### • 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 Pursuantto Section 333 ofthe FMRAand Part 11 ofthe FederalAviation 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: Pursuantto Section 333 ofthe FAAModernization and ReformAct of2012 (FMRA) and 14 C.F.R. Part 11, 

### Mr. Dave Lopez dbaDave Lopez hereby applying for an exemption from the listed FederalAviation Regulations (" F ARs") and any other necessary to allow operation ofits small UnmannedAircraft Systems ("sUAS") for commercial photography and video.

Dave Lopez Photography and Video is headquartered atHonolulu, Hawaii. The company provides high-end video production, graphic media and sUAS aerial services to support a variety ofnews 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 meetthe compliance ofmaintaining a safe environment. As the demand for drone services dictates and the UAS market eventually expands; Dave Lopez has plans to further develop a widerrange ofspecialized service to meet consumer demands

.

### Description ofPetitioner
Dave Lopez is a professional with 14 years ofexperience working invideo 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 withhis clients. Dave Lopez collaborates regularly with other freelance artists and his work consists priVlarily ofcorporate storytelling inthe form ofvideo production. Additionally, Dave Lopez is also a commercial lifestyle/fashionphotographer whose services include shooting for weddings, apparel and editorial for publications. He is frequently called uponto 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 elementto enhance, upgrade and modernize video storytelling. The UAV license will also give him the ability to gain access to attain some exclusive aerial imagery ofarchitecture features and landscapes.·All ofthe UAV operations will be conducted below 200 hundred feet and will remain within 200 yards ofthe operator. Dave Lopez Photography and Video would also maintain a visual line ofsight ofthe UAV at all times. 

### Experience or Qualification ofUAV Operator

Forthe past 2 years, Dave Lopez inaddition to enjoying UAV drones as a hobby, has worked to perfecthis operational skill. That also includes over 15 years ofoperating flight simulators and joystickcontrollers. 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_ v1.2 _en.pdf

DJI Phantom 3 IntelligentFlight Battery Safety Guidelines: http://download

.dji-innovations.com/ downloads/phantom_3/en/Intelligent_Flight_ Battery_Safety_Guidelines_ en.pdf

### • 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 MaxAscent Speed: 5 meters/s Max Descent Speed: 3 meters/s Vertical HoverAccuracy:+/- 0.1 meters (when Vision Positioning is active) or+/- 0.5 meters Horizontal HoverAccuracy: +/- 1.5 meters Max Speed: 16 meters/s (no wind) MaxAltitudeAbove 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 ControilerTransmitter Power FCC: 20 dBm

. Remote Controller Transmitter Power CE: 16 dBm Remote Controller Battery: 6000 mAhLiPo 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 NetWeight: 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

### • Dave Lopez Photography and video is able to provide knowledge and experience ofthe 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 provenproduct that has beentested to meetthe highest safety standards for the use by government and nongovernment entities. Industry will have a local resource onhowto operate cameras and howto conduct operations safely and responsibly. One cannot overemphasize the importance ofDave's natural ability, his commitment and knowledge ofproduct and public safety precautions that are part ofhis service package.



### PROPOSED sUAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OFTHE REFORMACT

The proposed operations inthis petition for exemption qualify for expedited approval under Section 33 3 ofthe ReformAct. Each ofthe statutory criteria and otherrelevant factors are satisfied. 

### Operational Restrictions Set Forth:

1. The sUAS will weigh 55 pounds or less. 2. Flights will be operated within line ofsight ofa pilot and observer's. 3. Maximum total flight time for each operational flight will be limited to the amount of time the UAS canbe flown and still maintain a reserve battery power ofno less than 25%. 4. Flights willbe operated at an altitude ofno more than 400 feetAGL and will notbe conducted within navigable airspace. 5. Flights will be operated at a lateral distance ofleast 300FTfrom 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 ofthe 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 withthe 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 ofthe 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.LocalAuthorization 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 inplace to safely terminate flight ifthere is a loss of communication betweenthe 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 ofExemption from which Dave Lopez Seeks and the Reason ItSeeks Such Relief: This application is being submitted by Dave Lopez in accordance with the ReformAct, 112 P.L. 95 §§331- 334, seekingrelieffrom any currently applicable federal aviationregulations 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 ReformAct in §332 provides for such integration ofcivil UASs into ournational airspace system as it is in the public's interest to do so. Dave Lopez lightweight UASs meetthe 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 ofexemptionby the intent of the ReformAct.

Considerations for reliefinclude a combination ofsUAS physical characteristics, safety features, and safe practices identified in §333:

• sUAS weight,

• sUAS overall size,

• sUAS speed over ground,

• sUAS flight zone characteristics, -Non-operationnear airports (civilian ormilitary),

- Tightly controlled operation inpopulated areas,

II Re: ExemptionRequest PursuantTo Section 333 ofthe FAA ReformAct of2012**~----** ----- - -----------------------------------------------------------------------------

• Operation ofthe sUAS by VLOS (Visual Line OfSight)

• Coordination by a minimum of2 persons, 2 staffmembers ofDave Lopez and one safety official fromjob location. Dave Lopez may assign a safety observer ifone is notprovide 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, entitledAirworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Giventhe size and limited operating area associated sUASs, an exemptionfrom Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and §333 ofthe ReformAct. 111e FederalAviation Act (49 U.S.C.§4470 1 (f)) and 1 §333 ofthe ReformActboth authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports andpopulated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, inthe restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing orrotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operatedby Dave Lopez dbaDave LopezVideo and Photography is less than 55 lb. withmaximal payload consisting of cameras and carries neitherperson, carries no explosive
or flammable materials including combustible fuels, and operates exclusively within a secured
area. Unlike other civil aircraft, operations underthis exemptionwill be tightly controlled and monitored by boththe pilot (PIC), 'spotter' role designated to act as boththe remote sensing controller and secondary monitor for safety issues, and a technician, which assists inmatters 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 ofsafety to the public and property owners than conventional aircraft operations conductedwith airworthiness certificates issuedunder 14 C.P.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no intrinsic credible threat to national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, lack ofintrinsic explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. §45.23 (b). Marking oftheAircraftThe regulationrequires: Whenmarks include only the Roman capital letter "N" andthe registration number is displayed onlimited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display onthat aircraft near each entrance to the cabin, cockpit, orpilot station, in letters notless than 2 inches nor more than 6 inches high, the words "limited;' "restricted;' "lightsport;' "experimental;' or "provisional;' as applicable. Eventhoughthe 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 whichthe word "Experimental" canbeplaced. Giventhe size of the sUAS, two-inch lettering will be impossible. The word "Experimental" will beplaced onthe frame in compliance with §45.29 (f) at a size suitable for the available space.