## Drone Shot Co.

– Section 333 Exemption Petition

July 1, 2015
U. S. Department of Transportation Docket Management System

1200 New Jersey Ave,
SE Washington, DC 20590
Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation
Regulations from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91.7(a); 91.9(b) (2);
91.103(b); 91.109; 91.119(a)(b), 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a)
(1); 91.409(a) (2); 91.417(a)&(b); 14 C.F.R. 407(a)(1); 14 C.F.R. 409(a)(2); and 14
C.F.R. 417(a)&(b)

Attn: to whom may concern,
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the
“Reform Act”) and 14 C.F.R. Part 11, Drone Shot Co. the owner and operator of the DJI Phantom 2 quad

copter Unmanned Aircraft Sys tem (UAS), seeks an exemption from the Federal Aviation Regulations.
(“FARs”) listed below so that Drone Shot Co. can operate our small ultra

- light weight UAS commercially in airspace regulated by the Federal Aviation Administration (“FAA”).
(Pilot in Char ge [PIC]) and a visual observer (VO)that can perform the functions prescribed in the operating manual for all flights under this Exemption, if granted.
The requested exemption would support an application for a commercial Certificate of Authorization to

us e the system to perform aerial mapping to enhance academic community awareness, augment real estate listing videos, filmmaking, golf course, mapping, agricultural mapping, and photogrammetry for various industries.

Use of the DJI Phantom 2 UAS for aerial m apping reduces the need to operate conventional aircraft for the same purpose and provides very high quality imagery at a fraction of the dollar cost and danger to human life of using conventional aircraft. Note; the VO will not be operating the UAS.By ap proving these exemptions, the FAA will create benefits through safer survey methods by UAS,

resulting in decreased potential for loss of life and enhanced efficiency and productivity for the affected activities, as well as environmental benefits, which are all ultimately in the public interest.
Committed to safety with each flight, Drone Shot's, exemption request would permit operation of ultra

light weight, unmanned (piloted by remote control) and comparatively inexpensive UAS in tightly controlled and lim ited airspace. 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. In addition, Douglas Trudeau (Exemption No. 11138) and Slugwear, I nc (Like On A Tree; Exemption No. 11157) were granted exemptions for these types of surveys with the DJI Phantom 2. Drone Shot has created and will follow its UAS Flight Protocols and Controls for safe operation to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive to lightweight UAS's specific video and photography usage as Drone Shot records flight data and other information gained through permitted flight operations to shar e with the FAA through any required FAA reports to assist with future protocol and safety regulation.
Granting Drone Shot request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS 's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real estate/Realtor
pur poses. Further, Drone Shot, will conduct its own operations in compliance with the protocols described herein or as otherwise established by the FAA.
For the reasons stated below, Drone Shot, respectfully request the grant of an exemption allowing Drone Sh ot to operate ultra

- light weight, remote controlled UAS’s for community awareness, enhance real estate listing videos for homeowners, filmmaking, golf course, mapping, agricultural mapping, and photogrammetry for various industries. All of which will promo te local economic growth through increased employment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard.

I Contact Information:
Gonzalo Noguera

Dro ne Shot Co.

401 69th St Unit#1605

Miami Beach,Fl.33141
Mobile: (786) 804 0723

Email:
dronesshot@gmail.comII The Specific Sections of Title 14 of the Code of Federal Regulations From Which Drone Shot Requests

Exemption are:

14 CFR part21;

14 CFR 45 23 (b);

14 CFR 91, et seq;
14 CFR 407 (a)(1)
14 CFR 409 (a) (2); and,
14 CFR 417 (a) & (b).

III The Extent of relief Drone Shot seeks and the Reason Drone Shot Seeks Such Relief:

Drone Shot submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent Drone Shot contemplated commercial cinematic, academic and other flight operations within the nation al airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Drone Shot's, ultra

- light weight UAS meets the definition of “s mall unmanned aircraft” as defined in Section 331 and therefore the integration of Drone Shot's ultra

- light weight UAS is expressly contemplated by the Reform Act.
Drone Shot would like to operate its ultra

- light weight UAS prior to the time period by whic h the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all agriculture, mapping, and real estate related UAS aeri al video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities 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 exemption for Drone Shot.
Drone Shot’s UAS utilizes four (4) counter

- rotati ng propellers for balance, control and stability. Weighing less than five (5) pounds (far below the maximum 55 pound limit);including camera with gimbal. Drone Shot’s UAS is equipped with a compass, GPS, auto return safety technology if communication is lo st between the UAS and the controller, Real

- Time Fight Data Display, and a No Fly Zone software default setting to force the device to abide by International Civil Aviation Organization regulations.
Drone Shot considers safety as foremost with each flight. Drone Shot’s small UAS 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 financialloss, Drone Shot will not fly in winds exceeding 16 kph (10 mph) nor exceed an indicated airspeed of 29

knots (15 m/s).DJI’s “No Fly Zone”: Two classes in this mode limit the DJI Phantom 2’s ability to fly near restricted airport air space. Class A will not allow the UAS to take off within 1.5 miles of the GPS location of an airport. Class B will has inc orporated an increasing height limit from 35 feet AGL at 1.5 miles from an airport, increasing to 400 feet at 5 miles an airport. The UAS control system will also automatically warn the PIC when the UAS has approached within 330 feet of the 5

- mile buffer z one around an airport. This software will also not allow the user to set GPS waypoints within 5 miles of the 5

- mileNo Fly Zone around an airport. For further details, visit http://www.dji.com/fly

- s afe/category

- mc

Built

- in safety Real

- Time Flight Data includes UAS flight height, horizontal speed, vertical speed, and distance from the PIC.

Built

- in safety systems include a GPS mode that allows Drone Shot’s UAS to hover in place when radio controls a re released. With three modes to choose from, Drone Shot will utilize the Smart Mode for aerial videography/photography. This is the safest, most reliable and stable mode to prevent accident and hazard. When PIC communication is lost, Drone Shot’s UAS is d esigned to slowly descend to point of take

- off (Return to Home). Drone Shot will not operate the UAS near Airports, Hospitals, nor Police heliports, and will not operate near areas where general public is within fifty to one hundred (50

- 100) yards dependin g on location, conditions and weather. Drone Shot’s PIC and VO will be on constant alert for any manned aircraft (Police/Medical helicopters, etc.) or other UAS, and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft or UAS approach Drone Shot's location, or Drone Shot suspects manned aircraft or UAS may approach near our location. Drone Shot’s UAS is capable of vertical and horizontal operations, and is only flown within the line of sight of both the PIC and VO. Utilizing battery power rather than combustible fuels, flights with Drone Shot’s UAS generally last between five (5) to seven minutes, with an altitude under 400 feet.
Drone Shot will utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is nine (9) to 12 minutes as tested. Drone Shot will not operate our UAS at or below manufacturer recommend minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation.Drone Shot does not belie ve in taking risk that may cause a crash that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. Drone Shot has clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of this specific UAS's performance under different temperature and weather conditions. Drone Shot also practices computerized simulated flights to maintain adequate skills and response reflex time, for the sake of safety. Drone Shot is extremely cautious when operating any UAS and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b).
Given the small size and weight of Drone Shot’s UAS, it fal ls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into thenational airspace system. Drone Shot UAS, used in hobby flight, has a demonstrable safety record and

does not pose any threat to the general public or national security.
IV. How Drone Shot’s Request Will Benefit the Public As A Whole:
Aerial videography for geographical awareness in real estate, filmmaking, golf course, mapping, agricultural mapping, and photogram metry for various industries has been around for a long time through manned fixed wing aircraft and helicopters. For small budget companies, farms and average homeowners, the expense of manned aerial videography is cost prohibitive. Only large companies ca n afford to absorb such expense, this depriving the remainder of the public from a valuable marketing a and mapping tool.
V. Reasons Why Drone Shot’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Eq ual To Existing Rule:
Drone Shot’s exemption will not adversely affect safety. Quite the contrary, for the reasons stated, permitting Drone Shot to log more flight time in FAA controlled airspace, with communication with the FAA, will allow us to contribut e to the innovation and implementation of new and novel techniques for realtors, filmmaking, golf courses, agricultural mapping, and photogrammetry for various industries as well as continuing to educate the public through publishing articles. In addition, Drone Shot submits the following representations of enhancements to current aerial videography and photography for real estate, filmmaking, golf courses, agricultural mapping, and photogrammetry for various industries:
Drone Shot’s UAS weighs less than 5 pounds complete with a small ultra

- light weight high quality GoPro 4 Black camera; Drone Shot will only operate this UAS below 400 feet, as recommended by the FAA Modernization and Reform Act of 2012; Drone Shot’s UAS will only operate for 10 minutes per flight; Drone Shot will land this UAS prior to manufacturer recommended minimum level of battery power, 30% battery power remaining. Also, Drone Shot’s UAS has an automated function which results in immediate landing when a low battery is detected; Drone S hot will pilot this UAS through remote control by line of sight; Drone Shots UAS has GPS

- controlled autopilot system to maintain UAS stability and control, Drone Shot's UAS has an Auto Return

- to

- Home & Landing function to increase safe return of the UAS to the ground, A pre

- programmed flight safety feature whereby Drone Shot’s UAS automatically hovers and then slowly lands if communication with the remote control pilot is lost; Drone Shot will actively analyze flight data and other sources of information t o constant update and enhance safety protocols; Drone Shot will only operates in reasonably safe environments that are strictly controlled and are away from: power lines, elevated lights, airports and actively populated areas; Drone Shot will conduct exten sive
pre

- flight inspections and protocol review, during which safety carries primary importance; Any maintenance or alterations of Drone Shot’s UAS that could affect operation or flight characteristics will require a functional test flight before returning to work; Drone Shot will always obtain all necessary permissions prior to operation, Including issuing a notice to airmen(NOTAM)prior to operations; and, Drone Shot will have procedures in place to abort flights in the event of safety breaches or potentia l danger.In recognition of the FAA’s Exemption No. 11062, and specifically Exemption No. 11138 for the same

UAS model (DJI Phantom 2); prior to conducting operations for the purpose of aerial photography/videography, Drone Shot’s PIC will have accumulated 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours as a UAS pilot with a multi

- rotor UAS. Prior to operations, Drone Shot’s PIC must also have accumulated a minimum of 5 hours as a UAS pilot operation the DJI Phantom 2. In additi on to the hour requirements, the PIC must accomplish 3 take

- offs and landings in the preceding 90 days (for currency purposes). Drone Shot’s, safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that abse nt the integration of commercial UAS into our national 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 astounding, there has been loc al incidents involving loss of life as well as extensive property damage; it is far safer to operate a battery powered ultra

- light weight UAS.
First, the potential loss of life is diminished because UAS's carry no people on board and Drone Shot will only operate its UAS in specific areas away from mass populations.
Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished.
Third, the small size and extreme maneuverability of Drone Shot’s 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, Drone Shot’s UAS need not be so close to the objects they are focused on through the technology a nd use of post editing software allowing pan and zoom. Accordingly, Drone Shot’s UAS has been experimentally operated for familiarization/competency and will continue to operate at and above current safety levels. Furthermore, Drone Shot’s PIC has accumula ted 25 hours of total time as a UAS multi

- rotor pilot. Drone Shot’s PIC has also accumulated more than 5 hours as a UAS pilot operation the DJI Phantom 2.
VI A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworth iness Certificates, Manuals and The Like.14 C.F.R. Part 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed ope rational area of Drone Shot’s UAS permits exemption from Part 21 because Drone Shot’s UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certifi cate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverabi lity and proximity to areas such as airports and dense populations. Drone Shot’s current UAS meets or exceeds each of the elements.
14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. However, Drone Shot’s PIC will still ensure that the UAS is in an airworthy condition based on compliance with the operating documents prior to every flight.14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or

passengers, and given the size of the UAS, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight ma nual delineating areas where safety can be defined

. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,10602, 10700 and 32827. However, Drone Shot ’s UAS operations manual will be kept in a location accessible by Drone Shot’s PIC.
14 C.F.R. § 91.103 regarding preflight action. Drone Shot’s PIC will take certain actions before flight to ensure safety of the flight. These will include reviewing weath er, flight battery requirements, landings, and takeoff distances and aircraft performance data before initiation of the flight.
14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Drone Shot’s UAS utilizes electronic GPS with a barom etric sensor. According to the manufacturer of Drone Shot’s UAS, the GPS sensor is accurate to 2.6 feet Vertical and 8.2 feet Horizontal. These accuracies are adequate for Drone Shot to safely operate the UAS for its exempted purposes.
14 C.F.R. § 91.203 ( a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registr ations by Drone Shot in a location accessible by Drone Shot’s PIC.
B. 14 C.F.R. § 45.23: Marking of The Aircraft.
Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Drone Shot’s UAS, by definition, is unmanned. Therefore the UAS does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.C. 14 C.F.R. 91.119: Minimum Safe Altitudes.
14 C.F.R. § 91.119(a) and (b) prescribes safe altitudes for the operation of civil aircraft. It allo ws helicopters to be operated at lower altitudes in certain conditions. Drone Shot’s UAS will never operate at an altitude greater than 400 AGL; safely within the standard 400 AGL as recommended by the FAA Modernization and Reform Act of 2012. Drone Shot w ill however operate its UAS in safe areas away from areas depicted in “yellow” on VFR charts, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Drone Shot will conduct all operations under Drone Shot’s Protocols and Controls , including posting a warning sign reading: “Attention Aerial Photography in Progress

– Remain Back 150 Feet”. Drone Shot will operate its UAS in accordance with Exemption No. 11109, which may require the UAS be operated closer than 500 feet to essential persons. Non

participating persons must remain at appropriate distances (500 feet) from the UAS, and if they need to be closer than 500 feet, non

- participating persons will remain behind barriers or structures that cansufficiently p rotect them from the UAS debris in the event of an accident. Given the size, weight,

maneuverability and speed of Drone Shot’s UAS, an equivalent or higher level of safety will be achieved
D. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): M aintenance Inspections.

The above

- cited Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragra ph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .”
These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to Drone Shot’s UAS. However, as a safety preca ution Drone Shot’s PIC and VO will inspect Drone Shot’s UAS before and after each flight.
A Summary the FAA May Publish in the Federal Register:
A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, en titled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1).The size, weight and enclosed operational area of Drone Shot’s UAS permits exemption from Part 21 because D rone Shot’s UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Drone Shot’s UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91 .9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previ ously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of saf ety will be achieved.
In summary, Done Shot seeks an exemption from the following
Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(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 (a)(b); 14 C.F.R. § 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 Drone Shot’s s mall unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness, real estate operations, filmmaking, golf course mapping, agricultural mapping, and photogrammetry for various industries and to develop economic platforms for real estate a nd golf courses. Currently, area awareness, filmmaking, real estate aerial videography/photography, golf course mapping, agriculturalmapping, and photogrammetry for various industries relies primarily on the use of larger aircraft

running on combustible f uel, posing potential risk to the public. Granting Drone Shot’s request for exemption will reduce current risk levels and thereby enhance safety. Drone Shot’s UAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real estate video and photographic aircraft with much less flight time. Further, Drone Shot will operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. Drone Shot has been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for real estate usage that exceeds currently accepted means and methods for safe flight. Formal collection of informati on shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012.
There are no personnel on board Drone Shot’s UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. Drone Shot’s operation of its UAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly, Drone Shot r espectfully request that the FAA grant Drone Shot’s exemption request and Drone Shot is willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.
Respectfully submitted
Gonzalo Noguera

Drone Shot Co.

401 69th St Unit#1605

Miami Beach,Fl.33141
Mobile: (786) 804 0723

Email:
dronesshot@gmail.com