1

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

Phon e : ( 712 ) 260

- 7148 Foto Pros Studio

200 Grand Ave

. Spencer, Iowa 51301

( 712 ) 260

- 7148

fotopros@smunet.net

U. S. Department of Transportation Docket

Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Re: E xemption Request Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14

CFR 61.113 (a) & (b); 13 C.F.R. 61.133(a); 91.7 (a);91.9 (b) (2);91.103(b);

91.109;91.119; 91.121; 91.151(a);91.203 (a) & (b);91.405 (a); 91.407(a) (1);

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

Dear Sir(s)/Madam(s):

Pursuant to Section 333 of the FAA Modernization and Refor m Act of 2012 (“ Reform

Act ”) and 14 C.F.R. Part 11, Foto Pros Studio , an Iowa company, the operator of a DJI Phantom

2 Vision+ V3.0 (“ UA ”), seeks an exemption from the Federal Aviation Regulations (“ FARs ”) as

listed and discussed below.

Foto Pros Studio team has flown its UA

, for recreational /hobby purposes, for hundreds

of hours without incident

.

Foto Pr os Studio UA is equipped to take aerial videography and photography to enhance

awareness for those individuals and companies unfamiliar with the geographical layout of certain

areas and augment real estate listings and promote the use of certain real estat e properties which

provides an enhancement to academic research being performed in certain geographical areas

(“ purpose ”).

Foto Pros Studio exemption request will permit the operation of comparatively

inexpensive UAs in tightly controlled, predetermined a nd limited airspace. This2

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

Phon e : ( 712 ) 260

- 7148 airspace will include areas away from general public, airports, heliports and vehicular traffic for

community videos, and within property boundaries for real estate listing videos and photos.

Currently, similar lightweight, r emote controlled UAs are legally operated by unmonitored and

untrained amateur hobbyists with no safety plan or controls in place to prevent catastrophic events.

Foto Pros Studio has safety protocols and controls in place to avoid and prevent public

hazard s as well as preventing the interference with manned aircraft which could cause a hazard

or catastrophe. This acts to enhance safety protocols unique to Foto Pros Studio lightweight UAs

being utilized specifically for real estate /commercial videography and ph otography. Foto Pros

Studio hope s to be able to record flight data and other information gained through permitted

flight operations which may be shared with the FAA through any required FAA reports to assist

with the development of future FAA protocols and safety regulations.

The use of Foto Pros Studio UAs for these purposes reduces the need to operate

conventional aircraft, typically needed to perform these types of operations, provides an

economic benefit to the business consum er as the Foto Pros Stu dio UAs provides higher

quality imagery at a fraction of the cost of aerial videography and photography using

conventional aircraft. These savings result in not only enhanced efficiency and productivity for

the affected activities but added environmental a nd safety benefits to the public at large.

As described more fully below, Foto Pros Studio requested exemption would authorize

commercial operations of aerial videography and photography, using Foto Pros Studio UAs,

which will be operated under controlled conditions at an altitude of no greater than three

hundred (400) feet AGL in airspace that is limited in scope and will have automated control

features. Foto Pros Studio UAs wil l also be operated by an individual who has passed an FAA

approved ground trai ning exam, if required by the FAA. The primary operator Robert Bates is

also an FAA licensed private pilot. As outlined below, the airspace in which Foto Pros Studio

UAs will operate within will be disclosed to the FAA in advance to flig ht operation. Final ly, Foto

Pros Studio UAs will be used in lieu of comparatively hazardous operations now conducted with

fixed wing and rotary conventional aircraft which should reassure the FAA that these operations

will achieve at least an equivalent level or greater leve l of safety.

In the interest of economic efficiency and public safety, Foto Pros Studio hereby

respectfully applies for an exemption from the listed FARs to allow commercial operations of

Foto Pros Studio UAs, so long as such operations are conducted with in and under the conditions

outlined herein or as may be established by the FAA as required by Section 333. Approval of

this exemption would thereby enhance safety and fulfill the Secretary of Tran sportation’s

(“ Administrator ”) responsibilities under Secti on 333(c) of the Reform Act to3

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

Phon e : ( 712 ) 260

- 7148 “establish requirements for the safe operation of such aircraft systems in the national airspace

system.”

As discussed above and more fully described below, the requested exemption would permit

the operation of small, unman ned and relatively inexpensive UAs under controlled conditions in

airspace that is limited and predetermined. Approval of this exemption would thereby enhance

safety and fulfill the Administrator responsibilities to “...establish requirements for the safe

op eration of such aircraft systems in the national airspace system.” Please see Section 333(c) of

the Reform Act.

Additionally, the FAA has already granted a previous exemption which is essentially

identical to the exemption being sought by Foto Pros Studio

. Please see FAA Exemption No.

11138.

The name and address of the applicant is:

Robert Bates dba Foto Pros Studio

200 Grand Ave.

Spencer, Iowa 51301

(712) 260

- 7148

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113 (a) & (b)

13 C.F.R. 61.133(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b)(2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)

14 C.F.R. 91.409(a)(2)4

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

Phon e : ( 712 ) 260

- 7148 14 C. F.R. 91.417(a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to

consider whether certain unmanned aircraft system s 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 is required to determine which types of UAs do not

create a hazard to u sers of the NAS or the public or pose a threat to national security in light of the

following:

• The UA’s size, weight, speed, and operational capability;

• Operation of the UAs in close proximity to airports and populated areas; and

• Operation of the UAs with in visual line of sight (“ VLOS ”) of the operator.

Reform Act § 333 (a).

Lastly, if th e Secretary determines that such vehicles “may operate safely in the national

airspace system, the Secretary shall establish requirements for the safe operation of such ai rcraft

in the national airspace system.” Id. §333(c) (emphasis added). 1

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority by its terms includes exempting civil aircraft, as the term is defined un der

§40101 of the Act, which includes UAs, from the requirement that all civil aircraft must have a

current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed

under subsection (a) or (b) of thi s section or any sections 44702

- 44716 of this title if the

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f). See also 49 USC

§44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

Foto Pros Studio UAs are rotorcraft weighing les s than five (5) pounds (2.26796 Kg)

including energy source(s), equipment and any payload. They operate, under normal conditions at

a ground speed of no more than thirty (30) knots and have the capability to hover, and move in

the vertical and horizontal p lane simultaneously. The UAs will operate only in line of

1 Foto Pros Studio interprets this provision to place the duty on the Administrator to not only process

applications for exemptions under section 333, but for the Adm inistrator to craft conditions for the safe

operation of the UA, if it should be determined that the conditions set forth herein do not fulfill the statutory

requirements for approval. 3 Reform Act Section 333 (b).5

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

Phon e : ( 712 ) 260

- 7148 sight and within safe. Such operations w ill insure that the UA will “not create a hazard to users

of the national airspace system or the public.” 3

Given the small size of the UAs involved and the restricted environment within which they

will operate, Foto Pros Studio falls squarely within that z one of safety (an equivalent level of

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial

operations of UAs to commence immediately. Also due to the size of the UAs and the restricted

areas in which the relevant UAs will operate, approval of the application presents no national

security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained

in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the

pr oposed operations, and the significant public benefit, including enhanced safety, reduction in

environmental impacts, including reduced emissions associated with allowing UAs for aerial

videography and photography operations, the grant of the requested exe mptions is in the public

interest. Additionally, there is economic efficiency created with the use of Foto Pros Studio

UAs as the ty pical cost to perform aerial videography and photography with helicopters and

airplanes heavily multiplies the cost to busin ess consumers and government agencies, including

law enforcement, for the services which are to be provided by Foto Pros Studio

.

THE EXTENT AND BASIS OF THE RELIEF SOUGHT BY FOTO PROS STUDIO

Foto Pros Studio submits this application in accordance with the Reform Act, 112 P.L. 95

§§ 331

- 334, seeking relief from any currently applicable FARs operating that presently prevents

Foto Pros Studio from contemplated commercial video

- graphic, photographic and other flight

operations within the national airspace system. The Reform Act in Section 332 provides for

such integration of civil unmanned aircraft systems into our national airspace system as it is i n

the public’s interest to do so. Foto Pros Studio UAs meet the de finition of “small unmanned

aircraft” as defined in Section 331 and therefore the integration of Foto Pros Studio ultralight

weight UAs is expressly contemplated by the Reform Act. Foto Pros Studio would like to operate

its ultralig ht weight UAs prior to the time period by which the Reform Act requires the FAA to

promulgate rules governing such craft. Thereby, providing direct experience and valuable

information for formal regulation that can be administered uniformly to all real est ate related

UA aerial videography and photography. The Reform Act guides the Administrator in

determining the types of UAs that may operate safely in our national airspace system. These

considerations include: weight, size, speed and overall capabilities o f the UAs; whether the UAs

will be operated near airports or heavily populated areas and; whether the UAs will be operated

by line of sight. 4 Each of these items is favorable to the grant of an exemption to Foto Pros

Studio

. Foto Pros Studio UAs utilize four (4) counter

- rotating propellers for balance, control

and stability. Foto Pros Studio UAs are equipped with GPS and auto return safety technology.

Foto Pros Studio UAs weigh less than five (5) pounds inc luding camera and gimbal assembly.6

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

Phon e : ( 712 ) 260

- 7148 4 112 P.L. 95 § 333 (a).

Foto Pros Studio puts safety first when considering any UA flight. Foto Pros Studio small

UAs are designed to hover in place via GPS and operate in less than a 24 knot ( 27 mph) wind. In

order to increase safety plus stability and limit harm and financial loss of property, Foto Pros

Studio will not fly its UAs in winds exceeding 15 knots (17 mph). Foto Pros Studio established

safety systems include a GPS mode that allows its UAs to hover in place when radio con trols are

released. Foto Pros Studio UAs have three modes to choose from, Foto Pros Studio utilizes the

Intelligent Orientation Control (IOC) Flight (with GPS & compass module) 5 for aerial

videography and photography. This mode is the safest, most reliable and stable mode to prevent

accidents and being a hazard to others. When pilot communication is lost, Foto Pros Studio UAs

are designed to return then slowl y descend to the point of takeoff. Foto Pros Studio does not

operate its UAs near airports, hospitals, police heliports or news channel heliports. Foto Pros

Studio does not operate its UAs in areas where general public is within fifty (50) to one

hundred (100) yards depending on location, condi tions and weather. Foto Pros Studio pilots and

observers are constantly on alert for any manned aircraft and prepared to immediately abort and

land the UA at the nearest and safest g round point in the event a manned aircraft approaches or

the Foto Pros Studio pilot or observer suspects a manned aircraft may approach the operating

area of a Foto Pros Studio UA. Foto Pros Studio UAs are capable of vert ical and horizontal

operations, and are flown only within my line of sight of the pilot. Foto Pros Studio UA flights

generally last fifteen (15) minutes with an altitude under three hundred (300) and utilize battery

power rather than combustib le fuels. Foto Pros Studio does not operate its UAs below the

manufacturer’s recommended minimum charge levels for operation preferring to remain well

within a safe operating range to insure adequate communication between radio control and the

U As to eliminate potential for crashes, loss of control or hazard. Fully charged reserve batteries

are on hand with to insure replacement for a sufficiently safe level of operation. Foto Pros Studio

operates very conservatively and does believe i n taking risks that may cause a crash or that could

create hazard to the public, property and manned aircraft. Foto Pros Studio pilots have logged

numerous practice flights in order to simulate flights for future commercial use to gain

familia rization with the characteristics of this specific UA’s pe rformance under different

temperature and weather conditions. Once again t he primary operator Robert Bates is also an

FAA licensed private pilot.

Foto Pros Studio is extremely cautious when operating of its UAs and will not “create a

hazard to users of the national airs pace system or the public.” 6 Given the small size7

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

Phon e : ( 712 ) 260

- 7148 and w eight of Foto Pros Studio UAs, they fall well within Congress’s contemplated safety zone

when it promulgated the Reform Act and the corresponding directive to integrate UAs into the

nat ional airspace system. Foto Pros Studio UAs, utilized in hobby flight, has a demonstrable

safety record and do not pose any threat to the general public or national security.

5 Intelligent Orientation Control (IOC) Flight (with GPS & compass module) includes safe circle for

operation, position hold, self

- leveling, altitude command, GPS, return home feature, and safety control to return

home or land in the event of communication interruption between RC transmitter and UAS. See Exhibit “1”

– DJI

Phantom 2Vision+ http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.6_en.pdf

. 6 112 P.L. 95 §

333 (b).

FOTO PROS STUDIO R EQUEST WILL BENEFIT THE PUBLIC AT LARGE

Aerial videography and photography for geographical awareness and for commercial / real

estate marketing and promotion has been around for a long time through the use of manned fixed

wing aircraft and helicopters. The challenge for smaller real estate companies and average

landowners is that the expense related to manned videography and photography is cost

prohibitive. Typically, only large business es, large high end real estate companies and high net

worth landowners are able to absorb such an enormous expense. This deprives non

- luxury

landowners and small revenue real estate companies from the enjoying the benefit of this

valuable marketing and pro motional tool. Manned aircraft pose a clear threat to the general public

through potential catastrophic crashes that may occur. There are many documented events where a

manned aircraft has crashed into populated areas with the size and combustibility of th ese

manned aircraft causing large property damage, human injuries and loss of life. Foto Pros

Studio UAs pose no such threat since size and lack of combustible fuel alleviates any of these

potential threat to the public.

With the passage of t he Reform Act, Congress has already proclaimed that it is in the

public’s interest to integrate commercially flown UAs into the national airspace system. The grant

of the exemption request by Foto Pros Studio furthers the public interest t hrough academic and

visual awareness of the geographical benefits of certain areas and by making this cost effective

alternative available to small real estate companies and the average landowner. Foto Pros Studio

ultralight UAs are battery po wered and create no emissions that may harm the environment. In

the unlikely event of a Foto Pros Studio UA crash, the consequence is far less than a full size

helicopter or fixed wing aircraft, which are heavy and contain combustible fuel, crashing a nd

causing catastrophic devastation to the public.

The public’s interest is furthered as Foto Pros Studio minimizes ecological and crash8

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

Phon e : ( 712 ) 260

- 7148 threat by permitting aerial videography and photography captured through Foto Pros Studio

bat tery operated ultralight UA’s. Permitting Foto Pros Studio to immediately fly within national

air space furthers not only public safety but economic growth. Granting Foto Pros Studio

exemption request substantially furthers the econ omic impact for any community and for

companies looking to relocate or build in a certain community as well as individuals looking to

relocate to a community for career advancement through academic and geographical awareness

provided by Foto Pros Studio . In the end, the granting of this exemption to Foto Pros Studio

will serve as a benefit and stimulus to any community.

FOTO PROS STUDIO EXEMPTION WILL NOT ADVERSE LY AFFECT

SAFETY AND WILL PROVIDE A LEVEL OF SAFETY AT

LEAST EQUAL TO EXISTING FAA STANDARDS

Foto Pros Studio exemption will not adversely affect safety, as it will in fact enhance

safety. Foto Pros Studio ability to log significant, controlled and monitored flight time i n FAA

contr olled airspace will allow Foto Pros Studio to contribute to the innovation and

implementation of new, novel and undiscovered safety protocols for realtors that may be

embraced by the NAR 2 through consistent and ongoing cooperation with the FAA.

Additionally, the FAA may utilize the new safety protocols for the use of UAs in FAA controlled

airspace for all industries.

Foto Pros Studio submits the following representations of enhancements to current aerial

videography and photography:

Foto Pros Studio UAs weigh less than 5 pounds (2.26796 Kg) complete with the camera

and gimbal assembly;

Foto Pros Studio will only operate its UAs below three hundred (300) feet which is

well within the four hundred (400) feet ce iling having been established by the Reform

Act of 2012;

Foto Pros Studio UAs only operate for fifteen (15) minutes per flight; Foto Pros Studio

lands its UAs prior to manufacturer’s recommended minimum level of battery power;

Foto Pros Studio pilots operate the UAs through Visual Line of Sight only;

2 National Association of Realtors

, http://www.realtor.org /9

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

Phon e : ( 712 ) 260

- 7148 Foto Pros Studio UAs have a GPS flight safety feature whereby the UA hovers and

then slowly lands if communication with the pilot is lost;

Foto Pros Studio actively analyzes its flight data and other sources of information t o

constantly update and enhance its safety protocols;

Foto Pros Studio only operates in reasonably safe environments which are strictly

controlled and away from power lines, elevated lights, airports and actively populated areas;

Foto Pros Studio conducts extensive pre

- flight inspections and protocol to ensure safety

remains the primary concern;

Foto Pros Studio always obtains all necessary permissions from the FAA and landowners

prior to the operation its UAs and;

Foto Pros Studio has established safety procedures in place to abort flights in the event of

safety breaches or any potential danger.

Foto Pros Studio safety protocols provide a level of safety equal to or exceeding existing

FAA rules. It is important to note that absent the integration of commercial UAs into our

national airspace system, manned fixed wing airplanes and helicopters are the primary

means of aerial videography and photography for community awareness and real estate uses.

W hile the safety record of such helicopters is outstanding, there have been incidents involving loss

of life as well as extensive property damage due to crashes of these manned aircraft and it is far

safer and less expensive to operate a battery powered Foto Pros Studio ultralight UAs to

accomplish the same task. The potential for loss of life is great diminished with a UA as Foto

Pros Studio UAs carry no people or fuel on board and the UAs are also very small and versatile

which al lows Foto Pros Studio to avoid hazards quickly and safely.

Accordingly, Foto Pros Studio respectfully requests that the FAA grant the requested

exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Foto Pros Studio proposes that the exemption requested herein apply to civil aircraft that

have the characteristics and that operate with the limitations listed herein. These limitations

provide for at least an equivalent or even higher level of safety to operations under the current

regulatory structure because the proposed operations represent a safety enhancement to the

operations conducted with conventional aircraft. The FAA has noted in past exemptions that

“Conventional aerial video operat ions, using jet or pist on

- powered aircraft present risks associated

with aircraft that weigh in the neighborhood of 5,000 to 7,000 pounds or more, carry large10

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

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- 7148 quantities of fuel, passengers, and, in some cases, cargo. Such aircraft must fly to and from the

survey location. Plea se see FAA Exemption 11110.

These limitations and conditions to which Foto Pros Studio agrees to be bound when

conducting all operations under an FAA issued exemption include:

1. The UAs will weigh less than five (5) pounds (2.26796 Kg).

2. Maximum total flight time for each operational flight will be fifteen (15) minutes.

Flights will be terminated at thirty percent (30%) battery power reserve should that

occur prior to the fifteen (15) minute limit.

3. Flights will be operated at an altitude of no mor e than three hundred (300) feet AGL.

4. Minimum crew for each operation will consist of the UA Pilot and a Visual Observer

(“ VO ”).

5. The UAs will only operate within a safe area.

6. A briefing will be conducted with regard to the planned UA operations prior to fli ght

operations. It will be mandatory that all personnel who will be performing duties

with regard to the flight operations be present for this briefing.

7. The Pilot and VO will have been trained in operation of UAs generally and received

up

- to

- date informati on on the particular UA to be operated and the UA will be

operated in conformity with Foto Pros Studio protocols.

8. The PILOT and VO will at all times be able to communicate via voice

communication.

9. Written and/or oral permission from the releva nt property holder(s), or their

authorized representative(s), will be obtained.

10. All required permissions and permits will be obtained from territorial, state, county

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

governm ental agencies.

11. If the UA loses communications or loses its GPS signal, the UA will return to the

launch site of the UA, or another more appropriate site, and land.

12. The UA will have the capability to abort a flight in case of unpredicted obstacles or

emerg encies.

14 C.F.R. PART 21, SUBPART H:

AIRWORTHINESS CERTIFICATES 14 C.F.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 with the aircraft to be utilize d by Foto Pros Studio

, an

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under11

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

Phon e : ( 712 ) 260

- 7148 Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for

an airworthiness certificate, upon consideration of the size, weight, speed, operational capabil ity,

and proximity to airports and populated areas of the particular UA. In all cases, an analysis of

these criteria demonstrates that the UA operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed wil l 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 UAs to be operated hereunder is less than five (5) pounds (2.26796 K g) fully loaded,

carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and

operates exclusively within a secured area. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and mo nitored by both the operator, and under the

requirements and in compliance with local public safety requirements, to provide security for the

area of operation as is now done with conventional aerial videography and photography. Lastly,

application of thes e same criteria demonstrates that there is no credible threat to national security

posed by the UAs, due to its size, speed of operation, location of operation, lack of explosive

materials or flammable liquid fuels, and inability to carry a substantial ext ernal 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

p rovisionally 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," "light

- sport,"

"experimental," or "provisional," as applicable.

Even though the UAs will have no airworthiness certificate, an exemption may be needed

as the UAs will have no entrance to the cabin, cockpit or pilot station on which the words "limited,"

"restricted," "l ight

- sport," "experimental," or "provisional," may be placed. Given the size of the

UAs, two

- inch lettering will be impossible. The word “experimental,” or any other term as is so

required, will be placed on the fuselage of the UAs in compliance with §45.2 9 (f).

The equivalent level of safety will be provided by having the UAs marked on its fuselage

as required by §45.29 (f) where the pilot, observer and others working with the UAs will see the

identification of the UAs as “Experimental.” The FAA has issue d the following exemptions to this

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.12

Foto Pros Studio

, 200 Grand Ave.

, Spencer, Iowa 51301

Phon e : ( 712 ) 260

- 7148 14 C.F.R. § 61.113(A) & (B); 61.133(A): PRIVATE PILOT PRIVILEGES

ANDLIMITATIONS; PILOT IN COMMAND; COMMERCIAL PILOT PRIVILEGES

AND LIMITATIONS: PILOT IN COMM AND

Section 61.113(a) & (b) limit private pilots to non

- commercial operations. Unlike a

conventional aircraft that carries a pilot, passengers, and cargo, the UA in this case is remotely

controlled with no passengers or property of others on board. Sectio n 61.133(a) requires an

individual with a commercial pilot’s license to be pilot in command of an aircraft for

compensation or hire. Foto Pros Studio respectfully proposes that operator requirements should

take into account the characteristics o f the particular UA. Foto Pros Studio UAs have various

built

- in technical capabilities that strictly limit the potential for operation outside of the

operating conditions set forth in the exemption application including a fly back to launch po int

to terminate the flight. Since hobbyists are not required to have a pilot license, Foto Pros Studio

requests exemption for the need of the pilot to be licensed as a pilot by the FAA.

• Detection of lost GPS or of insufficient satellites initi ates an immediate return to launch

location.

• Low power on the aircraft triggers escalating alarms at 30% and 15% levels.

• The aircraft weighs less than five (5) pounds (2.26796 Kg), fully loaded.

Given these safety features, Foto Pros Studio pro poses that op erators of the UAs should

only be required to hold a private pilot’s license and not a commercial pilot’s license. T he

prima ry operator R obert Bates is an FAA licensed private pilot.

Foto Pros Studio notes that the FAA has found that safety factors permitted operation of

UAs by operators with these qualifications in the case of operations pursuant to public

COAs where the mandatory operating conditions specified above are present. Please see

Federal Aviation Administration, Notice N

- 8900.227, Unmanned Aircraft Systems (UAS)

Operational Approval, at 20

- 21 (July 30, 2013). The FAA has the statutory authority, granted at

49 U.S.C.§44701(f) to waive the pilot requirements for commercial operations.

Given these conditions and restrictions, an equivalent level of safety will be provided by

allowing operat ion of Foto Pros Studio UAs without a commercial pilot’s license, under the

conditions set forth herein.

The r isks associated with the operation of Foto Pros Studio UAs (given its size, speed,

operational capabilities, and lack o f combustible fuel) are so diminished from the level of risk13

Foto Pros Studio

, 200 Grand Ave.

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- 7148 associated with private pilot operations or commercial operations contemplated by Part 61

with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAs as set

forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) &

(b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under

§61.133(a).

Sections 61.113 (a) & (b) limit private pilots to non

- c ommercial operations. Because the

UAs will not carry a pilot or passengers, the proposed operations can achieve the equivalent level

of safety of current operations by requiring the PILOT operating the aircraft to have a private

pilot’s license rather than a commercial pilot’s license to operate these small UAs. Unlike a

conventional aircraft that carries the pilot and passengers, the UAs are remotely controlled with no

living thing on board. The area of operation is controlled and restricted, and all fligh ts are planned

and coordinated in advance. The level of safety provided by Foto Pros Studio exceeds that

pro vided by a single individual holding a commercial pilot’s certificate operating a conventional

aircraft. The risks associated with the operation of the UAs are so diminished from the level of

risk associated with commercial operations contemplated by Part 61 when drafted, that allowing

operations of the UAs as requested with a private pilot as the PILOT exceeds the present level of

safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(A): CIVIL AIRCRAFT AIRWORTHINESS

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for t he aircraft, should this

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given

the size of the aircraft and the requirements for maintenance and use of safety check lists prior to

each flight.

14 C.F.R. § 91.9 (B ) (2): CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT

Section 91.9 (b) (2) provides:

No person may operate a U.S. registered civil aircraft

...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of

this chapter, unless there is a vailable in the aircraft a current approved airplane or

Rotorcraft Flight Manual, approved manual material, markings, and placards, or

any combination thereof.14

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- 7148 The UAs, given their size and configuration has no ability or place to carry such a flight

manu al on the aircraft, not only because there is no pilot on board, but because there is no room or

capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping at the ground control point

where the pilot flyin g the UAs will have immediate access to it. The FAA has issued the following

exemptions to this regulation: Please see FAA Exemption Nos. 8607, 8737, 8738, 9299, 9299A,

9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: PREFLIGHT ACT ION

This regulation requires each pilot in command to take certain actions before flight to insure

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft

an exemption will be needed. An equivalent level of sa fety will be provided. The PILOT will take

all actions including reviewing weather, flight battery requirements, landing and takeoff distances

and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: FLIGHT INSTRUCTION

Section 91.109 provides that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls.

UAs and remotely piloted aircraft, by their design do not have fully f unctional dual controls.

Flight control is accomplished through the use of a control box that communicates with the aircraft

via radio communications. The FAA has approved exemptions for flight training without fully

functional dual controls for a number o f aircraft and for flight instruction in experimental aircraft.

Please see FAA Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided as

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircr aft.

14 C.F.R. §91.119: MINIMUM SAFE ALTITUDES

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d)

allows helicopters to be operated at less than the minimums prescribed, provided the person

operating the helicopt er complies with any route or altitudes prescribed for helicopters by the FAA.

As this exemption is for UAs that are a helicopter and the exemption requests authority to operate

at altitudes up to three hundred (300) feet AGL, an exemption may be needed to allow such

operations. As set forth herein, except for the limited conditions, the UAs will never operate at

higher than three hundred (300) feet AGL. It will however be operated in a restricted area with15

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- 7148 security perimeter, where buildings and people wi ll not be exposed to operations without their pre

obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAs as

well as the location where it is operated. No flight will be taken without the permission of t he

property owner or local officials. Because of the advance notice to the property owner(s), or their

authorized representative(s), all affected individuals will be aware of the planned flight operations.

When one compares the flight operations proposed h erein with aircraft or rotorcraft weighing far

in excess of the less than five (5) pounds (2.26796 Kg) and the lack of flammable fuel, any risk

associated with these proposed operations is far less than those presently presented with

conventional aircraft operating at or below five hundred (500) feet AGL. In addition, the low

altitude operations of the UAs will ensure separation between these small UAs operations and the

operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.121 ALTIMETER SETTINGS

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate

altimet er setting available before de parture.” As the UA may not have a barometric altimeter, but

instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will

be achieved by the operator, confirming the altitude of the launch site shown on the GPS altitude

i ndicator before flight.

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 forecast weather conditions ) there is enough fuel to

fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the

day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

Foto Pros Studio believes that an equivalent level of safety can be achieved by limiting

flights to fifteen (15) minutes or thirty percent (30%) of battery power whichever happens first.

This restriction would be more than adequate to return the UAs to their planned l anding zone from

anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F,

5745, 10673, and 10808.16

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- 7148 14 C.F.R. §91.203 (A) AND (B): CARRYING CIVIL

AIRCRAFT CERTIFICATION AND REGISTRATION

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it

has within it the following:

(1) An appropriate and current airworthiness certificate. . .

.

(b) No person may operate a civil aircraft unless the airworthiness certificate required

by paragraph (a) of this section or a special flight authorization issued under

§91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

The UAs fully loaded weight i s no greater than five (5) pounds (2.26796 Kg) and is

operated without an onboard pilot. As such, there is no ability or place to carry certification and

registration documents or to display them on the UA.

An equivalent level of safety will be achieved b y keeping these documents at the ground

control point where the pilot flying the UA will have immediate access to them to the extent they

are applicable to the UA. The FAA has issued numerous exemptions to this regulation. A

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A,

9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (A); 407 (A) (1); 409 (A) (2); 417(A) & (B):

MAINTENANCE INSPECTIONS

These regulations requi re that an aircraft operator or owner “shall have tha t aircraft

inspected as prescribed in subpart E of this part and shall between required inspections, except as

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of

this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to Foto Pros Studio . Maintenance will be accomplished by the

operator pursuant to the flight manual and operating handbook. An equivalent level of safety will

be achieved because these small UAs are very limited in size and will carry a small payload and

operate only in restricted areas for limited periods of time. If mecha nical issues arise the UAs

may land immediately and will be operating from no higher than three

- hundred (300) feet AGL.17

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- 7148 The operator will ensure that the UAs are in working order prior to initiating flight, perform

required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy

condition to provide the equivalent level of safety.

*********

Pursuant to 14 C.F.R. Part 11, the fol lowing summary is provided for publication in the

Federal Register, should it be determined that publication is needed:

Foto Pros Studio seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.11 3( a) & (b);91.7 (a); 91.9

(b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407

(a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small

unmanned vehicle weighing less than fifty

- five (55) pounds (25 Kg) in its operations.

Approval of exemptions allowing commercial operations of UAs in the purposes outlined

above (or similar operations) will enhance safety by reducing risk. Conventional aerial

videography and photography operations, u sing jet or piston power aircraft, operate at extremely

low altitudes just feet from the object being photographed and often in extreme proximity to people

and structures; and present the risks associated with vehicles that weigh in the neighborhood of

fou r thousand (4,000) pounds, carrying large amounts of jet A or other fuel (one hundred and forty

(140) gallons for jet helicopters). Such aircraft must fly to and from the site’s location. In contrast,

a UA weighing less than five (5) pounds (2.26796 Kg) pounds a nd powered by batteries eliminates

virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The

UA is carried to the site of the purposes outlined above (or similar operations) and not flown to the

site. The UA will carry no passengers or crew and, therefore, will not expose them to the risks

associated with manned aircraft flights.

The operation of small UAs, weighing less than five (5) pounds (2.26796 Kg), conducted

in the strict conditions outlined above, will pro vide an equivalent level of safety supporting the

grant of the exemptions requested herein, including exempting Foto Pros Studio from the

requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at

slow spee ds, close to the ground, and in a sterile environment and, as a result, are far safer than

conventional operations conducted with turbine helicopters operating in close proximity to the

ground and people.

PRIVACY

All flights will occur over private, contr olled or approved property with the property18

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- 7148 owner’s, or their authorized representative, prior consent and knowledge. The aerial videography

and photography will be of structures and property whose owner, or authorized representative, has

consented to t he aerial videography and photography or otherwise have agreed to be in the area

where aerial videography and photography will take place. The grant of this exemption request

will provide improved safety in all operations.

Satisfaction of the criteria pro vided in Section 333 of the Reform Act of 2012

- size, weight,

speed, operating capabilities, proximity to airports and populated areas and operation within visual

line of sight and national security

– provide more than adequate justification for the grant ing of the

requested exemptions allowing commercial operation of Michael’s Drone Photography’s UAs.

SUMMARY O F FOTO PROS STUDIO REQUE ST FOR AN FAA EXEMPTION

1. Foto Pros Studio UAs must weigh less than five (5) pounds (2.26796 Kg),

including energy source(s) and equipment. Operations authorized by the grant of an exemption are

limited to the following aircraft: Foto Pros Studio UA aircraft variant, bearing serial

#PH645 496608 V3.0 onward as additional UAs are utilized b y Foto Pros Studio provided the

additional UAs are of the same or similar specifications as the UA bearing serial #PH645 496608

V3.0 . Any proposed operations of any other aircraft will require a new petition or a petition to

amend this grant.

2. Foto Pros Studio UAs may not be flown at a ground speed exceeding thirty (30)

knots.

3. Foto Pros Studio flights must be operated at an altitude of no more than three

hundred (300) feet above ground level (AGL), as indicated by the proced ures. All altitudes

reported to ATC must be in feet AGL.

4. Foto Pros Studio UAs must be operated within the VLOS of the PILOT at all

times. This requires the PILOT to be able to use human vision unaided by any device other than

corrective lense s.

5. All Foto Pros Studio operations must utilize a VO. The VO may be used to

satisfy the VLOS requirement as long as the PILOT always maintains VLOS capability. The VO

and PILOT must be able to communicate verbally at all times.

6. Prior to each f

light the PILOT must inspect the UA to ensure it is in a condition for

safe flight. If the inspection reveals a condition that affects the safe operation of the UA, the aircraft

is prohibited from operating until the necessary maintenance has been performe d and the UA is19

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- 7148 found to be in a condition for safe flight. A Ground Control Station, if utilized, must be included

in the preflight inspection. All maintenance and alterations must be properly documented in the

aircraft records.

7. Any UA that has undergon e maintenance or alterations that affect the UA’s

operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a

functional test flight. The PILOT who conducts the functional test flight must make an entry in the

UA’s aircraft records of the flight.

8. Foto Pros Studio must follow the manufacturer’s UA aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable,

aircraft maintenance/component/overhaul, repl acement, and inspection/maintenance

requirements must be established and identified. At a minimum, requirements for the following

may be included in protocols and controls to be established by Foto Pros Studio :

a. Actuators/Servos;

b. Transmission (s ingle rotor);

c. Power plant (motors);

d. Propellers;

e. Electronic speed controller;

f. Batteries;

g. Mechanical dynamic components (single rotor);

h. Remote command and control;

i. Ground control station (if used); and

j. Any other components as determined by Foto Pros Studio

.

10. Prior to operations conducted for the purposes outlined above (or similar

operations), the PILOT must have accumulated and logged, in a manner consistent with 14 CFR §

61.51(b), a minimum of twenty

- five (25) hours of total time as a UA rotorcra ft pilot (single blade

or multi

- rotor) and at least ten (10) hours logged as a UA pilot with multi

- rotor UA which is similar

to the UA to be utilized pursuant to this exemption. Prior documented flight experience that was

obtained in compliance with applic able regulations may satisfy this requirement. Training,

proficiency, and experience

- building flights must be conducted under an exemption to accomplish

the required flight cycles and flight time. During training, proficiency, and experience

- building

fligh ts, all persons not essential for flight operations are considered nonparticipants, and the PILOT

must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR §

91.119.20

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- 7148 11. Prior to operations conducted for the purposes outlin ed above (or similar

operations), the PILOT must have accumulated and logged, in a manner consistent with 14 CFR §

61.51(b), a minimum of five (5) hours as a UA pilot operating the make and model of UAs to be

utilized for operations under the exemption and three (3) take

- offs and three (3) landings in the

preceding ninety (90) days. Training, proficiency, experience

- building, and take

- off and landing

currency flights can be conducted under the grant of exemption to accomplish the required flight

time and ni nety (90) day currency. During training, proficiency, experience

- building, and take

- off

and landing currency flights all persons not essential for flight operations are considered

nonparticipants, and the PILOT must operate the UA with appropriate distance from

nonparticipants in accordance with 14 CFR § 91.119.

12. Foto Pros Studio shall not permit the PILOT to operate the UAS for the purpose

of aerial videography or photography (or similar operations), unless the PILOT has demonstrated

and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in

a manner consistent with how the UAS will be operated under this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from people, v essels,

vehicles and structures.

13. The UA may not be operated directly over any person, except authorized and

consenting personnel and persons, below an altitude that is hazardous to persons or property on

the surface in the event of a UA’s failure or an em ergency.

14. At all times, those persons must be essential to the purposes outlined above (or

similar operations). Because these procedures are specific to participating persons, no further

FSDO or aviation safety inspector approval is necessary for reduction s to the distances specified

in Foto Pros Studio manuals.

15. Foto Pros Studio flight operations must be conducted at least 500 feet from all

nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. If a

situation arises where nonparticipating persons leave such protection and are

within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted permissi on21

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- 7148 and the PILOT has made a safety assessment of the risk of operating closer to

those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PILOT, VO, operator trainees or essential persons do

not present an undue hazard to those persons per § 91.119(a).

16. If the UAs lose communications or loses its GPS signal, the UAs must return to a

pre

- determined location within the security perimeter and land or be recovered.

17. The UAs must abort the flight in the event of unpre dicted obstacles or emergencies.

18. Each UA operation must be completed within fifteen (15) minutes flight time or

with thirty percent (30%) battery power remaining, whichever occurs first.

19. Foto Pros Studio must obtain an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA) prior to conducting any operations under this grant of

exemption. This COA will also require Foto Pros Studio to request a Notice to Airman

(NOTAM) not more than seventy

- two (72) hours i n advance, but not less than forty

- eight (48)

hours prior to the operation.

20. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification (N

- Number)

mark ings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

21. Foto Pros Studio has developed procedures to document and maintain a record of

the UA’s maintenance, preventative maintenance, alterations, status of r eplacement/overhaul

component parts, and the total time in service of the UAs.

22. Each UA operated under this exemption must comply with all manufacturer Safety

Bulletins.

23. The preflight inspection section in Foto Pros Studio Confidential Protoc ols and

Controls Exhibit includes the following requirement: The preflight inspection must account for

all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant

preflight inspection.

24. Before conducting operations, the radio frequency spectrum used for operation and

control of the UA must comply with the Federal Communications Commission (FCC) or other

appropriate government oversight agency requirements.22

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- 7148 25. The documents required under 14 CFR §§ 91.9 and 91.203 must be av ailable to the

PILOT at the Ground Control Station, if utilized, of the UA at any time the UA is operating. These

documents must be made available to the Administrator or any law enforcement official upon

request.

26. Foto Pros Studio UAs must re main clear and yield the right of way to all other

manned operations and activities at all times (including, but not limited to, ultralight vehicles,

parachute activities, parasailing activities, hang gliders, etc.).

27. Foto Pros Studio UA opera tions may not be conducted during night, as defined in

14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC).

Flights under special visual flight rules (SVFR) are not authorized.

28. Foto Pros Studio UAs may not be operated by the PILOT from any moving device

or vehicle.

29. Foto Pros Studio UAs may not be operated less than five

- hundred

(500) feet below or less than two

- thousand (2,000) feet horizontally from a cloud or when visibility

is less than three (3) statute miles from the PILOT.

30. Foto Pros Studio UA may not operate in Class B, C, or D airspace without written

approval from the FAA. The UA may not operate within five (5) nautical miles of the geographic

center of a non

- towered ai rport as denoted on a current FAA

- published aeronautical chart unless a

letter of agreement with that airport’s management is obtained, and the operation is conducted in

accordance with a NOTAM as required by the Foto Pros Studio COA. The lett er of agreement

with the airport management must be made available to the Administrator upon request.

31. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s

UA Integration Office (AFS

- 80) within twenty

- four (24) hours. Accidents must be reported to the

National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov

.

32. Foto Pros Studio UAs, the UA’s PILOT, and the UA’s operations must comply

with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.23

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- 7148 As mentioned above, t he FAA has already granted a previous exemption which is

essentially identical to the exemption being sought by Foto Pros Studio in this petition for an

exemption. Please see FAA Exemption No. 11138.

Therefore, Foto Pros Studio resp ectfully requests the FAA grant an exemption pursuant to

its application as outlined above.

Sincerely,

Robert J. Bates

,

Owner/ Manager

Foto Pros Studio

Exhibit “1” Please see p ages 24

- 28 below24

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- 714827

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