10.04.15 LarryLaBonte Drone Arial PhotographyLLC 1433 South Ridgewood Ave DeLand, FL 

### 32720

U.S. Department ofTransportation Docket Operations WestBuilding Ground Floor Room Wl2

-140 1200 New Jersey Avenue, SE., Washington, DC 20590

-0001
RE: Exemption Request Section 333 ofthe FAA Reform Act of2012 and Part 11 ofthe Federal Aviation Regulations
Dear Sir or Madam; In accordance with the Public Guidance for Petitions for Exemption filed under Section 333, Drone Arial Photography, LLC requests exemption from the Federal Aviation Regulations to allow for commercial UAS operations ofa DIT Phantom 3 Advanced, for the purpose ofaerial photography,tower inspection, real estate marketing, surveying, agricultural mapping and other flight operations thatcould be performed safely and more cost effectively than a traditional manned aircraft

. Applicant: Drone Arial Photography LLC Larry LaBonte, Owner 1433 South Ridgewood Ave DeLand, Florida 32720 larry@labonte.com
386.748

.6727 Regulations from which the exemption is requested: 14 CFR 21 , Subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a) 14 CFR 91.7 (a) 14 CFR 91.9 (b)(2) 14 CFR 91.103 (b)(2) 14 CFR 91.l0914 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 

### 14 CFR 

### 91.407 (a)(l) 14 CFR 91.409 

### (a)(l) & (a)(2) 14 CFR 91.417 (a) & (b) 

### 14 CFR21, Subpart H - In consideration ofthe size, weight, speed, and limited operating area associated with this UAS and its operation, DroneArial Photography requests relieffrom 14 CFR part 21, Subpart H, and any associated noise certification and testing requirements ofpart 36. The UAS will carry neither pilot, passenger, explosive materials nor flammable liquids. 

### 14 CFR45.23 (b)- Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental"can be placed. Given the size ofthe UAS, two

-inch lettering will be impossible. The word "Experimental"will be placed on the fuselage in compliance with §45.29 (f). The equivalent level ofsafety will be provided by having the UAS marked on its fuselage as required by §45.29 (t) where the pilot, observer and others working with the UAS will seethe identification ofthe UAS as "Experimental." 

### 14 CFR61.113 (a) 

### & 

### (b) & 

### 14 CFR61.133 (a)- Since the UAS will not carry a pilot or passengers Drone Arial Photography requests a relieffrom these regulations. Any pilot in command or (PIC) operatingthe UAS will hold a Sport Pilot (or greater) certificate. A visual observer or (VO) will be utilized and required to communicate verbally at all times

. The UAS will be limited to operations within visual distance ofboth the PIC and VO. All UAS operations will take place in a controlled area. The risks associated with the use ofa UAS are far less than similar commercial aircraft operations. 

### 14 CFR91.7 (a)-Since the UAS will not carry a pilot or passengers there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAAregulatory standard exists for determining airworthiness. Given the size ofthe aircraft, maintenance, and use ofsafety checklist prior to each flight, an equivalent level ofsafety will be provided. All flights will be in accordance with the safety and maintenance recommendationsfound in the DJI Phantom attachments. 

### 14 CFR91.9 (b)(2)- Given the size and configuration, the UAS has no ability to carry a flight manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual. 

### An equivalent level ofsafety will be maintained by keeping the flight manual at the ground station wherethe UAS pilot will have immediate access to it. 

### 14 CFR91.103 (b)(2) -Asno FAAapproved flight manuals will be provided for the aircraft an exemption is needed

. Alternate procedures including but not limited to reviewing weather conditions, checking flight battery requirements, checking takeoff and landing distances along with those found in the attached "DJI Pilot Training" will be implemented. These actions will provide an equivalent or higher level ofsafety. 

### 14 CFR91.109- UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is achieved through the use ofa control box that communicateswith the aircraft via radio communications. An equivalent level ofsafety will be achieved using the real time ground station dataand given the UAS will carry neither a pilot or passengers. 14 CFR91.119 (c)-The UAS will never be operated at an altitude higher than 400 feet AGL. The UAS will operate in safe areas away from public and traffic and only with permission ofthe property and structure owners. The UAS will also be restricted by the flight controller to a maximum vertical height of400 feet AGL, and line ofsight horizontal. Given the size, weight, maneuverability and speed ofthe UAS, an equivalent or higher level ofsafety will be achieved. 14 CFR 91.121-As the UAS may not have a barometric altimeter, but instead a GPS barometric sensor for altitude information an exemption may be required. An equivalent level ofsafety will be achieved using a ground station which links to a telemetry data link. This will provide the pilot with live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator prior to flight. 14 CFR91.151 (a)-The UAS has a limited range and will be limited to operations in a controlled environment. The battery power the UAS provides approximately 23 minutes offlight time. The UAS is unable to meet the 30 minute reserve requirement and therefore requires an exemption. 

### An equivalent level ofsafety will be achieved by monitoring the battery through the ground station and landing with a minimum of30 percent battery power remaining. 14 CFR91.203 (a) & (b)- Given the size and configuration, the UAS has no ability to carry a flight manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual. An equivalent level ofsafety will be maintained by keeping the flight manual at the ground station where the UAS pilot will have immediate access to it. Given the following sections only apply to aircraft with an airworthiness certificate, these sections do not apply to this applicant. As a safety precaution, the operator will perform preflight inspections and ensure UAS is in working condition before initiating each flight: 14 CFR 91.405 (a) 14 CFR 91.407 (a)(l) 14 CFR 91.409 (a)(l) & (a)(2) 14 CFR 91.417 (a) & (b) Equivalent Level ofSafety
In addition to the safety standards mentioned above the UAS will adhere to the following additional guidelines: 1

. The UAS will not be operated within 1 5 miles ofan airport (as part ofDJI software lockout) unless prior contact to Air Traffic Control has been established. 2. Flights will not exceed the an airspeed of36 mph (31.3 knots) 3. Flights will be operated at or below an altitude never exceeding 400 feet AGL. 4. The PIC and VO will communicate verbally at all times. 5. UAS operations will not be conducted during night. 6. All operations will be conducted under visual meteorological conditions. 7. The UAS will land with a minimum 30 percent battery reserve remaining. 8. The UAS will only be piloted within visual line ofsight. 9

. The UAS will utilize an internal flight safety feature that will return to a preprogrammed position and land ifcommunication with the remote control is lost

.10. Preflight inspections and protocol will be followed prior to all operations. 11. The UAS will abort flight in the event ofunpredictable obstacles or emergencies

. Public Interest We believe the use ofa UAS in lieu ofa manned aircraft would enhance safety and reduce the environmental impact compared to similar operations conducted with a manned aircraft carrying a crewand flammable fuel. The inspections ofcellular communication towers or similar structures will eliminate the risks associated with persons attempting to climb these structures. The photographs and video collected will provide engineers with valuable information as to the safety ofthese structures. The inspectionsofconstruction sites by UAS instead ofpersons in and around associated equipment will provided a greater safety. Vertical photography ofconstruction will eliminatethe need for peopleto climb ladders orbe lifted by mechanical means to inspect. The use ofUAS in voluntary serviceto local community, law, disaster officials for assistance in search and rescue, disaster/catastrophic eventassistance in photographicreview orhigh resolution film as requested in the nature ofa public service

. The use ofa UAS in the real estate industry provides a higher level ofmarketing and service. The UAS is able to provide a view which encompasses the entireproperty in a single photo or short video clip. When compared to similar operations, utilizing a UAS poses much less ofa safety concern for the general public with less fuel, time, noise and otherresources. Privacy All flights over private orcontrolled areas will be with the owner'sknowledge and consent. Capturing people in images will rarely, ifever in occurprivate areas. Ifa person is captured in a collected image they will have consented prior to filming or otherwise have agreed to be in the area prior to the filming taking place.

arry LaBonte Owner Drone Arial Photography, LLC