Request for Section 333 Exemption Aerial Photography/Videography

November 2, 2015

by/for Raymond K. Dauphinais (Petitioner)

This document constitutes an exemption Request under Section 333 of the FAA Modernization and 

Reform Act of 2012 for Aviation Unmanned to perform Aerial Photography/Videography by/for Raymond 

K. Dauphinais. Exemption is sought to enable Petitioner to offer services to real estate brokers and 

developers, the construction industry, utilities, first responders and all work for hire. Any related entities 

that can utilize the safe and convenient operation of UAS type aircraft where the use of typical certified 

aircraft is not possible or the cost is prohibitive. In addition, I will proactively encourage UAS capability 

and safety demonstrations to the general public and local government agencies in an effort to collectively 

convince these organizations that the operation of UASs is safe, controlled and in the public interest. The 

UAS system that I plan to use within the scope of the requested exemptions is a DJI PHANTOM 2 

VISION PLUS and will be referenced in this document and also in the attached user manual. But I may 

not exclusively use these models UAS. But in all cases, the UAS vehicle will weigh 55 pounds or less.

Petitioner seeks an exemption from the following rules:

14 CPR Part 21, Subpart H; 14 CPR Part 27; 14 CPR 45.23(b); 14 CPR§ 61.113; 14

CPR 91.7(a); 14 CPR 91.9(b)(2); 14 CPR 91.103; 14 CPR 91.109(a); 14 CPR 91.119; 14 CPR

91.121; 14 CPR 91.151(a); 14 CPR 91.203 (a) & (b); 14 CPR 91.405(a); 14 CPR 91.407(a)(l);

14 CPR 91.409(a)(2); 14 CPR 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the 

substantial hazards associated with performing equivalent work with conventional aircraft and rotorcraft.

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by 

always flying the UAS within visual eye contact, less than 400 ft above ground and never directly 

above persons or public places. The orientation of flights will be such that the pilot in command 

(PIC) always has a visual on the rear mounted LED flight Indicator. Additional safety features on 

the DJI PHANTOM 2 VISION PLUS has an integrated GPS system to calculate its position and 

height and to relay that information via a secure connection to the operator. In addition, each UAS 

contains a failsafe mode that will guide the UAS if its connection to the remote controller is lost.

The system permits the vehicle to return to a predetermined location and land in order to prevent 

injury or property damage. Pre-flight inspection would be checking battery condition/level in both 

the transmitter and UAS. The binding/link feature will not let the UAS start if communication is not 

established. A check for power-lines, antennas and other overhead objects would be performed. 

Wind conditions would be monitored during flight operations.

2. The radio frequency of the DJI PHANTOM 2 VISION PLUS is in 5.8 GHZ range the 2 VISION 

PLUS camera 2.4 GHZ. Maximum take-off weight less than 1200g. Max Ascent/decent speed 6 

m/s. Maximum flight Velocity 10 m/s.

3. The PIC will be only myself, a U.S. citizen, and I have a minimum of 80 hours flying time with this 

DJI PHANTOM 2 VISION PLUS model. I am a Helicopter Airline Transport Pilot license holder 

(ATP #2207587) with approximately 8000hrs rotorcraft flight time. I have over 35 years of 

experience working in many helicopter operations segments. Testing, updating and programming 

the DJI PHANTOM 2 VISION PLUS firmware would be minimally done on a monthly schedule. I 

am a member of both the Academy of Model Aeronautics (AMA) and AOPA and adhere to their 

published best practices recommendations. 
4. I’m in good medical health and sound mental health. No felonies. 

5. The intended use of this DJI PHANTOM 2 VISION PLUS is to supplement my existing 10 plus 

year Photography business with occasional aerial photographs/video. Other photographers are 

currently offering aerial photography and currently have a competitive edge in my North Texas 

market. UAS vehicles will be flown only over property locations where permission has been 

obtained from the owner. Strict safety measures will be in place to ensure that there is limited to 

no risk to members of the public who are not involved in the operation.

6. All photography/videography flights for hire would have the date, time, GPS coordinates along 

with the camera metadata recorded on a hard drive and backed up to my personal cloud. This 

data would be kept readily available for a period of 1 year after each aerial flight for hire.

The petitioner (Raymond K. Dauphinais) will also file for a Certificate of Waiver or Authorization (COA). In 

the event that a COA request is not granted I would ask that this request for exemption still be granted 

with a conditional use. 

The DJI PHANTOM 2 VISION PLUS will occur outside navigable airspace at altitudes of 400 feet AGL or 

less, daytime VFR operation only in visual line of site ("VLOS"). 

In summary, the operational limitations and conditions, listed below, will be adhered to.

• The UAS vehicle(s) employed by Petitioner will weigh fifty five (55) pounds or less.

• Flights will be operated within line of sight of a pilot and an observer.

• Maximum total flight time for each operational flight will be limited to the amount of time the UAS 

can be flown and still maintain a reserve battery power of no less than 25%.

• Flights will be operated at an altitude of no more than 400 feet AGL and will not be conducted 

within navigable airspace. Flight will be conducted only in VLOS during daylight hours and in VFR 

conditions.

• Flights will be operated at a lateral distance of no less than 100 feet from any persons or property 

not associated with the operation who have not given prior permission for more proximate 

operation.

• Flights will be limited to a speed of 50 m.p.h. and vertical ascent of 15 m.p.h.

• Minimum crew for each operation will consist of the UAS pilot-in-command ("PIC"), visual 

observers will be used as necessary to safely conduct the mission.

• The PIC will have at least a private pilot's license and will have sufficient experience and 

recurrent training to safely conduct the flight.

• The observer designated for any operation will be in constant voice contact with the PIC.

• UAS vehicles will operate in accordance with the safety and operational requirements of their 

respective Manuals.

• A Certificate of Authorization will be obtained prior to flight, as needed.
• All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire or other appropriate governmental agencies, as 

needed.

• The operator will coordinate all flights with the appropriate Flight Standards District Office, as 

required.

• If a UAS loses communications or GPS guidance, it will have the capability to return to a predetermined location within the operational area and land.

Public Interest.

Granting Petitioner's exemption request furthers the public interest. National policy set by Congress 

favors early integration of UAS into the NAS in controlled, safe working environments such as those 

proposed in this petition. In addition, the public also has an interest in reducing the hazards and missions 

associated with alternate use of helicopters to conduct similar inspection operations. The UAS proposed 

for the exemptions are very light, with less than a fifty-five pound (55lb) maximum gross weight. They do 

not carry any flammable liquid fuel, further reducing the risk from any potential accident.

I believe the proposed operations in this Petition for Exemption qualify for expedited approval under

Section 333 of the Reform Act.

Respectfully, 

Raymond K. Dauphinais 

1408 Karla Drive Hurst, TX 76053

Home: (817) 545-1422

Cell: (817) 676-3212

DBA: Creative Concept Studios