# COUTURE &ALBRIGHT ATTORNEYS AT LAW, PLLC

October 31,2015

U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room Wl2-140 1200 NewJersey Avenue, SE Washington, DC 20590 RE: Request for Exemption under Section 333 ofthe FAA Modernization & Reform Act of2012 Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 CFRPart 11, Couture & Albright, Attorneys at Law, files this petition on behalfofHD Droneography LLC, a Washington State Limited Liability Company. HD Droneography is an operator ofSmall Unmanned Aircraft Systems (sUAS) used for aerial image acquisition including but not limited to, precision agriculture, videography, search and rescue and law enforcement support. HD Droneography requests an exemption from the below listed Federal Aviation Regulations (FARs) to allow commercial operation ofits sUAS. These exemptions would allow HD Droneography to commercially operate sUAS weighing less than 10 lbs, within the airspace regulated by the FAA pursuant to and under conditions defined herein and by the FAA. As described below, the exemptions requested would permit HD Droneography to operate the sUAS in a safe and coordinated manner, within predetermined and pre-communicated airspace, subject to standardized procedures and planning. The requested exemption is in the public interest as sUAS will be used 

### in lieu ofcomparatively hazardous operations now conducted with fixed wing and conventional rotary aircraft, and the approval ofthis exemption would achieve at least an equivalent level orgreater level ofsafety. The grant ofthis exemption for HD Droneography to operate a 3DRobotics sUAS and a HD Droneography Tarot multi-rotor sUAS, is substantially similar to exemptions 11345, 11905, 11379, 11489, and 11365. As this request is substantially similar to otherpetitions previously approved, this application should be considered under the expedited summary grant procedure. The FAA is required to consider seven factors in deciding whetherto approve Section 333 exemption petitions. These factors are size, weight, speed, operational capability, proximity to airports, proximity to populated areas, and operation within visual line ofsight. In this case all of these factors favor grant ofthe exemption.



### 406 W. Broadway, SuiteD Moses Lake, W A 98837

### TABLE OF CONTENTS I. 

### Federal Register Summary II. Petitioner's Contact Information III. Proposed Operations A. ThesUAS B. Crew C. Flight Operations IV. Proposed Conditions ofthe Exemption V. Public Interest and Safety VI. Regulations from Which Exemption is Requested

2 HD Droneography, LLC Request Exemption under Section 333I. Federal Register Summary Pursuant to 14 C.F.R. § 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: HD Droneography, LLC is requesting an exemption from the following regulations: 14 C.F.R. § 21 14 C.F.R. § 27 14 C.F.R. 

### § 45 14 C.F.R. 

### § 61.113 (a) & (b) & (c) 14 C.F.R. 

### § 61.133 (a) 14 C.F.R. § 61.315 (a) & (b) & (c) 14 C.F.R. § 91.7 (a) 14 C.F.R. § 91.9 (b)(2) & (c) 14 C.F.R. § 103 14 C.F.R. § 109 (a) 14 C.F.R. § 119 (b) & (c) & (d) 14 C.F.R. 

### § 121 14 C.F.R. § 151 14 C.F.R. § 203 14 C.F.R. § 207 14 C.F.R. §215 14 C.F.R. § 403 14 C.F.R. 

### §405 (a) 14 C.F.R. § 407(a)(l) 14 C.F.R. § 409 (a)(1) & (2) 14 C.F.R. 417 (a) & (b) The exemptions are requested in order to commercially operate a small unmanned aircraft system (sUAS), weighing less than 10 lbs, below an altitude of400ft. AGL over controlled areas. Ifgranted the exemptions would permit HD Droneography, LLC to use sUAS for aerial image acquisition including but not limited to, precision agriculture, videography, search and rescue and law enforcement support. The lightweight aircraft covered by this exemption are far safer than conventional operations conducted with helicopters and fixed-wing aircraft weighing thousands ofpounds and carrying highly flammable fuel, and operating in close proximity to the ground and people. The seven factors Congress directed the FAA to consider when approving Section 333 exemption petitions

- size, weight, speed, operational capability, proximity to airports, proximity to populated areas, and operation within visual line ofsight all favor granting this exemption.



### 3 HD Droneography, LLC Request Exemption under Section 333II. Petitioner's Contact Information HD Droneography, LLC Mr. Hollen Day 1644 South Beaumont Drive Moses Lake, WA 98837 Phone: (509) 760-6601 Email: hddroneographv(a)gmail.com

Counsel for Petitioner Lyliane S. Couture Couture & Albright PLLC, Attorneys at Law 406 W. Broadway, SuiteD Moses Lake, WA 98837 Phone: (509) 765-5297 Email: LSC@.lylianecouture.com Ill. Proposed Operations A. ThesUAS Petitioner will be using a Solo sUAS manufactured by 3DRobotics. The Solo is a multi-rotor drone which weighs less than 5 pounds, can carry up to four pounds of cargo and flies at a maximum speed of55 mph. The Solo is made out ofhardened polymermaterial, the propellers are glass reinforced nylon and is powered by four 880 KV motors. The Solo will operate for up to 20 minutes on its dedicated battery. The Solo Drone is controlled by a Pix Hawk flight controller and sends and receives commands via a closed wifi network. The Solo will, at all times, be programmed to automatically return to a predetermined location upon loss of signal or immediately upon breach ofa designated flight area. Petitionerwill also be using a sUAS manufactured by HD Droneography. This sUAS is manufactured on a Tarot 680 frame, made ofaluminum and carbon fiber, and is powered by six 700 KV motors. The maximum weight as manufactured is 10 pounds, and the maximum speed is 55 mph. The Tarot is controlled by spectrum dsmx advance 2.4 ghzradio system. Flight controller is the pixhawk with telemetry, return to launch, and dual gps capabilities. Petitioner, Mr. Hollen Day is a U.S. Citizen and owner ofHD Droneography, LLC. Mr. Day has logged 64 hours ofhelicopter flight time and passed a FAA private pilot written exam in 2011. Mr. Day also has a class B commercial drivers license issued by the State ofWashington. Mr. Day will be applying for a drone operators license from the FAA when the license becomes available. In the meanwhile, HD Droneography will be employing licensed pilots to act as PIC.

4 HD Droneography, LLC Request Exemption under Section 333B. Crew The crew will consist ofa pilot in command (PIC) and a visual observer (VO). The PIC will have, at minimum, a sport pilot's license and a third class medical certificate orU.S. driver's license. The PIC and VO will have been trained in operation ofsUASs generally and received up-to-date information on the sUAS to be operated pursuant to this exemption. Inthe event a drone operator license becomes authorized by the FAA, Petitioner requests that any licensed drone operator be grantedthe authority to operate as PIC under this exemption in lieu ofa licensed pilot. C. Flight Operations The sUAS will be used for aerial image acquisition including but not limited to, precision agriculture, videography, search and rescue and law enforcement support. The proposed sUAS operations will be conducted in accordance with the conditions and limitations ofthis Request for Exemption. HD Droneography, LLC proposed sUAS operations will be limited to daytime VFR flight at an altitude below400 feet AGL. The sUAS will be operated withinvisual line of sight ofthe PIC and VO at all times. All operations shall be conducted over private or controlled access property with permission from the property owner or authorized representative. And all flight operations will be conducted at least 500 feet from nonparticipating persons. The sUAS will be operated in compliance with N JO 7210.889, Notice ofAir Traffic Organization Policy, dated October 27, 2015. Notice N JO 7210.889 requires sUAS operations remain "{i) 5 nautical miles away from an airport with an operating control tower. (ii) 3 nautical miles from an uncontrolled airport with an instrument approach procedure. (iii) 2 nautical miles from all other airports, heliports, and seaports. (iv) At orbelow 200 feet AGL." Unless a letter ofagreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemptionholder. In the event ofa natural disaster or emergency situation it is anticipated that the sUAS would be operated in accordance with 14 C.F.R. 

### § 91.137.

S HU

**UtQn.eQ~taphy,** LLC Request Exemption under Section 333IV. Proposed Conditions ofthe Exemption 

### 1. Operations authorized by this grant ofexemption are limited to the 3D Robotics Solo, orTarot multi-rotor UAS manufactured by HD Droneography, when weighing less than 55 pounds including payload. Proposed operations ofany other aircraft will require a new petition or a petition to amend this exemption. 2. Operations for the purpose ofclosed-set motion picture and television filming are not permitted. 3. The UAS may notbe operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UAS be operated at airspeeds greater than the maximum UAS operating airspeed recommended by the aircraft manufacturer. 4. The UAS must be operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude must be reported in feetAGL. The UAS must be operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license. 5. All operations must utilize a visual observer (VO). The UAS must be operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC mustbe designated before the flight and cannot transfer his orher designation for the duration ofthe flight. The PIC must ensure that the VO can perform the duties required ofthe 

## vo. 6. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafterreferred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations hereintake precedence andmustbe followed. Otherwise, the operatormust follow the procedures as outlined in its operating documents. The operatormay update orrevise its operating documents. It is the operator's responsibility to track such revisions and presentupdated and revised documents to theAdministrator orany law enforcement official upon request. The operatormust alsopresentupdated andrevised documents if itpetitionsfor extension oramendmentto this grantofexemption. If the operator detennines thatany update orrevision would affectthe basis upon which the FAAgrantedthis exemption,thenthe operatormustpetitionfor an amendmentto its grantofexemption. The

6 HD Droneography, LLC Request Exemption under Section 333

### FAA•s UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates orrevisions to the operating documents. 8. Any UAS thathas undergone maintenance oralterations thataffect the UAS operationorflight characteristics, e.g. replacement ofaflight critical component, must undergo a functional test flightpriorto 

### conducting further operations underthis exemption. Functional test 

### flights may only be conducted by aPIC with aVOand mustremain at 

### least 500 feet from otherpeople. The functional test flight mustbe conducted in such amanner so as to notpose anundue hazardto 

### persons and property. 9. Theoperatorisresponsible for maintaining and inspectingthe UAS to ensure that 

### itis in a condition for safe operation. 10. Priorto each flight, the PIC mustconductapre-flightinspection and detennine the UAS is in acondition for safe flight. The pre-flightinspectionmust account for all potential discrepancies, e.g. inoperable components, items, orequipment. Ifthe inspectionreveals a conditionthat 

### affects the safe operationof the UAS, the aircraft 

### is prohibitedfrom operating until the necessary maintenance has beenperformed andthe UAS is found to be in 

### a condition for safe flight. 11. 

### The operatormust follow the UAS manufacturer's maintenance, overhaul,replacement, inspection, and life limitrequirements forthe aircraft 

### and aircraft components. 12 EachUAS operated underthis exemptionmustcomply with all manufacturer safety bulletins. 13. Underthis grantofexemption, a PIC musthold eitheran airline transport, 

### commercial, private, recreational, orsportpilotcertificate. The PIC must also hold acurrentFAAairman medical certificate oravalid U.S. drivers license issued by a state, the DistrictofColombia, 

### Puerto Rico, aterritory, apossession, orthe Federal government. The PIC must also meetthe flight review requirements specified in 14 CFR 

### §61.56 in an aircraft in whichthe PIC is

### rated on his 

### orherpilotcertificate. A licensed drone operator, as authorized in

### the future by the FAA, may operate as PIC under this exemption in lieu ofa licensed pilot.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will 

### be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR 

### § 61.51(b). Flights for the purposes oftraining the operator•s PICs and VOs (training, proficiency, and experience-building) and determining the PICs ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS



### 7 HD Droneography, LLC Request Exemption under Section 333

### with appropriate distance from nonparticipants in accordance with 14 CFR § 

### 91.119. 15. UAS operations may not be conducted during night, as defined in 14 CFR § 

### 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UAS may not operate (i) 5 nautical miles away from an airport with an operating control tower. (ii) 

### 3 nautical miles from an uncontrolled airport with an instrument approach procedure. (iii) 

### 2 nautical miles from all other airports, heliports, and seaports. (iv) at or below 200 feet AGL, unless a letter ofagreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The UAS may operate within (i) 

### 5 nautical miles away from an airport with an operating control tower. (ii) 

### 3 nautical miles from an uncontrolled airport with an instrument approach procedure. (iii) 

### 2 nautical miles from all other airports, heliports, and seaports in the event a temporary flight restriction is authorized pursuant to 14 C.F.R §91.137 and The aircraft is participating in hazard reliefactivities and is being operated under the direction ofthe official in charge ofon scene emergency response activities. The letter ofagreement with the airport management must be made available to the Administrator or any law enforcement official upon request. 17. The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 18. Ifthe UAS loses communications or loses its GPS signal, the UAS must return to a pre-determined location within the private or controlled-access property. 19. The PIC must abort the flight in the event ofunpredicted obstacles oremergencies. 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve powerrecommended by the manufacturer ifgreater. 21. AirTraffic Organization (ATO) Certificate ofWaiver orAuthorization (COA). All operations shall be conducted in accordance with an A TO-issued COA. The exemption holder may apply for a new or amended COA ifit intends to conduct operations that cannot be conducted under the terms ofthe attached COA. 22. All aircraft

### operated in accordance withthis exemption must be identifiedby serial number, registered in accordance with 14 CFR part

### 47, and have identification (N-Number) markings 

### in accordance with 14 CFR part

### 45, Subpart C. 

### Markings must be as large as practicable. 23. Documents used 

### by the operatorto ensurethe safe operation and flight ofthe UAS and any documents required 

### under 14 CFR §§ 

### 91.9 and 91.203 mustbe available to

### the PIC atthe GroundControl Station ofthe UAS any time the aircraft

### is operating. These documents must bemade availabletotheAdministratororany lawenforcementofficial upon request.

8 HD Droneography, LLC Request Exemption under Section 33324. The UAS mustremainclearand givewayto all mannedaviationoperations and activities at all times. 25. The UAS 

### may not be operated by the PIC from any moving device orvehicle. 26. All Flightoperations must be conducted atleast500 feet from all nonparticipatingpersons, vessels, vehicles, and structures unless: a Barriers orstructures arepresentthat sufficiently protectnonparticipatingpersons from the UAS and/ordebris inthe eventofan accident The operatormustensure that nonparticipating persons remain under suchprotection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet of the UAS, flight operations mustcease immediately in amannerensuringthe safety ofnonparticipating persons; and b. The owner/controllerofany vessels, vehicles orstructures has granted permission for operating closerto those objects andthe PIC has made a safety assessmentof the riskof operating closerto those objects and determinedthatitdoes not present an undue hazard. The PIC, VO, operatortrainees oressentialpersons are notconsidered nonparticipating persons under this exemption. 27. All operations shall be conductedoverprivate orcontrolled-access property withpermission from the property owner/controllerorauthorized representative. Permission from property owner/controllerorauthorized representative will be obtained for each flight to be conducted. 28. Any incident, accident, orflight operationthattransgresses the lateral orvertical boundaries ofthe operational areaas definedbythe applicable COAmustbereported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents mustbe reported to theNational Transportation Safety Board (NTSB) perinstructions contained on the NTSB Web site: www.ntsb.gov. Ifthis exemption permits operations for the purpose ofclosed-set motion picture and television filming and production, the following additional conditions and limitations apply. 29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant ofexemption. 30. At least 3 days before aerial filming, the operator ofthe UAS affected by this exemption must submit a written Plan ofActivities to the local Flight Standards District Office (FSDO) withjurisdiction over the area ofproposed filming. The 3-day notification may be waived with the concurrence ofthe FSDO. The plan ofactivities must include at least the following:

a. Dates and times for all flights; b. Name and phone number ofthe operator for the UAS aerial filming conducted under this grant ofexemption; c. Name and phone number ofthe person responsible for the on-scene operation of the

9 HD Droneography, LLC Request Exemption under Section 333UAS; d. Make, model, and serial orN-Number ofUAS to be used; e. Name and certificate number ofUAS PICs involved in the aerial filming; f. A statement that the operatorhas obtained permission from property owners and/or local officials to conduct the filming production event; the list ofthose who gave permission must be made available to the inspector upon request; g. Signature ofexemption holder orrepresentative; and h. A description ofthe flight activity, including maps or diagrams ofany area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation. 31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder's MPTOM. V. Public Interest and Safety The public interest will be served by granting HD Droneography, LLC's Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333 (a) through (c) ofthe Reform Act. The proposed USA operations in this Petition for Exemption significantly improve safety and reduce risk by alleviating the public's exposure to the danger associated with traditional agricultural aerial survey and inspection methods, namely, full sized fixed-wing aircraft and rotorcraft. In the unlikely event that one ofPetitioner's sUASs crash, there is no fuel to ignite and explode. Any accident involving Petitioner's lightweight sUASs will pose significantly less danger to the pilot and other individuals on the ground than one involving a full sized helicopter. Additionally, the agricultural modeling and imaging resulting from HD Droneography's sUASs will provide farmers with information they need to increase crop yields while also conserving valuable resources, and reducing pesticide use. The public as a whole will benefit from an agricultural industry that can harness these new technologies to produce better crop yields in a cost effective, sustainable and environmentally conscious manner.

10 HD Droneography, LLC Request Exemption under Section 333

### VI Regulations from Which Exemption is Requested

14 C.f.R. 

### § 2 1 14 C.F.R. § 27 14 C.F.R. § 45 14 C.F.R. § 61.113 (a) & (b) & (c) 14C.F.R.§ 61.133(a) 14 C.F.R. § 61.315 (a) & (b) & (c) 14 C.F.R. 

### § 91.7 (a) 14 C

.F.R. 

### § 91.9 (b)(2) & (c) 14 C.F.R

. § 103 14 C.P.R.§ 109 (a) 14 C.f.R. § 119 (b) & (c) & (d) 14 C.F.R. § 121 14 C

.F.R

. 

### § 151 14 C.f.R. § 203 14 C.F

.R. § 207 14 C.F

.R. §215 14 C.f.R. § 403 14 C.F

.R. § 405 (a) 14 C.F.R. § 407(a)(l) 14 C

.F.R. 

### §409 (a)(l) & (2) 14 C.F.R. § 417 (a) & (b)

Ifwe can provide any additional infonnat ion to assist your understanding orreview ofthis document: please do not hesitate to contact us at 509-765-5297, or via email at LSC( U).Ivlianecouture.com Sincerely,

Lyliane S. 

### Couture Couture & Albright, Attorneys at Law, PLLC. Counsel for HD Droneography, LLC

11 HD Droneography, LLC Request Exemption under Section 333