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 quadcopter Unmanned Aircraft System (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 Charge [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 

use 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 mapping 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 approving 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 ultralight weight, unmanned (piloted by remote control) and comparatively inexpensive UAS in tightly 

controlled and limited 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, Inc (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 share 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 

purposes. 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 Shot 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 promote 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

Drone Shot Co.

401 69th St Unit#1605

Miami Beach,Fl.33141

Mobile: (786) 804 0723

Email:

dronesshot@gmail.com
II 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 national 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 “small 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 which 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 aerial 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-rotating 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 lost 

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 financial 
loss, 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 incorporated 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 zone 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-safe/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 are 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 designed 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 depending 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 believe 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 falls well within Congress’s contemplated safety 

zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the 
national 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 photogrammetry 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 can 

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 Equal 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 contribute 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 Shot 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 to 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 extensive 

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 potential 

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 addition 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 absent 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 local 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 and 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 

accumulated 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: Airworthiness 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 operational 

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 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 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 manual 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 weather, 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 barometric 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 registrations 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 allows 

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 will 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. Nonparticipating 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 can 
sufficiently protect 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): Maintenance 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 paragraph (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 precaution 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, 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 operational 

area of Drone Shot’s UAS permits exemption from Part 21 because Drone 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 previously 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 safety 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 small 

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 and golf courses. Currently, area 

awareness, filmmaking, real estate aerial videography/photography, golf course mapping, agricultural 
mapping, and photogrammetry for various industries relies primarily on the use of larger aircraft 

running on combustible fuel, 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 information 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 respectfully 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