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 herein 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) limited 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 the applicant is: 

DBPANO LLC

Attn: 

Matthew Lee

1985 South Ocean Drive, #15M

Hallandale Beach, FL 33009

Ph:305-967-5155

Email: dbpanomia@gmail.com 
Regulations 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 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 systems 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 UASs do not create a hazard to users 

of the NAS or the public or pose a threat 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 

Administrator 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-degree 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 marketing 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 and 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; 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. 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 hovering. 

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 safety) 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 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 proposed operations, and the significant 

public 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 applicant 

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 already 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 Camera 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 within the boundaries of the safety perimeter be present for 

this briefing. 

• The operator will obtain the consent of all persons involved in the photography 
and 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 Perimeter 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+ navigation 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, the 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 compared 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 helicopter 

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 incident 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

requirements 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 forth 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 affects 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 equipped 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 of 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 2007. 

In the course of his aviation career, he has gained extensive knowledge of the airspace 

and varities of UAS, including the DJI S1000 that 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 UAS operator to hold a private pilot certificate, 

section 333 is a more recent enactment and provides explicit authority to the FAA to 

exempt a UAS operator from any certification requirement. Section 333 instructs the 

FAA to consider whether to require airworthiness certificates, certificates of waiver, 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 operations in air commerce. 

DBPANO submits that its UAS 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 airman 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 private 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 proposed 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 UAV/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 particular 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 Operating 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 parcel 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 where 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 radius, 

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 feet 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 down 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 any 
person who will be participating in the operations or otherwise 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 each 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 populated 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 strictly 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 will 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 that 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 will 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-investment, 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 designers, 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 construction, which improves prelease and pre-sales 

decision making. Operating UASs 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 helicopters. UAS 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 publication 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