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, owned 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 regulated 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 may 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 patrolling, 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 

monitoring, 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 

belonging 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 highresolution 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 5-15 
mph 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 55 

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 DJi 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 following 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 the 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 period 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 completion 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 Phantom 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, but 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 and 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) Redundant “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 modulated 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 operations 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 trained 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 traditional 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 less 
6. 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 person 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 conditions 

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 communication 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 

certificates in relation to FAR 91.203 (a)(1). The size, weight and defined area of operations for Fly My 

Photos UASs (DJI 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 

airworthiness 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 registrations. 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 flight 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 that 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 

flammable 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 overall 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 and 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 will 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