Drone Photography Experts Office: {281} 704-0679
October 

### 20, 2015 

### U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 NewJersey Avenue SE Washington, DC 20590 Dear Madam or Sir: -_, '"" _!,)' .-,

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Please accept this letteras Drone Photography Experts petition for exemption pursuantto Section 333 ofthe FAAModernization and Reform Act 2012 and 14 C.F.R. Part 11.
Drone Photography Experts, operator ofsmall Unmanned Aircraft Systems (sUAS) equippedto perform aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operations ofits 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 requestedwould allowthe operation of unmanned sUAS under conditions in airspace that are limited, predetermined and controlled. Founded in 2005, Drone Photography Experts is avideo production company specializingin videography and photographyfor 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 ofthe sUAS for a numberof 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 ofthe 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 UnmannedAircraft Systems", provides a mechanism for seeking expedited FAA authorization ofsafe civil UAS operations in the NAS. Section 333{a) states thatthe FAA "shall determine ifcertain unmanned aircraft systems may operate safely in the nationalairspace system before completion ofthe (comprehensive) plan and rulemaking required by section 332{b) {1) of this Act orthe guidance required by section 334 ofthis Act." In Section 332{b) {1), Congress made it clear that Section 333 provides amechanism for "expedited operation authorization" ifseveral factors are met. Drone Photography Experts meets all requirements to permit FAA approval ofcommercial UASoperations.
The Petitioner Requests Relief From the Following: Regulations from whichthe 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 ofthis petition for exemption is to enable Drone Photography Experts to operate a DJI Phantom 3 Professional and/or Ehang Ghost Aerial Plus+ {UAS).
Please refertothe included DJI Phantom 3 Professional Instruction Manual forthe performance limitations and flight operations. (http://download.djiinnovations.com/downloads/phantom 3/en/Phantom 3 Professional User Manual vl.0 en.pdf) Please refertothe included DJI Phantom 3 Professional Specifications. (http://www.dji.com/product/phantom-3/spec) Please refer tothe 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'sinstruction manual and only manufacturer's authorized replacement parts will be used. FCC Information: The remote controller used forthe sUAS complies with part 15 oftheFCC rules. Operation is subject tothe followingtwo conditions: 

### (1) This device may not cause harmful interference, and (2) this device mustaccept 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 aseparation distance ofat least 5 em between his body (excludingfingers, 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 acurrent Texas Driver's License, plus at least 2 hours flying time and 3takeoffsand landings within 30 days in thetype of UAS utilized in operations. The pilot in command will also have at least 100 hours total time and at least 30 hoursflying Radio Controlled Model Aircraft of which will be 10 hours flyingsUASs. The pilot in command is responsible forthe safe and efficient operation ofthe 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 acuityto observe the sUAV and be ableto communicate clearly with the pilot in command. The observer's duties include: Warningthe pilot ofany impending obstacles in the flight path ofthe sUAS. Warning the pilot ofany deviations in the planned flight path ofthe sUAS. Warning thepilot should any unauthorized personnel appear in the area ofthe planned flight.The observer will have the authorityto orderthe pilotto terminate the flight should he feel the flight cannot be conducted safely.
General OperatingStandards:

• Drone Photography Experts will only operate its sUAS in line ofsight ofa pilotand/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure thatthe sUAS will "not create a hazard to usersofthe national airspace system orthe public." • Before an operation ofasUAV within 5NM ofan airport with acontrol tower, the control towerwill be called to gain permission to operate the sUAS. The PIC willgive the position, altitude and the times the sUAV will be operated. The sUAS will notbe operated at an altitude ofover 150feet AGL. Weather minimums will be 3 miles visibility and a 1000-foot ceiling. Before an operation ofasUAS within 5NM ofa non-tower controlled, airport operators will be notified and the pilot in command will give the right ofwayto avoid flying in the proximity offull-scale aircraft. At no time will the sUAV be operated within the final approach course and the takeoffcourse ofany runway. The sUAV will not be operated at an altitude ofover 150 feet AGL. Weatherminimums will be 3 miles visibility and a 1000- footceiling.

• Maximum flighttimefor each operational flight will be 20 minutes. • Flights will be terminated at 25% battery power reserve should that occur priortothe 20- minute limit.

• The sUAV will be programmed so that itwill not be operated at an altitude ofno more than 400feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

• The sUAV operated by the petitionerweighs less than 55 pounds, includingthe payload (i.e. camera, lens, and gimbals).• The sUAV will operate at speeds ofno morethan 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 tothe Reform Act's safety requirements. The UAS, powered by batteries, is smaller, lighter and more maneuverablethan larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and therebyenhance safety and diminish the likelihood ofdeath or serious bodily injury. With asmall payload and maximum flighttime ofonly 23 minutes, this offers little or no riskto national security. Low level oblique photos and video from several angles are far more effectivethan ground based imagery for displayingthe characteristics of large, complexproperties with several buildings and large trees. The applicants in the past have chartered 2- seat full-sized helicopters forthis 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 buyersand sellers of real property. Additionally, we request that we be allowed to use our UAV's to benefitfirst responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all limitations cited in this applicationas we do so. (a) No flight will be made with aGross weight exceeding 55 pounds; (b) All operations must occur in FAA Class Gairspace at no morethan 400ftAGL; at an airspeed ofno morethan 25 knots and no furtherthan 3/4 NM from the PIC; (c) All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate by voice at all times during aflight 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 theaircraft's registration number in letters at least 3 inches high. Additionally, the aircraftmust display the word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance tothe cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have aregistration number assigned to it by the FAA. We propose to achieve an equivalent level ofsafety by including the word "EXPERIMENTAL" in the placard on thetop ofthe aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity ofthe aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel thatthe 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 bannerthat contains the words "Unmanned Aircraft Ground Station" in letters3 inches high or greater. Since the aircraft will operate within 3/4 NM oftheground station, the banner should be visible to anyone that observes the aircraftand chooses to investigate its point oforigin.
14CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges andlimitations: The regulation provides that no person that holds a Private Pilot certificate mayact as pilot in Command ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to that businessor employment; and (2) The aircraft does not carry passengers or propertyfor compensation or hire. Our proposed operations require thatthe PIC must hold at least a Private Pilot Certificate with a Class Ill Medical issued by the FAA andsince the aircraft cannot carry passengers or property, we feel we meetthe intentof61.113 Subparagraph (b) even though the intent ofthis application is to conducta business.
14 CFR 91.7 Prohibits the Operation ofan aircraft without anairworthiness 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 acurrent, approved flight manual is in the aircraft. We assume thatthe intent ofthis requirement is to ensure that flight manual information is available to theaircrew while operatingthe aircraft. We request an exemption tothis requirement sincethe aircraft is not onlytoo small to carry documentation, the documentation would not be available tothe crew during flightoperations. To obtain an equivalent level ofsafety and meetthe intent of91.9, we propose that a current, approved sUAS Flight Manual must be available tothe crew at the ground station anytime the aircraft is in, or preparingfor, flight.
14 CFR 91.109 Flight Instruction; Simulated instrument flight andcertain flighttests: The regulation states that "No person may operate acivil aircraft that is beingused 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 abilityto provide "dual controls" utilizingtwo remote controls with awireless link between thetransmitters. One transmitter is designated the mastertransmitter and the other transmitter is designated as a slave. The PIC instructor, utilizingthe mastertransmitter, will be at all times be able assume control ofthesUAV.
91.119 Minimum safe altitudes: General. The regulation states that oversparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since thetypical mission ofthe sUAS would be photography or survey of persons,vessels, vehicles or structures it would be necessary to operate closerthan 500 feet tothe 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, ifa powerunit fails, an emergency landing without undue hazard to persons or property onthe surface. Therefore we maintain that due tothe small size ofthe UAS, the hazardto persons, vehicles and structures is minimal compared to manned aircraft,which should be considered in grantingtheexemption. CFR 91.121 Altimetersettings: The regulation requires that aircraft shall maintain cruising altitudes by referenceto an altimeter setting available within 100 NM ofthe aircraft. The sUAS will alwaysfly below 400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. An Above Ground Level altimetermeasurement above thetakeoff point is transmitted via radio from the sUAS on-board computertothe display screen held by the PIC, providing aconstantly updated AGLreadout.
14 CFR 91.151 Fuel requirements for flight in VFRconditions: The regulation provides that no person may begin aflight in an airplane underday- VFR conditions unless there is enough fuel to fly tothefirst point ofintended landing and to fly afterthat for at least 30 minutes. We feel the intention ofthis paragraph is to provide anenergy reserve as a safety bufferfor delays tolanding. The sUAV is battery operated and the maximum duration offlight from asingle battery charge is 20 minutes with a 25% reserve. Since the aircraft will neverfly morethan 3/4 NM from the point ofintended landing, afull battery charge at launch will ensure that we meet the reserve energy requirement ofthis paragraph. We request an exemption tothe word "fuel" and ask for an equivalentinterpretation with the word "energy".
14CFR 91.203(a) 

### & (b) Civil aircraft: Certificationsrequired: The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboardthe aircraft. Additionally, subparagraph (b) provides thatthe airworthinesscertificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of5.3 pounds, the sUAS is too small tocarry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level ofsafety and meet the intentof91.203, we propose that documents deemed appropriate forthis aircraft bythe FAA will be with the crew at the ground control station and available for inspection upon request. In orderto identifythe aircraft, we propose thatthe information foundon airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.
14CFR Subpart E(91.401- 91.417)- Maintenance, PreventiveMaintenance, Alterations: The regulation provides thatthe operator is primarily responsible formaintainingthe aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for returnto service by a person authorized under43.7" after maintenance and inspection. Itis our intention thatthe PIC perform maintenance and inspection ofthe aircraftand "be authorized to approve the aircraft for return to service." The PIC will ensurethatthe aircraft is in an airworthy condition priorto every flight and in additionconduct detailed inspections after every two hours offlight. Maintenance performed bythe PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will documentwork performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PICcan ensure an equivalent level ofsafety. Safety and Benefits ofthe UAS: Drone Photography Experts will be using the UAS in avariety ofapplications thatgenerally

-------------------------------------------require expensive full-size manned aircraftto complete. Small, light, unmanned aerial vehicles offer myriad benefits overthe use offull-sized manned aircraftfor electric power line inspection, oil/gas pipeline inspection, advanced agriculture,film and still photography, justto name afew. Replacing significantly largermanned aircraft carrying crew and flammable fuel with small UAS carrying no passengersor crew creates a much greater margin ofsafety forthe pilots and crew. Bygranting Drone Photography Experts requested exemptions, the FAA will help drive development ofsafe and successful commercial UAS operations and will advance the public knowledge base for such operations. Drone Photography Experts is committed to promotingthe UAS research efforts ofpolicymakers includingthe FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resourceforfuture UAS research operations. Thus, the FAA has good cause to grantthisPetition. 

### Conclusion:
As pointed out in this application, the sUAS which our company would use, under authorization bythe US DOT-FAA, are small, light-weight devices operated within the line ofsight ofthe pilot in command, less than 400 feet above the groundand outside 5 miles from any airport, heliport, seaplane base, spaceport, orother location with aviation activities, unlessthe airtraffic control authorities (ATC) have been notified and have authorized each flight within a radius ofthisdistance. Our sUAS has proven capabilityfor controlled flight. It is a device offered for general sale on the market around the world and has often been used as ModelAircraftin the USA. We are certain thatthe studies conducted until now by the FAA, about Section 332, Public Law 112-95, 2014, have already provided you withthe assurances on the airworthiness of UASs such as ours. Forthe foregoing reasons, the exemptions requested herein should be grantedand 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 ofthis application and its contents is the best demonstrationthat indeed it is possibleto pursue the authorizationprocess so that some UASs may be used for legitimate commercial activities and under reasonably safe conditions. Thank you foryourconsideration.

Drone Photography Experts