July 7, 2015

Jon C. Bolton II

4389 Dolly Court

Oviedo, FL 32765

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE., Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act Pursuant to section 333 of the 

FAA Modernization and Reform act of 2012 (The Reform Act), and 14 C.F.R. Part 11

The name and address of the applicant is: Orlando Drone Aerial Photography ATTN Jon 

Bolton II, 4389 Dolly Court, Oviedo, FL 32765, jon@inspectagator.com.

Orlando Drone Aerial Photography (ODAP), herby seeks and applies for an exemption to the 

Federal Aviation Regulations (FARs) to allow ODAP to operate Small Unmanned Aircraft 

Systems (sUAS) commercially in airspace regulated by the Federal Aviation Administration 

(FAA) under the conditions and limitations set forth in this petition. The requested 

exemption would permit Orlando Drone Aerial Photography to operate small, unmanned 

aircraft system (sUAS) for the purpose of providing an aerial photography and video service 

to private consumers. The intended areas of use will include both photo and video in the 

home inspection industry, real estate industry, construction industry and profit and nonprofit events. The sUAS will be operated in airspace that is 1) limited 2) predetermined 3) 

would provide safety enhancements to the already safe operations in the industry presently 

using conventional aircraft. Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportations responsibilities to “...establish requirements for the 

safe operation of such aircraft systems in the national airspace system” 

Regulations from which the exemption is requested (detailed in Appendix I) 14CFR Part 21 

14CFR 45.23 (b) 14CFR 61.113 (a) & (b) 14 CFR 61.3 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 

14 CFR 91.103 14CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 

91.203(a) & (b) 14 CFR 91.205 14 CFR 91.215 14 CFR 91.405 14 CFR 407 (a) (1) 14 CFR 

409 (a) (2) 14 CFR 417 (a) & (b) 

This petition for exemption is submitted to fulfill Congress’ goal under section 333(a) 

through (c) of the reform act directing the Secretary of Transportation to consider whether 

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

(NAS) before completion of the rulemaking required under section 332 of the reform act. In 

making this determination the Secretary of Transportation is required to determine which 

types of UASs do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following: 1) The UASs size, weight, speed, and operational 

capability 2) Operation of the UASs in close proximity to airports and populated areas; and 

3) Operation of the UASs within visual line of sight of the operator. Reform Act Section 333 

(a) If the Secretary of Transportation determines that such operation of vehicles “may 

operate safely in the national airspace system, the secretary shall establish requirements for 

the safe operation of such aircraft in the national airspace system.” ID section 333 (c) The 

Federal Aviation Act expressly grants the FAA the authority to grant exemption from it 

regulatory requirements for civil aircraft, as the term is defined under section 40101 of the 

federal Aviation Act which includes sUASs. The Secretary of Transportation and/or The 
Administrator of the Federal Aviation Administration (acting on behalf of the Secretary of 

transportation) may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of the Federal 

Aviation Act if the Administrator finds the exemption in the public interest. 49 USC section 

44701 (f) see also 49 USC section 44711 (a); 49 USC 44704; 49 14 CFR 91.203 (a) (1). 

Orlando Drone Aerial Photography is a new company owned by Jon C. Bolton II. Our goal is 

to provide a long term sustainable career opportunity with the use of sUASs for controlled 

commercial aerial photography and video while enhancing and supporting multiple other 

industries whereas this opportunity was previously unavailable or economically not feasible 

for small businesses. The sUAS will also be utilized in home and building inspections to 

access roofs that are either unsafe or exceed the capability of a standard 17’ ladder. In 

some cases we are unable to fulfill our inspection obligation because of these limiting 

factors. The sUAS will enable the inspector to do that. We typically never exceed 75’. 

The vehicle to be used will be the DJI Phanton 2 Vision+ (operation and flight training 

manual attached). While vehicles may be upgraded as new technological and safety 

advances occur, the bar for operation and safety will be set by DJI Phantom 2 Vision + and 

any new vehicles or versions will exceed the current safety and operational standards. No 

vehicle operated by ODAP will be modified from the manufacturers design unless specifically 

directed by the same manufacturer. Operational and safety guidelines: The sUASs will 

operate below 400 feet above ground level (AGL) and have a built in capability to restrict 

altitude. The distance the sUAS flies from the ground operator and restriction of flights in 

class B, C, and D airspace, including no fly zones shall be included in the software and 

hardware features and company policy. The sUAS has a built in failsafe to return to it point 

of launch should connection be disabled between the control and sUAS. The sUAS will return 

to its point of launch should the battery level fall below a safe level of 25%. The sUAS will 

go into hover mode holding at a stationary point in space should the operator become 

incapacitated or unable to use the controls at any time during the flight, eventually safely 

returning to its point of launch and landing safely. The sUAS will only be operated in line of 

sight from the operator. Safety is also enhanced by using a 7” tablet for greater clarity and 

view during flight and shade hoods for reduced glare. The approximate and maximum flight 

time of the sUAV will be 15-25 minutes. The sUAS will not exceed 55 lbs. nor will it exceed a 

maximum speed of 30 knots. All operators will be required to fully know and understand 

the regulations for flight as set forth in this petition and the FAA’s regulations. All operators 

will be required to know and understand that ODAP will in no way use its sUASs to conduct 

surveillance, spy, or in any way violate the expectation of privacy of anyone. All operators 

will undergo training on software use, preflight inspection, start up, take off, landing, safe 

navigation and emergency operation. All operators will be required to provide a written 

description in a provided log of each flight to include detailed preflight check list of sUAS 

components including battery charge, weather conditions, purpose of flight, area hazards 

prior to take off, and flight time. No sUAS will take flight with any mechanical, electrical, or 

software deficiency. The sUAS operator will have the flight and operation manual provided 

by the manufacturer in his possession during all flights. The sUAS will have navigational 

lighting to be visible by the operator at all times to determine location and orientation. The 

sUAS will at no time create a hazard to the National Airspace System or to the public. The 

sUAS shall be immediately grounded and yield right of way should any manned aircraft 

come within an unsafe proximity of the sUAS. 
The proposed operations satisfy the criteria provided in section 333 of the Reform Act 

relating to size, weight, operating capabilities, proximity to airports and populated areas, 

privacy, operation within visual line of sight, and national security. This provides adequate 

justification for the grant of the requested exemptions allowing commercial operation of 

applicant’s sUASs in aerial photography/videography for aerial data collection. This request 

is substantially similar to other data collection petitions previously approved, and should be 

considered under the expedited summary grant procedure.
Appendix I

14 CFR Part 21 regarding aircraft certification requirements and procedures is designed for 

manned aircraft and is not suitable for off the shelf sUASs. 

14 CFR 45.23 (b) requiring aircraft to be marked in 2” to 6” lettering is impossible, there is 

not sufficient space on the sUAS. 

14 CFR 61.113 (a) & (b) limiting pilots to non-commercial operations, referring to the PIC. 

The sUASs will not carry a pilot, a passenger, or cargo for compensation or hire. The 

operators training from the manufacturers manual creates a higher level of safety for the 

public as a Commercial Pilot’s certificate in no way provides specific safe operational training 

of a remote controlled sUAS tethered to the operator on the ground. 

14 CFR 61.3 requiring a pilot certification. Pilot certification is designed for manned aircraft, 

The operators training from the manufacturers manual creates a higher level of safety for 

the public as a Pilot’s certificate in no way provides specific safe operational training of a 

remote controlled sUAS tethered to the operator on the ground. 

14 CFR 91.7 (a) Civil Aircraft Airworthiness requirements. No airworthiness certificate is 

available for this aircraft. The sUASs will not be modified and will be inspected prior to any 

flight as outlined in this petition. 

14 CFR 91.9 (b) (2) requires that the flight manual be available in the aircraft. Given the 

size and the fact that the aircraft is unmanned this rule cannot apply in its current language. 

However, as outline in this petition, the flight manual will be in the possession of the 

operator during any flight. 

14 CFR 91.103 preflight action requirements for crew on board aircraft. While this is 

important to the safe flying of the sUAS it does not apply given its current language. We 

have included a similar, more comprehensive solution in our operational and safety 

guidelines, “All operators will be required to provide a written description in a provided log 

of each flight to include detailed preflight check list of sUAV components including battery 

charge, weather conditions, purpose of flight, area hazards prior to take off, and flight 

time.” 

14 CFR 91.109 requiring that no person shall operate a civil aircraft for flight instruction 

unless the aircraft has fully functioning dual controls. SUASs and Remote controlled aircraft 

by design do not have dual controls, to do so on a radio controlled aircraft would lower the 

ability to safely operate the sUAS. This section cannot reasonably apply. 

14 CFR 91.119 designating minimum safe altitudes. The sUASs operated by Orlando Drone 

Aerial Photography will not exceed an altitude of 400 feet AGL. This is below the altitude 

designated in this section. Also given the size, weight, and speed of the sUAS, the line of 

sight rule when operating, and the overall safeguards and restrictions in flight outlined in 

this petition maintain a higher level of safety to the public. 

14 CFR 91.121 regarding altimeter settings. A barometric altimeter is not provided on any 

sUAS. However a GPS altitude indicator is displayed to the operator at all times during 

flight. While an exemption to this regulation is requested a modification to meet the current 

technology of the sUASs would be acceptable. 
14 CFR 91.151 (a) Fuel requirements for flight. The maximum flight time under ideal 

conditions is 25 minutes with the current manufacturers battery pack. The proposed rule 

under the Operation and Safety guidelines in this petition requiring the sUAS to return to its 

point of launch if its battery reaches less than 25% provides a higher standard of safety 

when applied to sUASs. 

14 CFR 91.203(a) & (b) requiring that a civil aircraft certificate and registration be displayed 

at the cockpit entrance cannot apply to sUASs, there is no cockpit and the size limitations 

prevent this. 

14 CFR 91.205 refers to cockpit instruments and cannot reasonably apply to sUASs as there 

is no cockpit. 

14 CFR 91.215 requiring a transponder cannot reasonably apply to sUAVs operated by 

Orlando Drone Aerial Photography because they will be operated below ATC radar 

capabilities as outlined in this exemption request. 

14 CFR 91.405, 14 CFR 407 (a) (1) (2), 14 CFR 409 (a) (2), 14 CFR 417 (a) & (b) referring 

to maintenance, preventive maintenance, and alterations to the sUAV. The operator will 

provide minor maintenance and inspection to the sUAV, documented as outlined in the 

operational and safety guidelines. Given the size and simplicity of the sUAV combined with 

the operational and safety guidelines outlined in this petition the operator can maintain or 

exceed the required level of safety.