June 2 , 2015

U.S. Department of Transportation, Docket Management Systems, 1200 New Jersey Avenue SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Modernization and

Reform Act and Part 11 of the Federal Aviation Regulations from 14

C.F.R.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, DBPANO LLC., operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography for the real estate industry, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted

within and under the conditions outlined he rein or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) li mited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe operations in the aerial photography industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “

... establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of t he applicant is:

DBPANO LLC

Attn:

Matthew Lee 1985 South Ocean Drive, #15M Hallandale Beach, FL 33009

Ph:305

- 967

- 5155 Email: dbpanomia@gmail.comRegulations from which the exemption is requested:

14 C.P.R. Part 21 (airworthiness certification) 14 C.P.R. Part 27 (normal category rotocraft) 14 C.P.R. 61.113 (a) and (b) (pilot certification and qualification) 14 C.P.R. 91.7(a) (airworthiness) 14 C.P.R. 91.119(b) and (c) (minimum safe altitudes) 14 C.P.R. 91.151(a) and (b) (fuel requirements in VPR conditions) 14 C.P.R. 91.405 (a) and (b) (maintenance) 14 C.P.R. 91.407(a)(1) (approval for return to service) 14 C.P.R. 91.409(a) (annual and airworthiness certification inspection) 14 C.P.R. 91.417(a) and (b) (maintenance records)

This exemption applica tion 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 systems may operate safely in the national airspac e 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 UASs do not create a hazard to users of the NAS or the public or pose a thr eat to national security in light of the following:

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

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

• Operation of the UAS within visual line of sight of the operator.

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 under §40101 of the Act, that includes sUASs, 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 this section or any sections 44702

- 44716 of this title if the

Administr ator finds the exemption in the public interest.

Contracted by real estate developers, DBPANO flies over privately owned unimproved lots or properties, and never over public property. Using digital photography equipment, DBPANO produces interactive 360

- de gree photos showing future high rise views at exactly

- measured, multiple heights to assist developers with pre

- planning needs such as entitlements, investor presentations, pricing studies, and architectural design. In later phases of development, the marke ting teams utilize DBPANO's 360

- degree digital assets as integral components of their pre

- sales presentations.

DBPANO maintains strict safety measures, constant system testing/upgrades, failsafe backups, and an experienced crew of pilot, camera operator a nd a visual observer. DBPANO deploys a DJI S1000 octo

- rotor UAS made of high

- strengh, performance engineered plastics , and weighs 8.8 pounds, and a maximum payload of 24 pounds. DBPANO’s typical flight is under 400

- feet above ground level ("AGL") and under four minutes in duration. DBPANO’S flights are considered straight up/straight down; the vehicle ascends straight up over private property, has the capability of hovering in place, and then descends straight down. While hovering, the camera platform takes still images

in one 360

- degree revolution. Average speed up and down is 5

- 10 feet per second; theUAV moves laterally only if necessary, at no more than 1 to 2 miles per hour. Battery power provides 15 minutes of operation; DBPANO operators will receive a n audible reminder at 5 minutes, and DBPANO will land the UAS well before battery power is exhausted. The S1000 includes a DJI A2+ navigation system, which always stays in sync with GPS, which locks in the UAV altitude and position accurately while hoverin g. If the UAS encounters an unexpected obstacle, the pilot will either divert the flight or maintain the UAS in a safe hover position away from the obstacle. The crew consists of a pilot, camera operator, and a visual observer/safety technician. The pilot and visual observer are in close proximity to each other.

Given the small size of the sUAS involved and the restricted sterile environment within which it will operate, the applicant falls squarely within that zone of safety (an equivalent

level of safet y) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant sUASs will operate, approval of the application pr esents 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 proposed operations, and the significant

p ublic benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for movie and television operations, the grant of the requested exemptions is in the public interest. Accordingly, the a pplicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant 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 alrea dy safe aerial photography operations conducted with

conventional aircraft.

These limitations and conditions to which DBPANO agrees to be bound when conducting commercial operations under an FAA issued exemption include:

• The sUAS will weigh less than 55 lbs.

• Flights will be operated within line of sight of a pilot and/or observer.

• Maximum total flight time for each operational flight will be 5 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 30

minute limit

.

• Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and the Camer a Operator.

• The UAS will only operate within a confined Sterile Area.

• A briefing will be conducted in regard to the planned sUAS operations prior to each day’s production activities. It will be mandatory that all personnel who will be performing duties w ithin the boundaries of the safety perimeter be present for this briefing.

• The operator will obtain the consent of all persons involved in the photographyand ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety determination.

• Pilot and observer will have been trained in operation of UAS generally and received up

- to

- date information on the particular UAS.

• Observer and pilot will at all times be able to communicate by voice and/or text.

• Written and/or oral permission from the relevant property holders will be

obtained.

• All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

• If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

- determined location within the Security Perim eter and

land.

• The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

Safety equivalence or no adverse effect on safety:

Unmanned Aircraft System and Navigation System

The DJI S1000 UAS, with DJI's A2+ nav igation system, has a number of technological capabilities to demonstrate its airworthiness. In the event of a loss of GPS signal, the UAS will not lock in its position and automatically go to ATTI mode and remain stable. Should there be a loss of power, t he pilot has control of the UAS to perform auto rotation capability and land the aircraft. If the UAS encounters an unexpected obstacle, the pilot will either divert the flight or maintain the UAS in a safe hover position away from the

obstacle.

Given its small size, operational capabilities, and restricted area in which the UAS will operate, an exemption from Part 21, Subpart H, Airworthiness Certificates, and 14 C.P.R. 91.7(a), is warranted, as DBPANO’s UAS satisfies the equivalent level of safety

as comp ared with manned caircraft and meets the criteria in section 333. Operating the UAS without an airworthiness certificate in the restricted environment over vacant private property under the conditions proposed will be safer than operating a manned helicop ter operating with an airworthiness certificate and not subject to such conditions. The UAV with payload is less than 15 pounds; it carries no explosive materials or flammable liquid fuels, and operate exclusively over private property, with no passengers or crew on board. As the FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10:

“The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an i ncident or accident. The risk to an onboard pilot and crew during an incident or accident is eliminated with the use of

a VA for the aerial filming operations.”

For the reasons outlined above, DBPANO also seeks an exemption from the certification requirem ents for normal category rotorcraft in Part 27.In support of DBPANO’S request for an exemption from 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), DBPANO will adhere to the following inspection and maintenance program: DBPANO will inspect the UAS before and after each operation, as well as perform daily, weekly, monthly, and annual inspections, as

set fort h in its operations manual. Before each flight, the pilot in command will inspect the UAS to ensure it is in a safe condition for flight. The preflight inspection will account for any discrepancy, such as an inoperable component, item, or equipment. DBPANO will not initiate a flight if the inspection reveals a condition that adversely affects the safety of operations, and will not operate that UAS until it is found to be in a safe condition. Any UAS that has undergone maintenance or an alteration that affec ts the UAS's operation or flight characteristics will undergo a functional flight test before return to service. DBPANO will follow the manufacturer's UAS requirements relating to components, maintenance, overhaul, replacement, inspection and life limits. DBPANO will record all maintenance, alterations, and the functional flight test in the UAS logbook, including total flight hours, description of work accomplished, and the signature of the

UAS technician who returned the UAS to service.

DBPANO’s UAS is eq uipped with an altimeter that provides the pilot with a constant digital display of altitude. Furthermore, the UAS will be operated within the visual line of sight of the pilot in command and observer and below 400 feet, above vacant property. Accordingly, DBPANO does not believe an exemption from 14 C.F.R. 91.121 is required. In support of DBPANO’S request for an exemption from fuel requirements in 14 C.F.R. 91.151(a) and (b), DBPANO notes that its UAS is battery

- powered and is operated for brief periods o f time, well within the battery capacity of the UAS, and only vertically up and down over private property.

UAS Operator Qualifications and Training

In support of DBPANO’s request for an exemption from the pilot certification and qualifications requirements in 14 C.F.R. 61.113(a) and (a), DBPANO asserts that an equivalent level of safety is achieved by the UAS

- specific experience of its UAS pilot. Mr. Ernesto de la Barrera has thousands of hours operating the DJI S1000+, with thousands

of take

- offs and landings. He has been operating a variety of DJI rotorcraft since 20 07

. In the course of his aviation career, he has gained extensive knowledge of the a irspace and varities of UAS, including the DJI S1000 th at makes his knowledge and experience more pertinent and relevant to DBPANO’S operations that completing a ground school instruction course and passing the FAA private pilot exam. DBPANO recognizes the FAA's position that section 333 does not allow the FAA to waive the requirement of a

UAS operator to hold an airman certificate, relying on section 44711. Assuming for the moment that section 44711 requires a UA S operator to hold a private pilot certifica te, section 333 is a more recent enactment and provides explicit authority to the FAA to exempt a UA S operator from any certification requirement. Section 333 instructs the FAA to consider whether to require airworthiness certificates, certificates of waiv er, and certificates of authorization, "at a minimum." Thus, Congress vested FAA with discretion to waive other certificates, including an airman certificate. Even if section 333 were read not to convey that discretion, section 44711 applies only to operat ions in air commerce.

DBPANO submits that its UA S will be operated below 400 feet AGL above vacant property in metropolitan areas where manned aircraft are not permitted to operate. Thus,its operations will not be conducted in "air commerce."

Even if FAA construes its subsection 44701(f) exemption authority to be limited to its regulations, the FAA certainly has discretion to exempt UAS operators from the requirements of Parts 61 and 67 (as opposed to the certification requirement itself) and develop an a irman certificate specifically designed for small UAS operations. Applying manned aircraft pilot certification requirements to small UASs is not necessary as a matter of safety, and does not make sense as a matter of public policy. DBPANO

believes that FAA 's determination in the Astraeus Aerial and other exemptions that a commercial pilot certificate is not required for the operators of UASs for closed set filming applies equally to the nature of its UAV operations:

“[T]he experience obtained beyond a priv ate pilot certificate in pursuit of a commercial pilot certificate in manned flight does not necessarily aid a pilot in the operational environment proposed by the petitioner; the FAA considers the overriding safety factor for the limited operations propos ed by the petitioner to be the airmanship skills acquired through VAS

- specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing.”

(Emphasis added.) DBPANO believes this reasoning supports a UA V/UAS

- focused training and experience regimen that should obviate not only a commercial pilot certificate but also a private pilot certificate because any training will be focused on the particular skills of operating the particular small UAS and the parti cular nature of UAS operations. Should DBPANO elect to use a different type or model of UAS, its pilot would receive 50 hours of training, including 200 takeoffs and landings, before operating that make and model of UAS for commercial purposes.

UAS Operat ing Parameters

DBPANO will operate its UAS in full compliance with any local permit or safety ordinance, in accordance with its manual. All flights will be conducted within the visual line of sight of the pilot in command, in a tightly circumscribed area of a single parc el of property, with the consent of the property owner and/or developer. Although the UAS may be operated in a metropolitan area, it will remain within the vertical planes of the vacant property, and be flown below 400 feet AGL, except in rare occasions wh ere the proposed construction on the vacant parcel will exceed 400 feet AGL, in which case the UAS will operate at a higher altitude. However, in such rare cases, DBPANO will not operate its UAS above any existing building or structure within a two

- block r adius, thereby posing no risk to manned aircraft. DBPANO will notify the appropriate Flight Standards District Office "("FSDO") and Air Traffic Control for any operation within five miles of an airport. DBPANO’s typical flight will be operated under 400 fe et AGL and last no longer than five minutes. DBPANO's flights are considered straight up/straight down; the vehicle ascends straight up over private property, has the capability of hovering in place, and then descends straight down. Average speed up and do wn is 5

- 10 feet per second; the UAV moves laterally only if necessary, at no more than 1 to 2 miles per hour. Battery power provides 15 minutes of operation; DBPANO operators will receive an audible reminder at 5 minutes, and DBPANO will land the UAS well before battery power is exhausted.

DBPANO conducts a briefing before each day's operations, which all personnel participating in the operations must attend. DBPANO will obtain written consent of anyperson who will be participating in the operations or ot herwise be on the property being filmed. DBPANO will provide notice to any adjacent buildings or structures.

DBPANO will limit its operations to daytime Visual Flight Rules ("VFR") plus 30 minutes before sunrise and 30 minutes after sunset (dusk), with ea ch operation ending no later than 30 minutes after sunset. The UAS is equipped with LED lighting visible for 3 miles. Accordingly, we do not believe an exemption from 14 C.F.R. 91.209 is necessary. DBPANO seeks an exemption from the requirement in 14 C.F.R . 91.119, subsection (b),

that an aircraft must remain at least 1,000 feet above any congested area or open air assembly of persons, and subsection (c), that an aircraft must remain at least 500 feet above any person or structure in an area other than popu lated or congested, and not closer than 500 feet to any person, vehicle, or structure. These requirements were adopted with fixed

- wing, manned aircraft operations in mind. While DBPANO may operate its UAS in a metropolitan area, the operations will be stri ctly confined to private property that is unimproved or vacant, and thus its UAS will not be operated over a congested area or open air assembly of persons. DBPANO will ensure that no unauthorized person will be on the parcel of land over which the UAS wil l be operated, and will provide notice to adjacent buildings and furnish proctors to ensure that unauthorized persons do not come within the narrow parameters in which the UAS will be operated. Combined with the technological capabilities of the UAS and th at the UAS will be operated within the visual line of sight of the pilot and an observer, DBPANO submits that its operational limitations provides an equivalent level of safety to that provided in section 91.119.

Public Interest

DBPANO’S UAS operations w ill substantially benefit the local and regional economy. DBPANO’S panoramic aerial technology has assisted real estate developers accelerate their business, saving time and money, greenlighting construction and job creation, increasing return

- on

- investmen t, and improving economies. DBPANO’S deliverable product to real estate owners and developers relies on a coterie of specialists including architects, 3D animation studios, rendering companies, video production houses, web designers, interior architect des igners, graphic designers, air rights and investment analysts, city planners, ad agencies, and sales and marketing consultants. DBPANO’S aerial photography gives the general public a much

- enhanced preview of real estate developments prior to their construc tion, which improves prelease and pre

- sales decision making. Operating UA S s under the limitations proposed by DBPANO will avoid any risk of harm to pilots as well as persons and people on the ground that would be present during the operation of manned heli copters. UA S operations will also require a much smaller energy footprint than with manned helicopters.Summary for Federal Register

DBPANO submits the following summary to be included in the Federal Register, should the FAA determine that pub lication of a summary is required :

DBPANO seeks an exemption to operate the DJI S1000 UAS rotorcraft to perform inspections of unimproved or vacant properties for the construction industry, developers, and property owners.

Sincerely,

Matthew O. Lee

Partner DBPANO, LLC