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Date: September 10, 2015 

Dave Lopez 

5136 Maunalani Cir. 

Honolulu, HI 96816 

Office: http:/ /9thavestudio.com/ · 

Cell: tel:808.232.6959 

Email: kawika@9thavestudio.com 

Dave Lopez, CEO 

Re: 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. § 21.191(a) 

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.~07(a) (1) 

14 C.F.R. §§ 91.4Q9(a) (1) and (2) 

14 C.F.R. §§ 91.417(a) and (b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (FMRA) and 14 

C.F.R. Part 11, Mr. Dave Lopez dba Dave Lopez hereby applying for an exemption from the 

listed Federal Aviation Regulations (" F ARs ") and any other necessary to allow operation of its 

small Unmanned Aircraft Systems ("sUAS") for commercial photography and video. 

Dave Lopez Photography and Video is headquartered at Honolulu, Hawaii. The company 

provides high-end video production, graphic media and sUAS aerial services to support a variety 

of news organizations, real estate agencies( photography), government sponsored and private 

film and movie production(s), public/private emergency services and inspection companies in a 

manner that meet the compliance of maintaining a safe environment. As the demand for drone 

services dictates and the UAS market eventually expands; Dave Lopez has plans to further 

develop a wider range of specialized service to meet consumer demands . 
Description of Petitioner 

Dave Lopez is a professional with 14 years of experience working in video production and is 

keenly aware and understands the requirements to integrate the sUAS onto movie sets, freelance 

photographer /videographerl and the effects on artist works in Hawaii. He has developed a 

personal relationship with his clients. Dave Lopez collaborates regularly with other freelance 

artists and his work consists priVlarily of corporate storytelling in the form of video production. 

Additionally, Dave Lopez is also a commercial lifestyle/fashion photographer whose services 

include shooting for weddings, apparel and editorial for publications. He is frequently called 

upon to provide high end video and photography services for realty agencies and notable 

architectural firms. 

In his private life, Dave Lopez has earned a solid reputation as an active community leader and 

volunteers his services where needed to benefit the community. 

Use ofsUAS 

As a videographer and photographer who has accumulated extensive aerial footage and video 

adding another dimension to his work. A UAV license/designation will provide an additional 

element to enhance, upgrade and modernize video storytelling. The UAV license will also give 

him the ability to gain access to attain some exclusive aerial imagery of architecture features and 

landscapes.· All ofthe UAV operations will be conducted below 200 hundred feet and will 

remain within 200 yards of the operator. Dave Lopez Photography and Video would also 

maintain a visual line of sight of the UAV at all times. 

Experience or Qualification ofUAV Operator 

For the past 2 years, Dave Lopez in addition to enjoying UAV drones as a hobby, has worked to 

perfect his operational skill. That also includes over 15 years of operating flight simulators and 

joystick controllers. This committed focus has helped him fme tune his motor skills and helped 

further develop a special awareness that provides important eye/hand coordination .. 

Manufactures Operations Manuals 

Manuals DJI Phantom 3 Professional User Manual: http://download.dji-innovations.com/ 

downloads/ phantom _3/en/Phantom _3 _Professional_ User_ Manual_ v 1.2 _en. pdf 

DJI Phantom 3 Intelligent Flight Battery Safety Guidelines: http://download.dji-innovations.com/ 

downloads/phantom_ 3/en/Intelligent_Flight_ Battery_ Safety_ Guidelines_ en. pdf 
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DJI Phantom 3 Safety Guidelines and Disclaimer: http://download.dji-innovations.com/ 

downloads/phantom _3/en/Safety _Guidelines_ Disclaimer_ en. pdf 

Tech Specs Make: 

DJI Model: Phantom 3 Professional 

I 

Weight (Including Battery and Propellers): 1280 g 

Diagonal Size (Including Propellers): 590 mm 

Max Ascent Speed: 5 meters/s 

Max Descent Speed: 3 meters/s 

Vertical Hover Accuracy:+/- 0.1 meters (when Vision Positioning is active) or+/- 0.5 meters 

Horizontal Hover Accuracy: +/- 1.5 meters 

Max Speed: 16 meters/s (no wind) 

Max Altitude Above Sea Level: 6000 meter 

Operating Temperature: 0° to 40° C 

GPS Mode - GPS/GLONASS 

Operating Frequency: 2.400 GHz - 2.483 GHz 

Max Distance: 2000 meters (outdoors and unobstructed 

Remote Controiler Transmitter Power FCC: 20 dBm . Remote Controller Transmitter Power CE: 16 dBm 

Remote Controller Battery: 6000 mAh LiPo 2S 

Remote Controller Working Voltage: 1.2 A @7.4 V 

Aircraft Battery Capacity: 4480 mAh 

Aircraft Battery Voltage: 15.2 V 

Aircraft Battery Type LiPo 4S 

Aircraft Battery Energy: 68 Wh 

Aircraft Battery Net Weight: 365 g 

Aircraft Battery Max Flight Time: Approx. 23 minutes 

Aircraft Battery Operating Temperature: -10° to 40°C 

Aircraft Battery Max Charging Power: 100 W 

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

Community Benefit 
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Dave Lopez Photography and video is able to provide knowledge and experience of the local 

terrain which is extremely beneficial for emergency first responders, energy industries, and the 

film cultural industry: this technology will keep human lives safe by providing a proven product 

that has been tested to meet the highest safety standards for the use by government and nongovernment entities. Industry will have a local resource on how to operate cameras and how to 

conduct operations safely and responsibly. One cannot overemphasize the importance of Dave's 

natural ability, his commitment and knowledge of product and public safety precautions that are 

part of his service package. 

PROPOSED sUAS OPERATIONS MEET 

THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT 

The proposed operations in this petition for exemption qualify for expedited approval under 

Section 3 3 3 of the Reform Act. Each of the statutory criteria and other relevant factors are 

satisfied. 

Operational Restrictions Set Forth: 

1. The sUAS will weigh 55 pounds or less. 

2. Flights will be operated within line of sight of a pilot and observer's. 

3. 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%. 

4. Flights will be operated at an altitude of no more than 400 feetAGL and will not be 

conducted within navigable airspace. 

5. Flights will be operated at a lateral distance ofleast 300FT from any inhabited structures, 

buildings, vehicles or vessels, or from people not associated with the operation who have 

not given permission in advance ofthe operation. 

6. Minimum crew for each operation will consist of the sUAS Pilot, one Visual Observers as 

necessary to safely conduct the mission. 

7. The Pilot in charge will have the required training and instruction prior to any flight in 

accordance with the training syllabus attached to the Operations. 

8. The observer designated for any operation will be required to complete the training course 

as set forth in the Operations Manual before performing his duties on any flight. 

9. The sUAS will operate in accordance with the safety and operational requirements of the 

Manual. 

IO.Prior to the operation, a Mission Plan will be created setting forth the limitations for the 

flight as well as contacts and hazard information. 

ll.Pilot and Visual Observers will at all times be able to communicate by voice. 

12.Local Authorization will be obtained prior to flight. 
13.All required permissions and permits will be obtained from state, county or city 

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

agencies. 

14: The operator will coordinate all flights with the appropriate Flight Standards District 

Office. 

15.Ifthe sUAS loses communications or loses its GPS signal, the sUAS will have the 

capability to return to a pre-determined location within the operational area and land. 

16.Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the pilot and the observer. 

17.The sUAS will have the capability to abort a flight in case ofunpredicted obstacles or 

emergencies. I 

I The Extent of Exemption from which Dave Lopez Seeks and the Reason It Seeks Such 

Relief: 

This application is being submitted by Dave Lopez in accordance with the Reform Act, 112 P.L. 

95 §§331- 334, seeking relief from any currently applicable federal aviation regulations PARs 

pertaining to UASs (unmanned aircraft systems) and operating to prevent Dave Lopez dba Dave 

Lopez Video and Photography's company mission is that they continue to provides high-end 

video production, graphic media and sUAS Aerial services, support to news agencies, high 

quality real estate photography, film and movie production, and inspection companies that 

achieve its goal for compliance within a safe environment. 

Dave Lopez other flight operations within the U.S. national airspace system. 

The Reform Act in §332 provides for such integration of civil UASs into our national airspace 

system as it is in the public's interest to do so. Dave Lopez lightweight UASs meet the definition 

of "small unmanned aircraft" as set forth in §331 and combined with a sterling safety record in 

similar industries, Dave Lopez light duty UASs are ideal recipients of exemption by the intent of 

the Reform Act. 

Considerations for relief include a combination of sUAS physical characteristics, safety features, 

and safe practices identified in §333: 

• sUAS weight, 

• sUAS overall size, 

• sUAS speed over ground, 

• sUAS flight zone characteristics, 

-Non-operation near airports (civilian or military), 

- Tightly controlled operation in populated areas, 

II Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of2012 

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• Operation of the sUAS by VLOS (Visual Line Of Sight) 

• Coordination by a minimum of 2 persons, 2 staff members of Dave Lopez and one safety 

official from job location. Dave Lopez may assign a safety observer if one is not provide or 

qualified under this document. 

14 C.P.R. Part 21, Subpart H: Airworthiness Certificates 14 C.P.R. §91.203 (a) (1) Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated sUASs, an exemption from Part 21 Subpart H meets the requirements 

of an equivalent level of safety under Part 11 and §333 of the Reform Act. 111e Federal Aviation 

Act (49 U.S.C.§4470 1 (f)) and 1§333 ofthe Reform Act both authorize the FAA to exempt 

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the 

particular sUAS. In all cases, an analysis of these criteria demonstrates that the UAS operated 

without an airworthiness certificate, in the restricted environment and under the conditions 

proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) 

operating with an airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated by Dave Lopez dba Dave Lopez Video and Photography is less than 55 

lb. with maximal payload consisting of cameras and carries neither person, carries no explosive 

or flammable materials including combustible fuels, and operates exclusively within a secured 

area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the pilot (PIC), 'spotter' role designated to act as both the remote sensing 

controller and secondary monitor for safety issues, and a technician, which assists in matters 

related to maintaining the sUAS and also monitors for safety concerns and liaisons to the on-site 

safety offic~als. These enhancements to current safety practices and regulations, which already 

apply to civil aircraft, provide a greater degree of safety to the public and property owners than 

conventional aircraft operations conducted with airworthiness certificates issued under 14 C.P.R. 

Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

intrinsic credible threat to national security posed by the UAS, due to its size, speed of operation, 

location of operation, lack of intrinsic explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load. 

14 C.F.R. §45.23 (b). Marking of the Aircraft The regulation requires: When marks include only 

the Roman capital letter "N" and the registration number is displayed on limited, restricted or 

light-sport category aircraft or experimental or provisionally certificated aircraft, the operator 

must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in 

letters not less than 2 inches nor more than 6 inches high, the words "limited;' "restricted;' "lightsport;' "experimental;' or "provisional;' as applicable. Even though the sUAS will have no 

airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the 

cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of 

the sUAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the 

frame in compliance with §45.29 (f) at a size suitable for the available space.