Libeau	Enterprises	Inc.	-	Sec3on	333	Exemp3on	Pe33on		

February	22,	2016

U.	S.	Department	of	Transporta:on	Docket	Management	System

1200	New	Jersey	Ave,	SE	Washington,	DC	20590		

Re:	Exemp:on	Request	Sec:on	333	of	the	FAA	Reform	Act	of	the	Federal	Avia:on	Regula:ons	

from	14	C.F.R.	45.23(b);	14	C.F.R.	Part	21;	14	C.F.R.	61.113(a)&(b);	91.7(a);	91.9(b)	(2);	91.103(b);	

91.109;	119.121;	91.151(a);	91.203(a)&(b);	91.405(a);	91.407(a)	(1);	91.409(a)	(2);	

91.417(a)&(b)		

Dear	Sir	or	Madam,		

I,	Frank	Libeau,	am	wri:ng	pursuant	to	the	FAA	Moderniza:on	and	Reform	Act	of	2012	and	the	

procedures	contained	within	14	C.F.R.	11,	to	request	that	my	Florida	company,	Libeau	

Enterprises	Inc.,	in	good/ac:ve	corpora:on	standing	with	the	State	of	Florida;	be	exempted	

from	the	Federal	Avia:on	Regula:ons	(“FARs”)	listed	below.		So	that	I,	Frank	Libeau,	owner	and	

President	of	Libeau	Enterprises	Inc.	and	operator	of	small	unmanned	aircra_,	may	operate	small	

ultra	light	weight	unmanned	aircra_	system	(“UAS”)	commercially	in	airspace	regulated	by	the	

Federal	Avia:on	Administra:on	(“FAA”).		

As	described	herein	I,	Frank	Libeau,	a	Current	FAA	licensed	Private	Pilot,	(Single	Engine	land);	

experienced	in	flying	hobby	helicopters	for	recrea:onal	purposes.	I	have	added	a	hobby	grade	

quad-copter	 UAS	to	my	inventory	equipped	with	an	onboard	camera	with	intent	for	aerial	 1

videography/cinematography	to	enhance	academic	community	awareness	for	those	individuals	

and	companies	unfamiliar	with	the	geographical	layout	of	the	South	Florida	area,	and	augment	

real	estate	and	special	event	photos/video;	following	exemp:on	and	approval	by	the	FAA.	

Thereby	enhancing	their	academic	research	experience	for	the	South	Florida	area.	I	plan	to	add	

a	second	quad-copter	DJI	Inspire	to	my	inventory	in	the	future	with	comparable	safety	

capabili:es.		

I	propose	my,	Libeau	Enterprises	Inc.,	exemp:on	request	would	permit	opera:on	of	ultra	light	

weight,	unmanned	(piloted	by	remote	control)	and	compara:vely	inexpensive	UAS(s)	in	:ghtly	

controlled	and	limited	airspace.	Conduc:ng	predetermined	opera:on	in	areas	away	from	

1 Appendix A – DJI Phantom 3 Professional quadcopter User Manual 

Page 1 of 10
general	public,	airports,	heliports	and	vehicular	traffic	for	community	videos,	and	within	

property	boundaries	for	individual	homeowner	real	estate	lis:ng	videos/photos.	Currently,	

similar	lightweight,	remote	controlled	UAS's	are	legally	operated	by	unmonitored	amateur	

hobbyists	with	no	safety	plan	or	controls	in	place	to	prevent	catastrophe.	I,	Frank	Libeau,	have	

personally	ins:lled	safety	protocols	and	controls	to	avoid	and	prevent	public	hazard,	as	well	as	

manned	aircra_	hazards/catastrophe.	This	will	act	to	further	safety	protocols	exclusive	to	

lightweight	UAS's	specific	to	real	estate	video	and	photography	and	private	event	usage	as	I,	

Frank	Libeau,	record	flight	data	and	other	informa:on	gained	through	permieed	flight	

opera:ons	to	share	with	the	FAA	through	any	required	FAA	reports	to	assist	with	future	

protocol	and	safety	regula:on.		

Gran:ng,	Libeau	Enterprises	Inc.,	request	comports	with	the	Secretary	of	Transporta:on’s	(FAA	

Administrator’s)	responsibili:es	and	authority	to	not	only	integrate	UAS's	into	the	na:onal	

airspace	system,	but	to	“...establish	requirements	for	the	safe	opera:on	of	such	aircra_	systems	

[UAS's]	in	the	na:onal	airspace	system”	under	Sec:on	333(c)	of	the	Reform	Act	specific	to	the	

use	of	UAS's	for	real	estate/Realtor	purposes.	Further	I,	Frank	Libeau	via	Libeau	Enterprises	Inc.,	

will	conduct	my	opera:ons	in	compliance	with	the	protocols	described	herein	or	as	otherwise	

established	by	the	FAA.	For	the	reasons	stated	below	I,	Frank	Libeau,	respecjully	request	the	

grant	of	an	exemp:on	allowing,	Libeau	Enterprises	Inc.,	to	operate	ultra	light	weight,	remote	

controlled	UAS’s	for	academic	community	awareness	to	benefit/s:mulate	aerac:on	to	the	

South	Florida	area	and	to	enhance	real	estate	photos,	aerial	videography	and	special	events	

who	cannot	afford	expensive	manned	aircra_	for	the	same	purpose.	All	of	which	will	promote	

local	economic	growth	through	increased	employment	and	increased	tax	base.		With	both	

public	safety	in	mind	and	lower	use	of	risker,	heavier	manned	aircra_	containing	combus:ble	

fuel	that	poses	poten:al	public	hazard	out	of	public	harm	in	the	event	of	accident.

I.	Contact	Informa3on:		

Frank	Libeau

PO	Box	1615

Boca	Raton,	FL		33429

Telephone:	(954)	464-5569	

Email:	frank_libeau@hotmail.com		

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II.	The	Specific	Sec3ons	of	Title	14	of	the	Code	of	Federal	Regula3ons	From	Which	Libeau	

Enterprises	Inc.	Requests	Exemp3on	are:		

14	CFR	21;

14	C.F.R.	45.23(b);

14	CFR	61.113	(a)	&	(b);	14	C.F.R.	91,	et	seq.;

14	CFR	407	(a)	(1);

14	CFR	409	(a)	(2);	and,	14	CFR	417	(a)	&	(b).		

III.	The	Extent	of	relief	Libeau	Enterprises	Inc.	seeks	and	the	Reason	Frank	Libeau	Seeks	Such	

Relief:		

I,	Frank	Libeau,	submit	this	applica:on	in	accordance	with	the	Reform	Act,	112	P.L.	95	§§	

331-334,	seeking	relief	from	any	currently	applicable	FARs	opera:ng	to	prevent	me,	Frank	

Libeau,	contemplated	commercial	cinema:c,	academic	and	other	flight	opera:ons	within	the	

na:onal	airspace	system.	The	Reform	Act	in	Sec:on	332	provides	for	such	integra:on	of	civil	

unmanned	aircra_	systems	into	our	na:onal	airspace	system	as	it	is	in	the	public’s	interest	to	do	

so.	Our,	ultra	light	weight	UAS	meets	the	defini:on	of	“small	unmanned	aircra_”	as	defined	in	

Sec:on	331	and	therefore	the	integra:on	of	our	ultra	light	weight	UAS	is	expressly	

contemplated	by	the	Reform	Act.	I	would	like	to	operate	our	ultra	light	weight	UAS	prior	to	the	

:me	period	by	which	the	Reform	Act	requires	the	FAA	to	promulgate	rules	governing	such	cra_.	

Thereby,	providing	direct	experience	and	valuable	informa:on	for	formal	regula:on	that	can	be	

administered	uniformly	to	all	real	estate/	special	event	related	UAS	aerial	video	and	

photography.	The	Reform	Act	guides	the	Secretary	in	determining	the	types	of	UAS's	that	may	

operate	safely	in	our	na:onal	airspace	system.	Considera:ons	include:	The	weight,	size,	speed	

and	overall	capabili:es	of	the	UAS's;	Whether	the	UAS	will	be	operated	near	airports	or	heavily	

populated	areas;	and,	Whether	the	UAS	will	be	operated	by	line	of	sight.	112	P.L.	95	§	333	(a).	

Each	of	these	items	reflect	in	favor	of	an	exemp:on	for	Libeau	Enterprises	Inc.	and	Frank	Libeau	

as	Pilot	in	Command	(PIC).		Our	UAS	u:lizes	four	(4)	rota:ng	propellers	for	balance,	control	and	

stability.	The	UAS	is	equipped	with	GPS	and	auto	return	safety	technology.	Weighing	less	than	

five	(5)	pounds	(far	below	the	maximum	55	pound	limit);	including	camera	with	gimbal.		

Libeau	Enterprises	Inc.	considers	safety	the	foremost	objec:ve	with	every	flight.	Our	small	

unmanned	aircra_	is	designed	to	hover	in	place	via	GPS	and	operate	in	less	than	a	24	knot	(15	

mph)	wind.	For	safety,	stability	and	fear	of	financial	loss	we	will	not	fly	in	winds	exceeding	16	

Page 3 of 10
knots	(10	mph).	Built	in	safety	systems	include	a	GPS	mode	that	allows	the	UAS	to	hover	in	

place	when	radio	controls	are	released.	With	three	modes	to	choose	from,	we	u:lize	the	GPS	

Mode for	aerial	videography/photography.	This	is	the	safest,	most	reliable	and	stable	mode	to	 2

prevent	accident	and	hazard.	When	pilot	communica:on	is	lost	this	UAS	is	designed	slowly	

descend	to	point	of	take	off.	We	do	not	operate	our	UAS	near	airports,	Hospitals	nor	Police	

heliports,	and	do	not	operate	near	areas	where	general	public	is	within	twenty	five	to	fi_y	

(25-50)	yards	depending	on	loca:on,	condi:ons	and	weather.	I	am	constantly	on	alert	for	any	

manned	aircra_	(Police/Medical	helicopters,	etc.)	and	prepared	to	land/abort	immediately	to	

the	nearest	and	safest	ground	point	should	a	manned	aircra_	approach	my	loca:on	or	I	suspect	

manned	aircra_	may	approach	near	my	loca:on.	My	UAS	is	capable	of	ver:cal	and	horizontal	

opera:ons,	and	are	flown	only	within	line	of	sight,	as	the	remote	control	pilot.	U:lizing	baeery	

power	rather	than	combus:ble	fuels,	flights	generally	last	between	three	(3)	to	seven	(7)	

minutes,	with	an	al:tude	under	three	hundred	and	eighty	(380)	feet.	We	u:lize	a	fresh	fully	

charged	baeery	with	each	flight	as	a	safety	precau:on;	full	flight	:me	limit	for	each	baeery	is	

eighteen	(18)	to	twenty	(20)	minutes	as	tested.	I	do	not	operate	the	UAS	at	or	below	

manufacture	recommend	minimum	charge	levels	for	opera:on;	preferring	to	remain	well	within	

a	safe	opera:ng	range	to	insure	adequate	communica:on	between	radio	control	and	UAS	to	

eliminate	poten:al	for	crash,	loss	of	control	or	hazard.	Reserve	baeeries	are	at	hand	with	each	

exercise	to	insure	replacement	for	sufficient	safe	level	of	opera:on.	I	do	not	believe	in	taking	

risk	that	may	cause	a	crash,	that	could	create	hazard	to	the	public/property/manned	aircra_,	

and	have	no	desire	to	lose	the	UAS	investment.	I	have	clocked	numerous	prac:ce	flights	in	

remote	areas	as	a	hobbyist	simula:ng	flights	for	future	commercial	use	to	gain	familiariza:on	

with	the	characteris:cs	of	this	specific	UAS's	performance	under	different	temperature	and	

weather	condi:ons.	I	also	prac:ce	computerized	simulated	flights	to	maintain	adequate	skills	

and	response	reflex	:me.	All	for	the	sake	of	safety.		

I,	Frank	Libeau,	am	extremely	cau:ous	when	opera:ng	of	my	UAS/ultra	light	weight	unmanned	

aircra_	and	will	not	“create	a	hazard	to	users	of	the	na:onal	airspace	system	or	the	public.”	112	

P.L.	95	§	333	(b).	Given	the	small	size	and	weight	of	my	UAS	it	falls	well	within	Congress’s	

contemplated	safety	zone	when	it	promulgated	the	Reform	Act	and	the	corresponding	direc:ve	

to	integrate	UAS's	into	the	na:onal	airspace	system.	Libeau	Enterprise	Inc.’s	UAS,	used	in	hobby	

2 GPS Mode includes, 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 Appendix A - User Manual.

Page 4 of 10
flight,	has	a	demonstrable	safety	record	and	does	not	pose	any	threat	to	the	general	public	or	

na:onal	security.		In	addi:on,	I	(Frank	Libeau)	have	a	spotless	avia:on	safety	record	since	

earning	my	FAA	Private	Pilot	cer:fica:on	in	August	1993.

Regarding	UAS	experience,	I	have	met	the	current	qualifica:ons	and	have	far	exceeded	the	

current	requirement:		

as	determined	by	the	FAA,	require	"...25	hours	of	total	:me	as	a	UAS	rotorcra_	pilot	including	at	

least	10	hours	logged	as	a	UAS	pilot	with	a	mul:-rotor	UAS...a	minimum	of	5	hours	as	UAS	pilot	

opera:ng	the	make	and	model	of	UAS	to	be	used..."		

IV.	How	Frank	Libeau’s	Request	for	Libeau	Enterprise	Inc.	Exemp3on	333	will	Benefit	the	

Public	As	A	Whole:		

Aerial	videography	for	geographical	awareness	for	real	estate	marke:ng	and	special	events	has	

been	around	for	a	long	:me	through	manned	fixed	wing	aircra_	and	helicopters.	For	small	

budget	real	estate	companies	and	average	homeowners	the	expense	of	such	aerial	videography	

is	cost	prohibi:ve.	Only	large	companies	and	high	end	Realtors	or	luxury	homeowners	can	

afford	to	absorb	such	expense.	Depriving	non-luxury	homeowners	and	lower	budget	Realtors	

from	a	valuable	marke:ng	tool.	Manned	aircra_	pose	a	threat	to	the	public	through	poten:al	

catastrophic	crashes	in	the	South	Florida	community	has	experienced	in	the	past	with	military	

aircra_	and	medical	helicopter.		Each	resul:ng	in	loss	of	life.	Each	with	combus:ble	fuel	that	

exploded	and	burned	on	impact.	Police	helicopters	have	made	emergency	hard	landings	within	

city	limits.	Our	UAS	pose	no	such	threat	since	size	and	lack	of	combus:ble	fuel	alleviates	any	

poten:al	threat	to	the	public.	Congress	has	already	proclaimed	that	it	is	in	the	public’s	interest	

to	integrate	commercially	flown	UAS's	into	the	na:onal	airspace	system,	hence	the	passing	of	

the	Reform	Act.	Gran:ng	Libeau	Enterprises	Inc.,	exemp:on	request	furthers	the	public	interest	

through	academic/visual	awareness	of	the	geographical	benefits	in	and	around	the	South	

Florida	area.	Our	ultra	light	weight	UAS	is	baeery	powered	and	creates	no	emissions	that	can	

harm	the	environment.	The	consequence	of	our	ultra	light	weight	UAS	crashing	is	far	less	than	a	

full	size	helicopter	or	fixed	wing	aircra_;	which	are	heavy,	contain	combus:ble	fuel	and	can	

cause	catastrophic	devasta:on	to	the	public.	

The	public’s	interest	is	furthered	by	minimizing	ecological	and	crash	threat	by	permiung	aerial	

video/photo	capture	via	baeery	operated	ultra	light	weight	UAS's.	Permiung	our	Exemp:on	

333	to	immediately	fly	within	na:onal	air	space	furthers	economic	growth.		

Page 5 of 10
Gran:ng	our	exemp:on	request	substan:ally	furthers	the	economic	impact	for	the	South	

Florida	community	for	companies	looking	to	relocate	or	build	in	South	Florida	as	well	as	

individuals	looking	to	relocate	for	career	advancement	through	academic	and	geographical	

awareness.	Both	of	which	serve	as	a	s:mulus	to	the	community.		

V.	Reasons	Why	Libeau	Enterprises	Inc.’s	Exemp3on	Will	Not	Adversely	Affect	Safety	Or	How	

The	Exemp3on	Will	Provide	a	Level	of	Safety	At	Least	Equal	To	Exis3ng	Rule:		

Our	proposed	exemp:on	will	not	adversely	affect	safety.	Quite	the	contrary,	for	the	reasons	

stated	the	exemp:on	333	will	allow	logging	more	flight	:me	in	FAA	controlled	airspace,	with	

communica:on	with	the	FAA,	will	allow	us	to	contribute	to	the	innova:on	and	implementa:on	

of	new	and	novel	UAS	rules	in	coopera:on	with	the	FAA.	In	addi:on,	Libeau	Enterprises	Inc.	

submit	the	following	representa:ons	of	enhancements	to	current	aerial	videography	and	

photography	for	real	estate:		

Our	UAS	weighs	less	than	5	pounds	complete;	we	only	operate	the	UAS	below	380	feet	(well	

within	the	400	foot	permissible	ceiling	set	by	the	FAA	Moderniza:on	and	Reform	Act	of	2012);	

Our	UAS	only	operate	for	5-10	minutes	per	flight;	we	land	the	UAS	prior	to	manufacturer	

recommended	minimum	level	of	baeery	power;		

	 	 -	We	only	allow	licensed	FAA	pilot	to	PIC	via	remote	control	only	by	line	of	sight;	

	 	 -	We	use	spoeers,	an	adult	using	communica:ons	(word	of	mouth,	radio	frequency	or	

cell	phone)	to	help	track,	look	and	communicate	poten:al	dangers	during	flight	;	

	 	 -	Our	UAS	has	a	GPS	flight	safety	feature	whereby	it	hovers	and	then	slowly	lands	if	

communica:on	with	the	remote	control	pilot	is	lost;		

	 	 -	We	ac:vely	analyze	flight	data	and	other	sources	of	informa:on	to	constantly	update	

and	enhance	safety	protocols;		

	 	 -	We	only	operate	in	reasonably	safe	environment	that	are	strictly	controlled,	are	away	

from	power	lines,	elevated	lights,	airports	and	ac:vely	populated	areas;		

	 	 -	PIC	will	conduct	extensive	pre-flight	inspec:ons	and	implement	protocols,	during	which	

safety	carries	primary	importance;		

	 	 -	We	always	obtain	all	necessary	permissions	prior	to	opera:on;	and,		

	 	 -	We	have	procedures	in	place	to	abort	flights	in	the	event	of	safety	breaches	or	

poten:al	danger	to	the	public.	

Page 6 of 10
Libeau	Enterprise	Inc.’s	UAS	safety	protocols	provide	a	level	of	safety	equal	to	or	

exceeding	exis:ng	rules.	It	is	important	to	note	that	absent	the	integra:on	of	

commercial	UAS	into	our	na:onal	airspace	system,	helicopters	are	the	primary	means	of	

aerial	video	and	photography	for	community	awareness	and	real	estate.	While	the	safety	

record	of	such	helicopters	is	remarkable,	it	is	far	safer	to	operate	a	baeery	powered	ultra	

light	weight	UAS.

-	First,	the	poten:al	loss	of	life	is	diminished	because	UAS's	carry	no	people	on	board	

and	only	operate	the	UAS	in	specific	areas	away	from	mass	popula:ons.	

-	Second,	there	is	no	fuel	on	board	a	UAS	and	thus	the	poten:al	for	fire	or	explosions	is	

greatly	diminished.	

-	Third,	the	small	size	and	extreme	maneuverability	of	our	UAS	allow	the	PIC	to	remotely	

pilot	away	from	and	avoid	hazards	quickly	and	safely.	

-	Lastly,	given	its	small	size	and	weight,	even	when	close	enough	to	capture	amazing	

images,	our	UAS	need	not	be	so	close	to	the	objects	they	are	focused	on	through	the	

technology	and	use	of	post	edi:ng	so_ware	allowing	pan	and	zoom.		

Accordingly,	the	UAS	has	been	experimentally	operated	for	familiariza:on/competency.		We	

apply	what	we	have	learned	and	con:nue	to	operate	at	and	above	current	safety	levels.		

VI.	A	Summary	The	FAA	May	Publish	in	the	Federal	Register:		

A.	14	C.F.R.	21	and	14	C.F.R.	91:	Airworthiness	Cer:ficates,	Manuals	and	The	Like.	14	C.F.R.	21,	

Subpart	H,	en:tled	Airworthiness	Cer:ficates,	sets	forth	requirements	for	procurement	of	

necessary	airworthiness	cer:ficates	in	rela:on	to	FAR	§	91.203(a)(1).	The	size,	weight	and	

enclosed	opera:onal	area	of	Libeau	Enterprises	Inc.’s	UAS	permits	exemp:on	from	Part	21	

because	our	UAS	meets	(and	exceeds)	an	equivalent	level	of	safety	pursuant	to	Sec:on	333	of	

the	Reform	Act.	The	FAA	is	authorized	to	exempt	aircra_	from	the	airworthiness	cer:ficate	

requirement	under	both	the	Act	(49	U.S.C.	§	44701	(f))	and	Sec:on	333	of	the	Reform	Act.	Both	

pieces	of	legisla:on	permit	the	FAA	to	exempt	UAS	from	the	airworthiness	cer:ficate	

requirement	in	considera:on	of	the	weight,	size,	speed,	maneuverability	and	proximity	to	areas	

such	as	airports	and	dense	popula:ons.	Libeau	Enterprises	Inc.	current	and	poten:al	new	UAS	

will	meet	or	exceed	each	of	the	elements.		

14	C.F.R.	91.7(a)	prohibits	the	opera:on	of	an	aircra_	without	an	airworthiness	cer:ficate.	As	no	

such	cer:ficate	will	be	applicable	in	the	form	contemplated	by	the	FARs,	this	Regula:on	is	

inapplicable.	14	C.F.R.	§	91.9	(b)	(2)	requires	an	aircra_	flight	manual	in	the	aircra_.	As	there	are	

no	on	board	pilots	or	passengers,	and	given	the	size	of	the	UAS's,	this	Regula:on	is	inapplicable.	

Page 7 of 10
An	equivalent	level	of	safety	will	be	achieved	by	maintaining	a	safety/flight	manual	delinea:ng	

areas	of	where	safety	can	be	defined.	The	FAA	has	previously	issued	exemp:ons	to	this	

regula:on	in	Exemp:on	Nos.	8607,	8737,	8738,	9299,	9299A,	9565,	9565B,	10167,	10167A,	

10602,	10700	and	32827.	14	C.F.R.	§	91.121	regarding	al:meter	seungs	is	inapplicable	insofar	

as	my	UAS	u:lizes	electronic	global	posi:oning	systems	with	a	barometric	sensor.		

14	C.F.R.	§	91.203	(a)	and	(b)	provides	for	the	carrying	of	civil	aircra_	cer:fica:ons	and	

registra:ons.	They	are	inapplicable	for	the	same	reasons	described	above.	The	equivalent	level	

of	safety	will	be	achieved	by	maintaining	any	such	required	cer:fica:ons	and	registra:ons	by	

Libeau	Enterprises	Inc.	and	Frank	Libeau	ac:ng	as	owner,	operator	and	PIC	(pilot	in	command).		

B.	14	C.F.R.	§	45.23:	Marking	of	The	Aircra_.	Applicable	Codes	of	Federal	Regula:on	require	

aircra_	to	be	marked	according	to	certain	specifica:ons.	Our	UAS	is	by	defini:on	an	unmanned	

aircra_,	therefore	they	do	not	have	a	cabin,	cockpit	or	pilot	sta:on	on	which	to	mark	certain	

words	or	phrases.	Further,	two-inch	leeering	is	difficult	to	place	on	such	small	aircra_	with	

dimensions	smaller	than	minimal	leeering	requirement.	We	will	mark	our	UAS	in	the	largest	

possible	leeering	by	placing	the	word	“EXPERIMENTAL”	on	its	fuselage	as	required	by	14	C.F.R.	

§45.29	(f)	so	that	the	pilot,	or	anyone	assis:ng	as	a	spoeer	with	the	UAS	will	see	the	markings.	

The	FAA	has	previously	issued	exemp:ons	to	this	regula:on	through	Exemp:ons	Nos.	8738,	

10167,	10167A	and	10700.			In	addi:on,	we	are	marking	our	UAS	with	the	mandatory	‘Small	

UAS	Cer:ficate	of	Registra:on’	issued	to	Frank	Libeau	by	the	FAA	in	January	2016.

C.	14	C.F.R.	§	61.113:	Private	Pilot	Privileges	and	Limita:ons:	PIC.	Pursuant	to	14	C.F.R.	§§	61.113	

(a)	&	(b),	private	pilots	are	limited	to	non-commercial	opera:ons.	I,	Frank	Libeau,	am	a	current	

FAA	cer:fied	private	(single	engine	land).	Thus,	allowing	me	to	operate	Libeau	Enterprises	Inc.’s	

UAS	to	meet	and	exceed	current	safety	levels	in	rela:on	to	14	C.F.R.	§61.113	(a)	&	(b).		

D.	14	C.F.R.	91.119:	Minimum	Safe	Al:tudes.	14	C.F.R.	§	91.119	prescribes	safe	al:tudes	for	the	

opera:on	of	civil	aircra_.	It	allows	helicopters	to	be	operated	at	lower	al:tudes	in	certain	

condi:ons.	Our	UAS	will	never	operate	at	an	al:tude	greater	than	380	AGL;	safely	below	the	

standard	of	400	AGL.	I,	Frank	Libeau,	will	however	operate	my	UAS	in	safe	areas	away	from	

public	and	traffic,	providing	a	level	of	safety	at	least	equivalent	to	or	below	those	in	rela:on	to	

minimum	safe	al:tudes.	Given	the	size,	weight,	maneuverability	and	speed	of	our	UAS,	an	

equivalent	or	higher	level	of	safety	will	be	achieved.		

E.	14	C.F.R.	91.405	(a);	407	(a)	(1);	409	(a)	(2);	417(a)	&	(b):	Maintenance	Inspec:ons.	The	

above-cited	Regula:ons	require,	amongst	other	things,	aircra_	owners	and	operators	to	“have	

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[the]	aircra_	inspected	as	prescribed	in	subpart	E	of	this	part	and	shall	between	required	

inspec:ons,	except	as	provided	in	paragraph	(c)	of	this	sec:on,	have	discrepancies	repaired	as	

prescribed	in	part	43	of	this	chapter.	.	.	.”	These	Regula:ons	only	apply	to	aircra_	with	an	

airworthiness	cer:ficate.	They	will	not,	therefore,	apply	to	our	UAS(s).	However,	as	a	safety	

precau:on	we	thoroughly	inspect	the	UAS	before	and	a_er	each	flight.		Any	parts	showing	sign’s	

of	wear	or	aeen:on	are	replaced	with	the	original	manufacture’s	part.		Example	of	parts	

replaced,	but	not	limited	to,	are	rotor	blades,	aircra_	baeery	and	camera	moun:ng	secure	pins.		

Other	parts	showing	fa:gue	or	not	performing	to	manufacture	specifica:ons,	the	UAS	will	be	

taken	out	of	service	and	parts	replaced.		A_erwards,	pre-flight	(and	post-flight)	inspec:ons	and	

test	flights	will	be	conducted	in	safe	areas	before	bringing	the	repaired	UAS	back	into	service.

A	Summary	The	FAA	May	Publish	in	the	Federal	Register:	A.	14	C.F.R.	21	and	14	C.F.R.	91:	

Airworthiness	Cer:ficates,	Manuals	and	The	Like.	14	C.F.R.	21,	Subpart	H,	en:tled	Airworthiness	

Cer:ficates,	sets	forth	requirements	for	procurement	of	necessary	airworthiness	cer:ficates	in	

rela:on	to	FAR	§	91.203(a)(1).	The	size,	weight	and	enclosed	opera:onal	area	of	our	UAS	

permits	exemp:on	from	Part	21	because	our,	Libeau	Enterprises	Inc.,	UAS	meets	an	equivalent	

level	of	safety	pursuant	to	Sec:on	333	of	the	Reform	Act.	The	FAA	is	authorized	to	exempt	

aircra_	from	the	airworthiness	cer:ficate	requirement	under	both	the	Act	(49	U.S.C.	§	44701	

(f))	and	Sec:on	333	of	the	Reform	Act.	Both	pieces	of	legisla:on	permit	the	FAA	to	exempt	

UAS's	from	the	airworthiness	cer:ficate	requirement	in	considera:on	of	the	weight,	size,	speed,	

maneuverability	and	proximity	to	areas	such	as	airports	and	dense	popula:ons.	Our	UAS	meets	

or	exceeds	each	of	the	elements.	14	C.F.R.	91.7(a)	prohibits	the	opera:on	of	an	aircra_	without	

an	airworthiness	cer:ficate.	As	no	such	cer:ficate	will	be	applicable	in	the	form	contemplated	

by	the	FARs,	this	Regula:on	is	inapplicable.	14	C.F.R.	§	91.9	(b)	(2)	requires	an	aircra_	flight	

manual	in	the	aircra_.	As	there	are	no	pilots	or	passengers,	and	given	the	size	of	the	UAS's,	this	

Regula:on	is	inapplicable.	An	equivalent	level	of	safety	will	be	achieved	by	maintaining	a	

manual.	The	FAA	has	previously	issued	exemp:ons	to	this	regula:on	in	Exemp:on	Nos.	8607,	

8737,	8738,	9299,	9299A,	9565,	9565B,	10167,	maintenance	program	that	involves	regular	

so_ware	updates	and	cura:ve	measures	for	any	damaged	hardware.	Therefore,	an	equivalent	

level	of	safety	will	be	achieved.		

In	summary,	Libeau	Enterprises	Inc.	seeks	an	exemp:on	from	the	following	Regula:ons:		

14	C.F.R.	21,	subpart	H;	14	C.F.R.	45.23(b);	14	C.F.R.	§§	61.113	(a)	&	(b);	14	C.F.R.	§	91.7	(a);	14	

C.F.R.	§	91.9	(b)(2);	14	C.F.R.	§	91.103(b);	14	C.F.R.	§	91.109;	14	C.F.R.	§	91.119;	14	C.F.R.	§		

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91.121;	14	C.F.R.	§	91.151(a);	14	C.F.R.	§§	91.203(a)	and	(b);	14	C.F.R.	§	91.405	(a);	14	C.F.R.	§	

91.407	(a)(1);	14	C.F.R.	§	91.409	(a)(2);	14	C.F.R.	§	91.409	(a	)	(2);	and,	14	C.F.R.	§§	91.417	(a)	&	

(b)	to	commercially	operate	our	small	unmanned	vehicle/lightweight	unmanned	aircra_	vehicle	

in	community	awareness	and	real	estate	videography	opera:ons,	and	to	develop	economic	

plajorms	for	real	estate	to	enhance	the	experience	of	those	seeking	to	relocate	to	South	

Florida.	Currently,	area	awareness	and	real	estate	aerial	videography/photography	relies	

primarily	on	the	use	of	larger	aircra_	running	on	combus:ble	fuel.	Posing	poten:al	risk	to	the	

public.	Gran:ng	our,	Libeau	Enterprises	Inc.,	request	for	exemp:on	will	reduce	current	risk	

levels	and	thereby	enhance	safety.	Our	UAS	cra_	do	not	contain	poten:ally	explosive	fuel,	is	

smaller,	lighter	and	more	maneuverable	than	conven:onal	real	estate	video	and	photographic	

aircra_	with	much	less	flight	:me.	Further,	we	operate	at	lower	al:tudes	and	in	controlled	

airspace	elimina:ng	poten:al	public	risk	by	flying	to	and	from	established	air	fields.	I,	Frank	

Libeau	(PIC),	have	been	informally	analyzing	flight	informa:on	and	will	compile	safety	protocols	

and	the	implementa:on	of	a	flight	opera:ons	manual	for	real	estate	and	arial	videography	

usage	that	exceeds	currently	accepted	means	and	methods	for	safe	flight.	Formal	collec:on	of	

informa:on	shared	with	the	FAA	will	enhance	the	FAA's	internal	efforts	to	establish	protocols	

for	complying	with	the	FAA	Moderniza:on	and	Reform	Act	of	2012.	There	are	no	personnel	on	

board	our	UAS(s)	and	therefore	the	likelihood	of	death	or	serious	bodily	injury	is	significantly	

diminished.		Frank	Libeau’s,	opera:on	of	our	UAS	as	PIC,	weighing	less	than	5	pounds	and	

traveling	at	lower	speeds	within	limited	areas	will	provide	an	equivalent	level	of	safety	as	that	

achieved	under	current	FARs.	Accordingly	I,	Frank	Libeau	on	behalf	of	Libeau	Enterprises,	Inc.,	

respecjully	request	that	the	FAA	grant	our	exemp:on	request	and	we	are	willing	to	cooperate	

in	sharing	informa:on	to	benefit	the	FAA,	safety	of	manned	aircra_,	and	the	general	public	at	

large.		

Respecjully	submieed,	

Frank	Libeau

Libeau	Enterprises,	Inc.

PO	Box	1615

Boca	Raton,	FL		33429		

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