April 10, 2015

U. S. Department ofTransportation Docket Management System 1200 New JerseyAve., SE Washington DC 20590 Dacoda J. Bartels 811Albertsons Pkwy, Suite C Broussard, LA 70518 Phone: (504) 458-4665 Email: dacoda.aerobotics@gmail.com

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b).

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act")and 14 C.F.R. Part 11, Dacoda Bartels, an operator of Unmanned Aircraft Systems ("UASs") for aerial photography and videography, hereby applies for an exemption from the Federal Aviation Regulations ("FARs") to allow commercial operation of his UASs. Dacoda Bartels, an FAA licensed Commercial Rotorcraft Pilot with Instrument rating (Certificate#3364961)'s requested exemption would permitthe operation of small, unmanned UAS undercontrolled and "sterile" conditions that are limited, predetermined, and provide greatersafety in connection with aircraft operations. As established by the exemptions already granted by the FAA, approval of Dacoda Bartels's exemption would enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to "

...establish requirements forthe safe operation of such aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. ·

The name and address ofthe applicant is: Dacoda Bartels Phone: 504-458-4665 Email: dacoda.aerobotics@gmail.com Address: 811 Albertsons Pkwy, Suite C Broussard, LA 70518U.S. DOT April10, 2015 Page2
Regulations from which the exemption is requested: 14 CFR 61.113(a) and (b) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151(a) 14 CFR 91.405(a) 14 CFR407(a)(1) 14 CFR409(a)(2) 14 CFR 417(a) and (b) UASs operated by Dacoda Bartels weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds of no morethan 50 knots, can hover, and can simultaneously movevertically and horizontally. Dacoda Bartels will only operate his UASs in line ofsight, below 400 feet, and will operate onlywith land owner's permission while in constant contact ofthe authority ofthat airspacevia cell phone and handheld VHF radio. Such operations will insure that the UAS will "not create a hazard to users ofthe national airspace system orthe public." Given the small size of Dacoda Bartels's UASs and the restricted sterile environment within which they will operate, Dacoda Bartels's UAS operations adhere to the Reform Act's safety requirements. Additionally, due to the size ofthe UASs and the limited areas in which theywill operate, approval ofthis application presents no national security issues. Based on the level ofsafety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant ofthe requested exemption is in the public interest. Accordingly, Dacoda Bartels respectfully requests thatthe FAA grant the requested exemption without delay.
Aircraft and Equivalent Level OfSafety The operating limitations proposed by Dacoda Bartels provide for at least an equivalent or higher level ofsafety because operations further enhance safety ofphotography and videography using conventional aircraft. The limitations and conditions include:
DThe UASs will weigh less than 55 pounds
D Flights will be operated within line ofsight of a pilot and/orobserver.
D Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur priorto the 30 minute limit. D Flights will be operated at an altitude of no more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.U.S. DOT April10, 2015 Page 3

D Minimum crewfor each operation will consist ofthe UAS Pilot, the Visual ObserverICamera Operator.
DA UAS pilotwill be an FAA licensed airman with at least a private pilot's certificate and third class medical. DA UAS Pilotwill be Pilot in Command (PIC). DThe UAS will only operate within a confined "Sterile Area".
DA briefing will be conducted for planned UAS operations priorto each day's flight. All personnel performing duties within the boundaries ofthe safety perimeter are required to attend.
DThe operatorwill file a FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, with the appropriate Flight Standards District Office ("FSDO").
DThe operatorwill obtain consent ofall persons involved in the video and/or photo and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation. This radius may be reduced to 30 feet based upon an equivalent level ofsafety determination. With the advanced permission ofthe FSDO, operations at closer range can be approved. DThe Pilot and observer must be trained in UAS operations and have received current information on the particular UAS to be operated.
DThe Observer and pilotwill at all times be able to communicate by voice and/ortext. There will also be a handheld VHF radio to be used at all times to monitorairtraffic. DWritten and/or oral permission from the relevant property holders will be obtained. DAll required permissions and permits will be obtained from territorial, state, county, or cityjurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. D Ifthe UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre-determined location within the Security Perimeterand land.
DThe UAS will havethe capability to abort a flight in case of unpredicted obstacles or emergencies.U.S. DOT April10, 2015 Page4
14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety of current operations by requiring the PIC operating the aircraftto have a private pilot's license ratherthan a commercial pilot's license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the use of a UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceeds the present level ofsafety sought by 14 C.F.R. §61.113 (a) and (b). 14 C.F.R. § 91.103: PreflightAction Section 91.103 requires each pilot to preflight an aircraft beforeflight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level ofsafetywill be provided. The PIC will take all actions, including review ofweather, flight battery requirements, landing and takeoffdistances, and aircraft performance data before commencement offlight. 14 C.F.R. §91.119(c): Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 provides, in pertinent part, that: "exceptwhen necessaryfortakeoff or landing, no person may operate an aircraft below the following altitudes:

..... (c) Overotherthan congested areas. An altitude of500 feet above the surface, except over open water orsparsely populated areas. In those cases, the aircraft may not be operated closerthan 500 feet to any person, vessel, vehicle, or structure." Because Dacoda Bartels's requests authority to operate at altitudes only up to 400 AGL, and not more than 200 above an elevated platform from which photography/videography is planned, an exemption is needed to allow such operations. The UAS will never operate higherthan 400 AGL. It will, however, be operated within a security perimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent. The equivalent level ofsafetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken withoutthe permission of property owners or local officials. Because ofthe advance notice to the property owners and participants in the filming activity, all affected individuals will be informed ofthe planned flight operations. Compared to flight operationsfor manned aircraft and the lack offlammable fuel, any risk associated with the proposed UAS operations is far less than conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe UAS will ensure separation between a UAS and conventional aircraft.U.S. DOT April10, 2015 Page 5
14 C.F.R. §91.121 AltimeterSettings Section 91.121 requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport oran appropriate altimetersetting available before departure."As a UAS may not have a barometric altimeter, but instead a GPS altitude data, an exemption is needed. An equivalent level ofsafetywill be achieved by the operator, confirming the altitude ofthe launch site shown on the GPS altitude indicator beforeflight. 14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecastweather conditions) there is enough fuel to flyto the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes

...." The battery powering Dacoda Bartels UASs provides approximately 22 minutes of powered flight. The UASwill be unable to meetthe 30-minute reserve requirement in 14 CFR §91.151. Given the limitations on the UAS's proposed flight area and its proposed operations within a predetermined location, a longertime frame forflight in daylightVFR conditions is reasonable. Furthermore, operating the UASs in atightly controlled areawhere only people, property owners, orofficial representatives who have signed waivers will be allowed, less than 30 minutes ofreserve fuel does not engenderthe type of riskthat §91.151(a) was intended to address. Dacoda Bartels believes that safety can be achieved by limiting flights to 15 minutes or 25% ofbattery power, whicheveroccursfirst. This restriction would be morethan adequate to return the UAS to its pre-determined landing zone from anywhere in its limited operating area. Dacoda Bartels is not seeking an exemption for night-time UAS operations. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator orownershall "have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliancewith Part43. Given thatthese sections and Part 43 apply onlyto aircraftwith an airworthiness certificate, these sections will not applyto Dacoda Bartels' operations. Maintenance will be accomplished by the operator. An equivalent level ofsafetywill be achieved becausethe UASs are limited in size, will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise, the UAS can land immediately and will be operating from no higherthan 400 feetAGL. The operatorwill ensure thatthe UAS is in working order priorto flight, perform any required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliarwith the UAS and best suited to maintain it in an airworthy condition.U.S. DOT April10, 2015 Page 6 Summaryfor Publication Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Dacoda Bartels seeks an exemption from the following rules: 14 C.F.R. 

### §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small unmanned vehicle (55 pounds or less) for photography and videography operations. As established bythe UAS exemptions already granted by the FAA, allowing commercial operations of UASsfor photo and video capturewill enhance safety by reducing risk. Conventional photography and videography operations, using turbine aircraft, operate at low altitudes and presentthe risks associated with aircraftthatweigh around 4,000 pounds, and which carry large amounts ofJetA fuel. Such aircraft must also fly to and from the photo/video location. In contrast, a UASweighing fewerthan 55 pounds and powered by batteries eliminates virtually all ofthat risk given the small size and lack ofcombustible fuel. The UAS is carried, and notflown, to a photo set. In this regard, the UAS carries no passengers orcrew and, therefore, will not expose them to the risks associatedwith manned flights. The operation of UASs conducted only by an FAA licensed full size aircraft pilot, creates a level ofsafety supporting the grant ofthe exemption requested herein. The UASs operate at slowspeeds, close to the ground, and in a sterile environment. As a result, they are farsafer than conventional operations conducted with turbine helicoptersflying nearthe ground and people. Privacy All flightswill occur over private orcontrolled access areas with the property owner's prior consent and knowledge. PhotosNideoswill be only ofpeople who have given their consent or otherwise have agreed to be in the area where photography/videographywill take place. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012 (size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security) provide morethan adequatejustification to grant Dacoda Bartels requested exemption, allowing for Dacoda Bartels's UAS commercial operations for photography and videography. Any questions or requests for additional information, please contactthe undersigned at 504-458-4665 orat dacoda.aerobotics@gmail.com Sincerelyyours,

**~.** ..



# ~~~~~-~ Dacoda J. Bartels