COUTURE &ALBRIGHT 

ATTORNEYS AT LAW, PLLC 

October 31,2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room Wl2-140 

1200 New Jersey A venue, 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 of the FAA Modernization and Reform Act of2012 and 14 CFR Part 11, 

Couture & Albright, Attorneys at Law, files this petition on behalf of HD Droneography LLC, a 

Washington State Limited Liability Company. HD Droneography is an operator of Small 

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 of its 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 of comparatively hazardous operations now conducted with fixed 

wing and conventional rotary aircraft, and the approval of this exemption would achieve at least an 

equivalent level or greater level of safety. 

The grant of this 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 other petitions previously 

approved, this application should be considered under the expedited summary grant procedure. 

The FAA is required to consider seven factors in deciding whether to 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 of sight. In this case all of 

these factors favor grant of the 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 of the Exemption 

V. Public Interest and Safety 

VI. Regulations from Which Exemption is Requested 

2 HD Droneography, LLC Request Exemption under Section 333 
I. 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 of 400ft. AGL over controlled 

areas. 

If granted 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 of pounds 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 of sight all favor granting this exemption. 

3 HD Droneography, LLC Request Exemption under Section 333 
II. 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 of 55 mph. The Solo is made out of hardened 

polymer material, 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 of a designated flight area. 

Petitioner will also be using a sUAS manufactured by HD Droneography. This 

sUAS is manufactured on a Tarot 680 frame, made of aluminum 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 ghz radio 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 of helicopter 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 of Washington. 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 333 
B. Crew 

The crew will consist of a 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 or U.S. driver's license. 

The PIC and VO will have been trained in operation of sUASs generally and 

received up-to-date information on the sUAS to be operated pursuant to this 

exemption. 

In the event a drone operator license becomes authorized by the FAA, Petitioner 

requests that any licensed drone operator be granted the authority to operate as 

PIC under this exemption in lieu of a 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 of this Request for Exemption. HD Droneography, 

LLC proposed sUAS operations will be limited to daytime VFR flight at an 

altitude below 400 feet AGL. The sUAS will be operated within visual line of 

sight of the 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 of Air 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 or below 200 feet 

AGL." Unless a letter of agreement with that airport's management is obtained or 

otherwise permitted by a COA issued to the exemption holder. 

In the event of a 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 333 
IV. Proposed Conditions ofthe Exemption 

1. Operations authorized by this grant of exemption are limited to the 3D Robotics Solo, 

or Tarot multi-rotor UAS manufactured by HD Droneography, when weighing less 

than 55 pounds including payload. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted. 

3. The UAS may not be 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 of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feetAGL. The UAS must be operated within 

visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to 

use human vision unaided by any device other than 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 of sight (VLOS) of the 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 must be 

designated before the flight and cannot transfer his or her designation for the duration 

of the flight. The PIC must ensure that the VO can perform the duties required of the 

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 hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. Otherwise, the 

operator must follow the procedures as outlined in its operating documents. The operator may 

update or revise its operating documents. It is the operator's responsibility to track such 

revisions and present updated and revised documents to the Administrator or any law 

enforcement official upon request. The operator must also present updated and revised 

documents if it petitions for extension or amendment to this grant of exemption. If the operator 

detennines that any update or revision would affect the basis upon which the FAA granted this 

exemption, then the operator must petition for an amendment to its grant of exemption. The 

6 HD Droneography, LLC Request Exemption under Section 333 
FAA•s UAS Integration Office (AFS-80) may be contacted if questions arise regarding 

updates or revisions to the operating documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test 

flight prior to conducting further operations under this exemption. Functional test flights may 

only be conducted by a PIC with aVO and must remain at least 500 feet from other people. 

The functional test flight must be conducted in such a manner so as to not pose an undue 

hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and detennine the UAS is in 

a condition for safe flight. The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a 

condition that affects the safe operation of the UAS, the aircraft is prohibited from operating 

until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. 

11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

12 Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, 

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman 

medical certificate or a valid U.S. drivers license issued by a state, the District of Colombia, 

Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the 

flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated 

on his or her pilot certificate. A licensed drone operator, as authorized in the future by 

the FAA, may operate as PIC under this exemption in lieu of a 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 of training 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 of this 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 of agreement 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 §91.13 7 and The aircraft is participating in hazard relief activities and is 

being operated under the direction of the official in charge of on scene emergency 

response activities. The letter of agreement 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. If the 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 or emergencies. 

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 

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (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 if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 4 7, 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 operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the UAS any time the aircraft is operating. These documents must 

be made available to the Administrator or any law enforcement official upon request. 

8 HD Droneography, LLC Request Exemption under Section 333 
24. The UAS must remain clear and give way to all manned aviation operations and activities at 

all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless: 

a Barriers or structures are present that sufficiently protect nonparticipating persons from the 

UAS and/or debris in the event of an accident The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UAS, flight 

operations must cease immediately in a manner ensuring the safety of nonparticipating 

persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with permission 

from the property owner/controller or authorized representative. Permission from property 

owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

If this exemption permits operations for the purpose of closed-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 of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted under 

this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of the 

9 HD Droneography, LLC Request Exemption under Section 333 
UAS; 

d. Make, model, and serial or N-N umber of U AS to be used; 

e. Name and certificate number ofUAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners and/or 

local officials to conduct the filming production event; the list of those who gave 

permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any 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) of the 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 of Petitioner'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) 

If we can provide any additional infonnation to assist your understanding or review of this 

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