Drone Photography Experts 

Office: {281} 704-0679 

October 20, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue SE 

Washington, DC 20590 

Dear Madam or Sir: 

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Please accept this letter as Drone Photography Experts petition for exemption pursuant to 

Section 333 ofthe FAAModernization and Reform Act 2012 and 14 C.F.R. Part 11. 

Drone Photography Experts, operator of small Unmanned Aircraft Systems (sUAS) 

equipped to perform aerial photography and videography, hereby applies for an exemption 

from the listed Federal Aviation Regulations to allow commercial operations of its sUAS as 

long as such operations are conducted within the conditions established and outlined by 

the FAA as required by Section 333.1. The exemption requested would allow the operation 

of unmanned sUAS under conditions in airspace that are limited, predetermined and 

controlled. 

Founded in 2005, Drone Photography Experts is a video production company specializing in 

videography and photography for corporate, industrial I commercial construction, real 

estate, and special events clients. Drone Photography Experts owner Perry Smith has been 

flying radio-controlled model aircrafts for over 20 years. 

Drone Photography Experts plans to utilize the capabilities of the sUAS for a number of 

services including: 

• Aerial photography I videography for Corporate, Industrial I Commercial 

Construction 

• Real Estate photography I videography 
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• Special Event and Private Sector photography I videography 

The name and address of the applicant is: 

Drone Photography Experts 

Attn: Perry Smith 

12402 FM 3436 Road Dickinson, Texas 77539 

Phone: {281) 704-0679 

Email: circlebars@yahoo.com 

Statutory Authority Section 333, titled "Special Rules for Certain Unmanned Aircraft 

Systems", provides a mechanism for seeking expedited FAA authorization of safe civil UAS 

operations in the NAS. Section 333{a) states that the FAA "shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before 

completion ofthe (comprehensive) plan and rulemaking required by section 332{b) {1) of 

this Act or the guidance required by section 334 of this Act." In Section 332{b) {1), Congress 

made it clear that Section 333 provides a mechanism for "expedited operation 

authorization" if several factors are met. Drone Photography Experts meets all 

requirements to permit FAA approval of commercial UASoperations. 

The Petitioner Requests Relief From the Following: Regulations from which the exemption 

is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 {b) 

14 C.F.R. 61.113{a) and (b) 14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 {b) {2) 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121Page 3 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203 {a) & {b) 14 C.F.R. 91.205 {b) 

14 C.F.R. 91.215 

14 C.F.R. {91.401- 91.417) 

The purpose of this petition for exemption is to enable Drone Photography Experts to 

operate a DJI Phantom 3 Professional and/or Ehang Ghost Aerial Plus+ {UAS). 

Please refer to the included DJI Phantom 3 Professional Instruction Manual for the 

performance limitations and flight operations. (http://download.djiinnovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual vl 
.0 en.pdf) 

Please refer to the included DJI Phantom 3 Professional Specifications. 

(http://www.dji.com/product/phantom-3/spec) 

Please refer to the included Ehang Ghost Aerial Plus+ Instruction Manual & Specifications 

for the performance limitations and flight operations. 

(http://www.ehang.com/en/dl/instructions/userGuide.pdf) 

A pre-flight inspection will be performed by the pilot in command in accordance with the 

factory instruction manual. An added step will be the inspection ofthe propellers. A 

propeller will be replaced if it has any nicks and cracks with a manufacturers authorized 

propeller. 

The sUAS will be maintained in accordance with the manufacturer's instruction manual and 

only manufacturer's authorized replacement parts will be used. 

FCC Information: 

The remote controller used for the sUAS complies with part 15 of the FCC rules. Operation 

is subject to the following two conditions: 

(1) This device may not cause harmful interference, and (2) this device must accept any 

interference received, including interference that may cause undesired operation. 

The C1 radio transmitter used for controlling the sUAS is wireless technology, which has 

been tested and found to be compliant with the applicable regulations governing a radio 

transmitter in the 2.400GHz to 2.483GHz frequency range. 

When operating our remote controller, the pilot in command will maintain a separation 

distance of at least 5 em between his body (excluding fingers, hands, wrists, ankles and 

feet) and the antenna to meet RF exposure safety requirements as determined by FCC 

regulations. 

Pilot in Command and Observer Qualifications and Duties: 

The pilot in command will maintain at least an Airline Transport Certificate and a current 

Texas Driver's License, plus at least 2 hours flying time and 3 takeoffs and landings within 

30 days in the type of UAS utilized in operations. The pilot in command will also have at 

least 100 hours total time and at least 30 hours flying Radio Controlled Model Aircraft of 

which will be 10 hours flyingsUASs. 

The pilot in command is responsible for the safe and efficient operation of the aircraft. 

Specific duties include all preflight preparation, in flight operation, post flight 

requirements, all procedures including but not limitedto: 
• Safe in flight operations 

• Risk Mitigation to Persons and property Airfield Suitability 

The visual observer (VO), if used must have the visual acuity to observe the sUAV and be 

able to communicate clearly with the pilot in command. The observer's duties include: 

Warning the pilot of any impending obstacles in the flight path of the sUAS. Warning the 

pilot of any deviations in the planned flight path of the sUAS. Warning the pilot should any 

unauthorized personnel appear in the area of the planned flight. The observer will have the 

authority to order the pilot to terminate the flight should he feel the flight cannot be 

conducted safely. 

General Operating Standards: 

• Drone Photography Experts will only operate its sUAS in line of sight of a pilot and/or 

observer and will operate at sites that are a 'sufficient distance' from populated areas. 

Such operations will insure that the sUAS will "not create a hazard to usersofthe national 

airspace system or the public." 

• Before an operation of a sUAV within 5NM of an airport with a control tower, the control 

tower will be called to gain permission to operate the sUAS. The PIC will give the position, 

altitude and the times the sUAV will be operated. The sUAS will not be operated at an 

altitude of over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000-foot 

ceiling. 

Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators will 

be notified and the pilot in command will give the right of way to avoid flying in the 

proximity of full-scale aircraft. At no time will the sUAV be operated within the final 

approach course and the takeoff course of any runway. The sUAV will not be operated at 

an altitude of over 150 feet AGL. Weather minimums will be 3 miles visibility and a 1000-

foot ceiling. 

• Maximum flight time for each operational flight will be 20 minutes. 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 20-

minute limit. 

• The sUAV will be programmed so that it will not be operated at an altitude of no more 

than 400 feet AGL, and not more than 200 feet above an elevated platform from which 

filming is planned. 

• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload 

(i.e. camera, lens, and gimbals). 
• The sUAV will operate at speeds of no more than 31 knots (no wind), can hover, and can 

simultaneously move vertically and horizontally. 

• Given the small size ofthe sUAV and the restricted sterile environment within which they 

will operate, our sUAV operations adhere to the Reform Act's safety requirements. 

The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel, it operates at lower altitudes with no people on board 

and will thereby reduce current risk levels and thereby enhance safety and diminish the 

likelihood of death or serious bodily injury. With a small payload and maximum flighttime 

of only 23 minutes, this offers little or no riskto national security. 

Low level oblique photos and video from several angles are far more effective than ground 

based imagery for displaying the characteristics of large, complex properties with several 

buildings and large trees. The applicants in the past have chartered 2- seat full-sized 

helicopters for this purpose, which has proven more costly than many potential clients 

have been able to afford. The benefits of reduced cost and improved quality of 

presentation from the UA will be valuable to and benefit many buyers and sellers of real 

property. 

Additionally, we request that we be allowed to use our UAV's to benefit first responders 

nearby who might require assistance, including fire fighters, the police, the sheriff, et al., 

while remaining subject to all limitations cited in this application as we do so. 

(a) No flight will be made with a Gross weight exceeding 55 pounds; 

(b) All operations must occur in FAA Class G airspace at no more than 400ft AGL; at an 

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; 

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

(d) Operations will be restricted to flights over private property with the permission ofthe 

property owner; 

(e) All required permits will be obtained from state and local government priorto 

operation; 

(t) Drone Photography Experts will not be operated over densely populated areas; 

(g) Drone Photography Experts will not be operating over any open-air assembly of 

people; 
These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can 

be placed, and may not have a registration number assigned to it by the FAA. We propose 

to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the 

placard on the top ofthe aircraft, as shown above, where the PIC (Pilot In Control), VO 

(Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch 

will be able to see the designation. Additionally, we feel that the permanent placard 

discussed in the previous paragraph will provide the aircraft's registration information at 

the ground station. Finally, we will display at the ground station a high contrast flagor 

banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches 

high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the 

banner should be visible to anyone that observes the aircraft and chooses to investigate its 

point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 

61.133 Commercial pilot privileges and limitations: 

The regulation provides that no person that holds a Private Pilot certificate may act as pilot 

in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private 

pilot to act as pilot in command of an aircraft in connection with any business or 

employment if: (1) The flight is only incidental to that business or employment; and (2) The 

aircraft does not carry passengers or property for compensation or hire. Our proposed 

operations require that the PIC must hold at least a Private Pilot Certificate with a Class Ill 

Medical issued by the FAA and since the aircraft cannot carry passengers or property, we 

feel we meet the intent of 61.113 Subparagraph (b) even though the intent ofthis 

application is to conducta business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate: 

As no such certificate will be applicable in the form contemplated bythe FARs, this 

Regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements: 

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. We assume that the intent ofthis requirement is to ensure 

that flight manual information is available to the aircrew while operating the aircraft. We 

request an exemption to this requirement since the aircraft is not only too small to carry 

documentation, the documentation would not be available to the crew during flight 
operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose 

that a current, approved sUAS Flight Manual must be available to the crew at the ground 

station anytime the aircraft is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests: 

The regulation states that "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." Training will be 

conducted at a local Radio Control Club flying field. Drone Photography Experts has the 

ability to provide "dual controls" utilizing two remote controls with a wireless link between 

the transmitters. One transmitter is designated the master transmitter and the other 

transmitter is designated as a slave. The PIC instructor, utilizing the master transmitter, will 

be at all times be able assume control of the sUAV. 

91.119 Minimum safe altitudes: 

General. The regulation states that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical 

mission of the sUAS would be photography or survey of persons, vessels, vehicles or 

structures it would be necessary to operate closer than 500 feet to the items listed. 

Operations will only be flown over property or persons wherepermission has been 

obtained and careful pre-planned flight path has been performed. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. Therefore we maintain that due to the 

small size ofthe UAS, the hazard to persons, vehicles and structures is minimal compared 

to manned aircraft, which should be considered in granting the exemption. 

CFR 91.121 Altimeter settings: 

The regulation requires that aircraft shall maintain cruising altitudes by referenceto an 

altimeter setting available within 100 NM of the aircraft. The sUAS will alwaysfly below 

400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict 

with other aircraft. An Above Ground Level altimeter measurement above the takeoff point 

is transmitted via radio from the sUAS on-board computerto the display screen held by the 

PIC, providing a constantly updated AGLreadout. 

14 CFR 91.151 Fuel requirements for flight in VFRconditions: 

The regulation provides that no person may begin a flight in an airplane under day- VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly 

after that for at least 30 minutes. We feel the intention ofthis paragraph is to provide an 
energy reserve as a safety buffer for delays to landing. 

The sUAV is battery operated and the maximum duration of flight from a single battery 

charge is 20 minutes with a 25% reserve. Since the aircraft will never fly more than 3/4 NM 

from the point of intended landing, a full battery charge at launch will ensure that we meet 

the reserve energy requirement of this paragraph. We request an exemption to the word 

"fuel" and ask for an equivalent interpretation with the word "energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required: 

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum 

gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not have an 

entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level 

of safety and meet the intent of 91.203, we propose that documents deemed appropriate 

for this aircraft by the FAA will be with the crew at the ground control station and available 

for inspection upon request. In order to identify the aircraft, we propose that the 

information found on airworthiness and registration certificates be permanently affixed to 

the aircraft via placard containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations: 

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 

authorized under 43. 7" after maintenance and inspection. It is our intention that the PIC 

perform maintenance and inspection of the aircraft and "be authorized to approve the 

aircraft for return to service." The PIC will ensurethat the aircraft is in an airworthy 

condition prior to every flight and in addition conduct detailed inspections after every two 

hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, 

replacing a propeller, checking electrical connections and updating software and firmware 

for the on-board computer. All other maintenance will be performed by the manufacturer 

or their designated repair facility. The PIC will document work performed in accordance 

with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the 

PIC can ensure an equivalent level of safety. 

Safety and Benefits of the UAS: 

Drone Photography Experts will be using the UAS in a variety of applications that generally 

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require expensive full-size manned aircraft to complete. Small, light, unmanned aerial 

vehicles offer myriad benefits over the use of full-sized manned aircraft for electric power 

line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, 

just to name a few. Replacing significantly larger manned aircraft carrying crew and 

flammable fuel with small UAS carrying no passengers or crew creates a much greater 

margin of safety for the pilots and crew. By granting Drone Photography Experts requested 

exemptions, the FAA will help drive development of safe and successful commercial UAS 

operations and will advance the public knowledge base for such operations. Drone 

Photography Experts is committed to promoting the UAS research efforts of policymakers 

including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS 

operations and serving as a resource for future UAS research operations. Thus, the FAA has 

good cause to grant this Petition. 

Conclusion: 

As pointed out in this application, the sUAS which our company would use, under 

authorization by the US DOT-FAA, are small, light-weight devices operated within the line 

of sight of the pilot in command, less than 400 feet above the ground and outside 5 miles 

from any airport, heliport, seaplane base, spaceport, or other location with aviation 

activities, unless the air traffic control authorities (ATC) have been notified and have 

authorized each flight within a radius ofthisdistance. 

Our sUAS has proven capability for controlled flight. It is a device offered for general sale 

on the market around the world and has often been used as Model Aircraft in the USA. We 

are certain that the studies conducted until now by the FAA, about Section 332, Public Law 

112-95, 2014, have already provided you with the assurances on the airworthiness of UASs 

such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted and Drone 

Photography Experts should be permitted to conduct small UAS operations in accordance 

with its manuals and all other operating parameters deemed necessary and appropriate by 

the FAA. The submission of this application and its contents is the best demonstration that 

indeed it is possible to pursue the authorization process so that some UASs may be used 

for legitimate commercial activities and under reasonably safe conditions. 

Thank you for your consideration. 

Drone Photography Experts