Gabriel Rodriguez April 23, 2015

531 W 37th Pl

Hialeah, Fl. 33012

Cell (786)420-1710

Email: GabrielCRodriguez@gmail.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Exemption Request Section 333 of the FAA Reform Act of 2012

 

To Whom It May Concern, 

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption

under section 333 of the FAA Modernization and Reform Act of 2012, I, Gabriel 

Rodriguez, request exemption from the following sections of Title 14, Code of Federal

Regulations §§ 

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409

(a)(1); 91.409(a) (2); 91.417(a) & (b); 

In order to operate small unmanned aircraft systems (UAS) commercially in airspace

regulated by the Federal Aviation Administration (FAA) for the purposes listed here but 

not limited of:

- aerial photography

- cinematography

- videography

These flight operations can be performed safely and more cost effectively with the

use of small UAS at low altitude within the U.S. national airspace system as compared

to a manned aircraft. Operations will be performed only at the request of and with the

authorization and permission of clients or their authorized agents in order to facilitate

commerce and raise awareness of the beneficial uses of small unmanned air systems.

So long as such operations are conducted within and under the conditions outlined

herein or as may be established by the FAA as required by Section 333. The conditions

identified and proposed by the petitioner are drawn from references 1-3. 

The FARs 

The petitioner seeks exemption from the above mentioned FARs for the following

reasons; 
61.113(a) & (b) The petitioner requests relief in order to facilitate the

utilization of pilots, who hold a PRIVATE PILOT (or greater) certificate. Any pilots

operating under this exemption would be required to comply with any conditions as set

forth and in a similar fashion to the previously granted exemptions. 

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU),

operations conducted closer than 500 feet to the ground may require that the UA be

operated closer than 500 feet to essential persons, or objects that would not be possible

without additional relief. The petitioner requests modification, waiver or exemption and

clarification concerning the terms “congested areas” and “densely populated”. The

petitioner requests waiver for this condition to allow reasonable and responsible

operations in areas of subdivisions and neighborhoods if required.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is

inapplicable since the UAS does not have an altimeter and instead utilizes electronic

GPS with a barometric sensor for altitude information. 

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION

SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at less

than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In

addition, similar UAS-specific relief has been granted in Exemption Nos. 8811, 10808,

and 10673 for daytime, VFR conditions. The UAS provides battery power remaining in

percent to the PIC. The UA batteries provide approximately 25 minutes of powered

flight. Information provided in the operating documents discusses procedures regarding

remaining battery power management. Those documents contain a condition in which

the PIC will initiate a landing procedure when battery remaining reaches a specified

level. Given the limitations on proposed operations and the location of those proposed

operations, The FAA found that a reduced minimum power reserve for flight in daytime

VFR conditions was reasonable. 

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed in

Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and

ensure that the UAS is in a condition for safe flight in accordance with the operating

documents. The FAA found that adherence to the petitioner’s operating documents and

the conditions and limitations specified, describing the requirements for maintenance,

inspection, and recordkeeping, were sufficient to ensure that safety would not be

adversely affected.

The UAS

The DJI Phantom 2 (Zenmuse H4-3D) is a highly successful consumer grade small

rotorcraft in the quadcopter configuration with an advertised weight of less than 44

Ounces (1242g) designed primarily to carry aloft a high definition camera. It has an

advertised maximum speed of less than 30 knots (15m/s) and a maximum climb rate of
less than 1200 feet per minute (6 m/s). It is powered by four electric motors with a

distance between motors of less than 14 inches (350mm) It utilizes an internal inertial

measuring unit (IMU) with integrated barometric sensor augmented with global

positioning system (GPS) to maintain its geospatial orientation and position. It is

controlled primarily through an FCC certified radio control (RC) unit. Real time video

and telemetry information is transmitted back to a ground control station allowing the

operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL),

distance from PIC, camera imagery, and control camera angle. It has failsafe modes of

operation for either loss of RC or GPS signal. Altitude can be limited by the onboard

flight controller and maximum altitude can be preprogrammed by the PIC. Battery life

limits flight times to approximately 25 minutes. The onboard flight controller will warn the

pilot via telemetry and external lighting cues before reaching a low battery state. An

automatic termination of flight and landing will be initiated when the battery reaches a

predetermined low state. It is anticipated that flights will usually last less than 10

minutes.

Risk mitigation 

The petitioner has reviewed FAA exemptions reference’s 1-3 Conditions and

Limitations section and believes that the procedures specified therein are reasonable

and will be utilized in order to manage and mitigate risk and ensure public safety. A

preflight checklist will be developed and employed to ensure that the UA airworthiness

will be verified before launch. Airworthiness will be maintained by performance of

routine inspections before each flight, maintaining flight and maintenance logs to record

time on failure prone components.

The petitioner request that in a manner similar to reference 3, he be allowed to

operate within 5 miles of an airport provided that;

“The UA may not operate in Class B, C, or D airspace without

written approval from the FAA. The UA may not operate within 5 nautical

miles of the geographic center of a nontowered airport as denoted on a

current FAA-published aeronautical chart unless a letter of agreement with

that airport’s management is obtained, and the operation is conducted in

accordance with a NOTAM as required by the operator’s COA. The letter

of agreement with the airport management must be made available to the

Administrator upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner

is requesting a mechanism to facilitate such activities without requesting a new and

separate exemption(s) should the need arise. Operations within class B airspace are

not requested due to the lack of mode C transponder.
Conclusion

The petitioner is requesting this exemption for the purposes of “aerial

photography, cinematography, videography and other flight operations”.

The reason for such a general and broad based request is that the petitioner wishes to

utilize a business strategy of horizontal integration and maximize economies of scope in

order to capitalize on opportunities as they may arise in the future without the long turn

around time associated with additional exemptions.

The petitioner's business model is based on the idea of offering UAS services to individ

uals or companies who wish to employ these services as a safe, effective, and legal opti

on to enhance their business or hobby. The petitioner’s own market research shows pe

nt up demand for these services in videography and photography.

A quick internet search will show that many are currently operating similar UAS in exactl

y this fashion without, it is assumed, FAA authorization. The petitioner has refrained fro

m engaging in commercial use of the UAS. The primary purpose of seeking this exempti

on is to obtain the capability to offer those services while remaining in compliance. The

petitioner has 10 years’ experience with radio controlled vehicles as a hobby.

Respectfully submitted, 

Gabriel Rodriguez