Kent Factora

Real Estate Tours Oregon LLC

161 NW Adams Ave. Suite 203

Hillsboro, OR 97124

Phone: 503-913-7611

June 20, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey 

Ave., SE Washington, DC 20590

Subject: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from 14 C.F.R. Part 21, 45.27(a), 45.29 (3) 

(c)(d)(e)(f)(g)(h), 61.113 (a) & (b), 91.103, 91.119, 91.121, 91.203, 91.151

Following the format of FAA Exemption No. 11138 -Regulatory Docket No. FAA –

2014 – 0481 I have included:

1) Supplemental Response for Petition 

2) PHANTOM Flying F low Chart V1.0 (Simplified Version), PHANTOM Quick Start 

Manual v1.7, PHANTOM Advanced Manual v.1.4 

3) PHANTOM 2 Vision+ User Manual 

4) Personal protocols and controls – Safety/Flight concerns

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11, I, Kent Factora, a professional photographer and videographer, 

preparing this exemption request myself, would like to apply for an exemption from 

the following Code of Federal Regulations (C.F.R) to be allowed commercial 

operation of lightweight Unmanned Aircraft Systems (sUAS) for aerial imaging and 

video of homes and points of interest for Real Estate Clients.

I have been in video and photo production for 15 years. My video production 

company is called Shaka-Brah Video Productions. I have been in the Real Estate 

industry as a photographer and videographer for 3 years, working for 70 agents in the 

Northwest. I have experience in flying hobby quads for recreational purposes during 

the past 3 years without incident. I currently have a hobby grade DJI Phantom 2 

quad-copter (maximum gross weight 3 pounds, equipped with four rotors that are 

driven by electric motors powered by batteries, the UAS has a maximum airspeed of 

30 knots) to my inventory equipped with a GoPro 4 Black camera with intent for aerial 

videography/cinematography to enhance academic community awareness and 

augment real estate listing videos; following an exemption and approval by the FAA.

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

remote control with a live video monitor feed) in predetermined areas away from 

general public, airports, heliports and vehicular traffic, under 300 ft. and after carefully 

reviewing, inspecting and examining the area of aerial observation. This would allow 

for community videos and within property boundaries for individual homeowner real 

estate listing videos/photos. I will abide all FAA requirements to ensure this 
exemption will provide a level of safety at least equal to existing rules and will only 

operate in a safe environment that is strictly controlled, are away from power lines, 

elevated lights, airports and actively populated areas; and I will conduct extensive 

preflight inspections and protocols, during which safety carries primary importance.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

Given the size, weight, speed, and limited operating area associated with the aircraft 

to be utilized, I am asking exemption from 14CFRpart21,Subpart H(Airworthiness 

Certificates)and§91.203 (a) and (b) (Certifications required),subject to certain 

conditions and limitations, is warranted and meets the requirements for an equivalent 

level of safety under14CFRpart 11 and Section 333 of P.L. 112-95 (Section 333).

14 C.F.R. 45.27(a): Location of marks; non fixed-wing aircraft. 14 C.F.R. 45.29 

(3) (c)(d)(e)(f)(h): Size of Marks

Furthermore I request an exemption from §45.23 Marking of the aircraft because my 

UAS will not have a cabin, cockpit or pilot station on which to mark certain words or 

phrases. Additionally two -inch lettering is difficult to place on such a small aircraft 

with dimensions smaller than the minimal lettering requirement. I understand the 

need for markings and will mark my UAS in the largest possible lettering by placing 

the word “Experimental” or assigned number or name (based on a request or ruling 

by the FAA ) on its fuselage as required by §45.29(f) so that anyone assisting him as 

a spotter will see the markings.

I also ask for an exemption from §§91.405(a),91.407(a)(1), 91.409(a)(2) and 

91.417(a) and(b) Maintenance inspections may be required and should be granted 

since they only apply to aircraft with an airworthiness certificate. But, as a safety 

precaution I will perform a preflight inspection of my UAS before each flight as 

outlined in his operating documents.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in 

command.

Under §61.113 (a) and(b) private pilots are limited to non-commercial operations, 

however I can achieve an equivalent level of safety as achieved by current 

regulations because my UAS does not carry any pilots or passengers. While helpful, 

a pilots’ license will not ensure remote control piloting skills. The risks of operating a 

UAS are far less than the risk levels inherent in the commercial activities outlined in 

14 CFR part61,et seq., I requests an exemption from §61.113 Private Pilot Privileges 

and Limitations. Regarding UAS operational training, as stated previously I have 

three years’ experience flying hundreds of practice flights as a hobbyist simulating 

flights for future commercial use to gain familiarization with the characteristics of his 

UAS’ performance under different temperature and weather conditions. I also 

practiced on a computer simulated flight software to maintain adequate skills and 

response reflex time. 

14 C.F.R. 91.103 (b)(1), (b)(2): Preflight Action

If granted an exemption I agree to additional safety procedures including, but not 

limited

to: 
1) Keeping my UAS within a radius distance of 1000 feet from the controller to both 

aid in direct line of sight visual observation. 

2) Operate the UASfor3-7 minutes per flight; land my UAS according to the

manufacturer’s recommended minimum level of battery power. 

3) Operate my UAS only within visual line of sight (VLOS). 

4) Use the UAS’ global positioning system(GPS) flight safety feature; it hovers and 

then slowly lands if communication with the remote control. 

5) Conduct all operations under my own personal and flight safety protocols

(including posting a warning sign reading: “Attention Aerial Photography in

Progress –Remain Back 150 feet”). 

6) I will operate and will actively analyze flight data and other sources of information 

to constantly update and enhance my safety protocols. 

7) Contact respective airports if operations will be within 5 miles to advise them of 

estimated flight time, flight duration, elevation of flight and other pertinent

information. 

8) Always obtain all necessary permissions prior to operation. 

9) Have procedures in place to abort flights in the event of safety breaches or

potential danger.

Aerial videography for geographical awareness of real estate marketing has been 

around for a long time through manned fixed winged aircraft and helicopters, but for 

small business owners, its expense has been cost-prohibitive. Granting this 

exemption would allow me to provide this service at a much lower cost. Further, my 

small UAS, when used properly, will pose no threat to the public given its small size 

and lack of combustible fuel when compared to larger manned aircraft. The agents I 

am working for see this as a necessity to market many of their listings. I want to meet 

the needs of my clients with the confidence that I am under the protection of the FAA 

guidelines.

One final comment, the use of a UAS has already proven to increase the 

marketability of a home. For example please review the article published January 7, 

2015 in the San Diego source entitled “drone use in real estate may increase”, (also 

added as an attachment). The article cites the FAA’s exemption given to Douglas 

Trudeau, but also describes a record high price for an area home that used a drone 

for aerial photography. “When broker Kurt Wannebo added an aerial video to the 

listing for a Carmel Valley house, located on a large corner lot overlooking canyons 

on two sides, he saw Web traffic noticeably increase.” I understand this may be 

outside the scope of this request but as a real estate agent I think it’s important to 

point out that the use of any tool that increases value to a home or community (by 

adding visibility to more potential buyers) is in the best interest of homeowners 

nationwide. Selling a home faster and for more money because of the use of new 

technology (being safely used and approved by the FAA) will go a long way to ensure 

our economy continues to grow.

Sincerely,

Kent Factora

Real Estate Tours Oregon