichever occurs first).

 l. The UAS flight will be preceded by an in-depth pre-flight checklist and follow all 

manufacturer protocols. Manufacturer manual will always be readily available and the 

operation manual will be strictly adhered to.

 m. A logbook will be maintained for each flight including the duration, location, and 

anomalies for the flight.

 n. A take-off and landing zone will be designated prior to each flight sufficiently removed 

from obstructions in order to obtain stable flight during critical operations.

 o. Radio frequencies will comply with the FCC.

 p. The UAS will have J. Michael Tate dba AirVue contact information and the federal 

exemption number prominently displayed.

 q. UAS flights will be conducted during daylight hours under visual meteorological 

conditions. i.e. not operated less than 500 feet below a cloud, less than 2000 feet horizontally 

from a cloud, or less than 3 miles visibility.

 r. J. Michael Tate dba AirVue will maintain a $1,000,000 liability insurance policy while 

operating the UAS.

 s. In accordance with the manufacturer’s operating manual, UAS the PIC will perform 

extensive pre-flight checks prior to each flight to ensure the UAS is functioning properly. In the 

event that the UAS fails flight check, the UAS will be grounded until it complies with 

manufacturer specifications and deemed safe to fly.

 t. The UAS will have a flight termination option and an automatic return to preselected 

landing zone should communications be lost.

These safety protocols exceed the FAA safety rules published in the Model Aircraft Operations 

Limits in the FAA Modernization and Reform Act of 2012.
6. A summary we can publish in the Federal Register stating –

 a. The rule from which you seek the exemption: and

 b. A brief description of the exemption you seek.

J. Michael Tate dba AirVue is seeking exemption from:

Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the Federal Aviation 

Regulations, Seeking Exemption from 14 C.F.R. Part 21 Subpart H; 14 C.F.R. & 45.23(b); 14 

C.F.R. & 45.27; 14 C.F.R. && 61.113(a) and (b); 14 C.F.R. & 91.119(c); 14 C.F.R. & 91.121; 14 

C.F.R. & 91.151(a); 14 C.F.R. & 91.405(a); 14 C.F.R & 91.407(a)(1); 14 C.F.R. &&91.409(a)(1) and 

(2); 14 C.F.R. && 91.417 (a) and (b).

A brief description of the exemption I seek is as follows:

I seek exemption from the above listed rules. I will adhere to much more stringent safety 

measures previously described by the Model Aircraft Operations Limits according to the FAA 

Modernization and Reform Act of 2012. Many, if not most, of the rules don’t apply to the UAS 

since no pilot or passengers can be carried and the UAS to be used is 5 lbs or less. The UAS will 

not carry flammable liquid fuels or explosive material since it is powered by batteries. The small 

size and limited carry capacity of the UAS I desire limits its purpose primarily to functions such 

as carrying a light weight camera for short flights of 20 minutes or less. This camera capacity is 

the sole function that I seek to obtain. I propose to utilize the camera function to augment the 

Real Estate Market by providing high resolution video and still photography of marketed 

properties. These still shots and video are invaluable for the purchaser of real estate since they 

provide additional information to the buyer that would here-to-fore not have been available 

except perhaps by manned aircraft with exceptional telephoto lenses. The UAS technology 

with its ability to quickly, easily, and safely fill this void is, in many occasions, near priceless for 

potential buyers. Given the safety parameters limiting its use (i.e qualified operator, a visual 

observer, line of site operations, altitude limitations, designated take off and landing area, 

return home function in the event of communications loss, speed restrictions, short duration of 

flight, light weight, no flammables, and other restrictions I have delineated) this new 

technology will provide otherwise unattainable product and prove to be safer than any other 

known information gathering method available today.

This exemption request is similar to the previously granted exemptions 11062, 11109, 11112 

and 11213where the exemption was granted in the public interest.

7. Any additional information, views, or arguments available to support your request.

Flight platform is based on the accepted industry standard DJI Inspire 1, model FC350 

supporting a high resolution camera providing 4K video and 12 megapixel resolution. A full 

description and specification can be found at WWW.dji.com/product/inspire/spec. 
8. If you want to exercise the privileges of your exemption outside the U.S., you must state the 

reason.

I do not wish to exercise the privilege of my exemption outside the U.S.

Respectfully submitted,

J. Michael Tate

Dba AirVue

200 Christina Lane

Kingsland, GA 31548

Phone 912 882 7514

Cell 912 322 2598

Fax 912 882 7514

Email tatej@tds.net