March 10, 2016

**UNITED STATES DEPARTMENT OF TRANSPORTATION DOCKET MANAGEMENT SYSTEM** 1200 New Jersey Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590 Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11.

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the reform act) and CFR Part 11, Fly My Photos, o wned by Kelly LaMarre, James Nunes, and John Cookson are seeking a request for an exemption from the Federal Aviation Regulations (FAR) listed below so that Fly My Photos may operate Small Unmanned Aircraft Systems (UAS’s) commercially in airspace regulate d by the FAA. Kelly LaMarre, James Nunes, and John Cookson have been piloting UAS/RC planes as recreational devices for over five years and would like to expand into operating UAS, specifically the DJ Phantom 3 Advanced and DJI Phantom 4 in the commercial market. Of specific interest as to conduct aerial photography and inspection, as long as such operations are conducted within and under the conditions outlined herein or as established by the FAA as required by Section 333. These activities include but ma y not be limited to: The imagery and video will be used to identify the condition of landscapes, agriculture, events, disasters and infrastructure to conduct bridge inspections, flare stack inspection, utility

- power generation system inspections and patrol ling, aerial inspection, photography and videography of residential and commercial real estate, weddings, aerial inspection, photography and videography of utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, precision agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction site inspection and monito ring, public entity support operations, aerial imaging for safety, monitoring and comparing work efforts and completion percentages, and security of controlled environment of various sites, aerial video and live video feed to assist with search and rescue operations under the authority and support of local authority officials, aerial video and photography for public and private use including television, public events, and cinematography live feed and live newsgathering, training to persons individually or b elonging to both private and public organizations to increase awareness and improve safety for current and future UAS operations within the NAS, special events: including high schools, colleges, professional sports, open air events and fairs research, risk management and assessment, motion picture production, surface mining, closed set filming, disaster and catastrophe events. The UAS will be operated by Fly My Photos and/or contracting operators on occasion to capture high

resolution imagery/video of large structures (wide and tall) such as warehouses, high rise buildings, bridges, and construction sites, as well as “birds eye” views of fire and explosion sites. Given the small size of the sUAV’s involved, no more than 55 lbs., majority of the speed of operation be between 5

- 15mph and the restricted environment within which they will operate, the Petitioner falls squarely within

that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence. All operations done by Fly My Photos will be performed with the public’s safety and rights to privacy guarded at all times. As described below, the requested exception would permit the operation of lightweight (less than 5 5 lbs. total takeoff weight) UASs under controlled conditions for commercial use by a trained UAS operator as outlined in Section 333 of the Reform Act. Fly My Photos, in keeping with the regulations, will be utilizing the DJ i Phantom 3 Advanced and the DJI Phantom 4, which both weigh less than 55 pounds including the payload. It operates at a speed less than 50 knots and has the capability to hover and move in the vertical and horizontal plane simultaneously. The UAS will operate within the line of sight within a protected flight area as described below and at 200 feet AGL or less. These operations will not create a hazard to users of the airspace, neither public nor environmental. Fly My Photos respectfully requests the grant of an exception to the follo wing specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs for commercial use. 14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 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 & b). Fly My Photos submits this application in accordance with the Reform Act seeking relief from any currently applicable FAR’S operating to prevent Fly My Photos future commercial use of small UASs to operate in t he national airspace system as described below. The Reform Act Section 333 provides for such integration of civil unmanned aircraft into our national airspace system as it is in the public’s interest to do so. Fly My Photos UASs (DJ Phantom 3 Advanced and DJI Phantom 4) meet the definition of “small unmanned aircraft” as defined in Section 333 and therefor the integration of these UASs are expressly contemplated by the Reform Act. Fly My Photos would like to operate its lightweight UAS prior to the time per iod by which the Reform Act requires the FAA to promulgate rules governing such aircraft. The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in national airspace before completio n of the rule making required under Section 333 of the Reform Act. In making this determination, the Secretary of Transportation is required to determine which UASs do create a hazard to users of the national airspace system or the public or pose a threat to national security in light of the following:

 The UASs size, speed, weight and operational capability

 Operation of the UASs in close proximity to airports and populated areas

 Operation of the UASs within visual line of sight of the operator

 The DJ Ph antom 3 Advanced meets the aforementioned specifications on size, speed, weight and operational capability as follows:

 Weight (including battery and propeller) 1280 g

 Diagonal Size (including propeller) 590 mm

 Max Ascent Speed 5 m/s Max Descent Speed 3 m/s

 Max Speed 16 m/s

 Max Altitude Above Sea Level 6000 m

 GPS Mode GPS/Glonass

 Please note any other pertinent specifications at www.dji.com Advanced sUAV’s has a navigation and control system and auto

- pilot that allows it to execute very accurate pre

- programed flights. Flights are pre

- programmed with GPS waypoint to establish perimeters beyond which the aircraft will not operate. Flights under auto

- pilot are not directed by positive manual input, b ut through preprogrammed flight parameters that are executed by the auto

- pilot. In the case of unplanned events, the Operator inputs preprogrammed evasive maneuvers from the control unit, and the autopilot executes those maneuvers. Pre

- programmed Operator interventions include: initiation of holding at present position; suspension of mission; fly back to launch point; abort mission and land immediately; and emergency power cut off and land (flight termination system). Additional automated safety functions a nd safety enhancing features of the Advanced sUAV’s may include the following: 1) Auto

- pilot detection of lost GPS or of insufficient satellites initiates an immediate landing 2) Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels . Low power below 10% triggers an immediate landing 3) If the auto

- pilot detects a lost

- link to the ground controller, the UAS will hold position at its current location for 5 seconds and if the signal is not restored, execute a return to home and land 4) Redu ndant “kill switches” that enable completely shutting the aircraft down in flight in the event of a loss of control or un

- commanded deviation from the flight path 5) The aircraft, weighs less than 55 lbs., fully loaded 6) The motors are driven by pulse width m odulated signals, not analog signals The very small nature of these UASs combined with the safe guards presented, will allow for the safe operation greater than that envisioned by Congress for the FAA to establish and by exemption allow commercial operati ons of UASs to commence immediately. Also, due to the size of UASs and the areas and altitudes they will operate approval of this exception presents no national security issues and absolutely minimal safety concerns which have been mitigated through traine d risk management guidelines. Given the clear direction expressed in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of enhanced safety, reduced emissions utilizing UASs verses tra ditional aircraft, as well as, the economic impact of greatly reducing the cost of aerial photography and videography, thereby imposing a benefit to the greater public. Accordingly, the applicant requests that the FAA grant the requested exemption without delay. The following will be considered as the binding limitations of operations for Fly My Photos : 1. Flights will only occur in the daytime hours 2. Flights will be operated in the line of sight of the trained operator (PIC) and Observer (VSO) 3. Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” by manufacturers recommendations 4. The UAS will weigh less than 55 lbs. 5. Flights will be operated at 200 feet AGL or less6. PIC will do a thorough preflight inspection just as he would with any airplane operation

7. Operator and crew will remain in contact during flight operation 8. The UASs operator will perform a check of the flight area and make certain of the safety of all persons in the area 9. Consent will be obtained from all perso n within the video capabilities of the units to further reduce the chance of violating anyone’s privacy 10. All required FAA clearances will be obtained and distances from airports strictly observed 11. All UASs will have the capability to return automatically to the operator’s designated take off and landing location, in a safe manner with the auto return function checked and working with appropriate GPS connection 12. Flights will only operate in VFR condi tions 13. UASs have a function on the control to tell operator the distance away operator, altitude and battery power remaining, and operating status 14. Flight team will communicate by voice and the use of two

-way radio if the area is too great for verbal commu nication from all team members, an observer will always be present CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203 (a)(1) Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary certifi cates in relation to FAR 91.203 (a)(1). The size, weight and defined area of operations for Fly My Photos UASs (DJ I Phantom 3 Advanced and DJI Phantom 4 ) flights permits exception from Part 21 because they meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt Ass from airworthi ness certificates in consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense populations (see specs above and limitations of operations described above). Fly My Photos meets or exceeds each of these elements. As of 2015, the FAA has stated that it will automatically grant a “blanket” COA for flights at or under 200 AGL, to any UASs operator with Section 333 exemption. 14 CFR 91.203 (a&b) provides for carrying of civil aircraft certifications and registration s. These are inapplicable for the same reasons stated above. The equivalent level of safety will be achieved by maintaining such certifications and registrations. 14 CFR 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by FAR’s, this regulation is inapplicable and does not pertain to said request. 14 CFR 91.9 (b)(2) Civil Aircraft Flights Manual in Aircraft 14 CFR 91.9 (b)(2) requires an aircraft fligh t manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS’s, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining such certifications and registration at Fly My Photos operations center. Furthermore, as outlined, prior to each activity, a thorough inspection of the UAS will be followed including parts, propellers, and battery.The FAA has previously issued exemptions to this regulation in Exemption Numbers 8607, 8737, 8738,

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700, and 32827.
14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Fly My Photos will only operate its UASs at or below 200 AGL. They will be operated on a well

- defined AOR that has been carefully reviewed for hazards and minimizes the presence of any persons not essential for these operations. Flights will only be over private property th at the owner has consented and all persons within this video area also have given permission for filming. Compared to flight operations of conventional and traditional aircraft or rotorcraft weighing far more 1000 pounds, operating below 500 AGL with flamm able fuel UASs operations present a far smaller risk to the public. Approval of these 333 Exemptions allowing commercial operations of small UASs in the service of aerial photography and aerial inspections will greatly enhance safety by reducing the overa ll risk associated with traditional aircraft. Traditional aerial photography requires large aircraft with hydrocarbon combustible engine that emits green house gasses into the atmosphere and also requires them to fly in close proximity of populated areas a nd people in general. With the use of small UASs of 55 pounds or less, battery operated and flying below 200 feet AGL, the risk of injury of people on the ground or the crew has been reduced or almost eliminated. The granting of the use of these small UASs to Fly My Photos will give people safe and legal access to obtain aerial photographs, as well as, aerial inspections that may have a positive economic impact and safety element for the environment. Granting Fly My Photos the above requested exemption wil l allow for the expansion of UAs systems into the future for the safe conduct of free enterprise. Fly My Photos respectfully requests the FAA to grant its exception without delay. The FAA has the authority to issue the exemption sought by Fly My Photos pursuant to the Federal Aviation Act 85 P.L. 726 (1958) as amended (the ACT). Respectfully, Kelly LaMarre , James Nunes, and John Cookson
Owners/Operators