7/14/2015

United States Department of Transportation

Docket Operations

1200 New Jersey Ave. SE

West Building Ground Floor Room W 12-140

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012, and March 23, 2015, `Blanket"

CoA

Dear Sir or Madam:

I am writing pursuant to the FAA Modernization and Reform Act of 2012 (the "Reform Act") and Blanket COA, of

March 23, 2015 and the procedures contained in 14• C.F .R. 11, to request that Richard Alvarado, owns and operates

a DJI Phantom 2 Vision iJNMANNED AIRCRAFT SYSTEM (UAS), and a transportable ground station.

Richard Alvarado is petitioning for exemption to operate a series of UAS platforms that have been previously

approved by exemption. Namely:

DJI Phantom 2 -Exemption 11398

DJI Phantom 2 Vision -Exemption 11310

DJI Phantom 2 Vision+ -Exemption 11398

DJI Inspire -Exemption 11398

DJI Phantom 3 Professional -Similar to Exemption 11310

DJI Phantom 3 Advanced -Similar to Exemption 11398

This submission does not include the Operating Manuals for each model requested above, as they have been

reviewed by the Administrator in granting previous exemptions. Copies of all Operating Manuals for the individual

models listed will be submitted on request. It should be noted, that while the FAA has not previously granted an

exemption for the DJI Phantom 3 series, it is an upgraded version of the DJI Phantom 2 including components

pioneered by DJI with the Inspire 1.

These are referred to as quad-copters with the maximum gross weight not exceeding 15 pounds. It is equipped with

four rotors that are driven by electric motors powered by batteries. These quad-copters have a maximum airspeed of

45 knots and to be exempted from the Federal Aviation Regulations (FAR's) listed below.

The exemption is needed in order to operate a small lightweight unmanned aircraft system (UNMANNED

AIRCRAFT SYSTEMS (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA).

These operations will be conducted within and under the conditions outlined herein or as may be established by the

FAA as required by Section 333.§ 11.81.

The following aspects of Section 333 of the FAA Modernization and Reform Act of2012 should be considered.

The following information is submitted to meet the requirement of the above act.

1. Name and address:

a. Richard Anthony Alvarado

b. 22907 Wilderness Rd, Edmond OIC, 73025

c. Office: 405-812-43 54

d. Email: pdra0969@yahoo.com

2. The Specific Sections of Title 14 of the Code of Federal Regulations fi•om which Richard Alvarado

Requests Exemption are:

14. CFR21;

14. C.F.R.45.23(b);

14. CFR 61.113 (a) & (b);

14. C.F.R. 91, et seq.;

14 CFR 407 (a) (1);
14. CFR 409 (a) (2); and,

14. CFR 417(a)&(b).

3. The extent of relief you seek, and the reason you seek relief:

Richat•d Alvarado, respectfully submits this request in harmony with the Reform Act, 112 P.L. 95 §~ 331-334•,

pursuing reprieve from any currently applicable FARs operating to preclude me, Richard Alvarado's intended use is

saleable aerial cinematography in video or still format within the Greater Oklahoma region to provide information

for intended parties that enhances real estate listings or any legal business that provide supplementary tool adding a

greater degree of flexibility which supplements the present abilities obtainable by manned aircraft inside the national

airspace system.

The Reform Act in Section 332 provides for such incorporation of civil unmanned aircraft systems into our national

airspace system as it is in the public's interest to do so. Richard Alvarado's quad-copter small iJNMANNED

AIRCRAFT SYSTEMS (UAS), meets the definition of "small unmanned aircraft" as defined in Section 331 and

therefore the integration of my ultra-light weight UNMANNED AIRCRAFT SYSTEMS (UAS) is expressly

considered by the Reform Act. Richard Alvarado would like to operate his UNMANNED AIRCRAFT SYSTEMS

(UAS), prior to the time period, by which the Reform Act requires the FAA to broadcast rules governing such craft.

The Reform Act guides the Secretary in defining the types of UNMANNED AIRCRAFT SYSTEMS (UAS)'s that

may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall

capabilities of the UNMANNED AIRCRAFT SYSTEMS (UAS)'s; whether the L1i~IMANNED AIRCRAFT

SYSTEMS (UAS) will be operated near airports or heavily populated areas; and, Whether the i.JNMANNED

AIRCRAFT SYSTEMS (UAS) will be operated by line of sight. My T_TNMANNED AIRCRAFT SYSTEMS (UAS)

operates four (4) counter-rotating propellers for stability, conhol and steadiness. My iJNMANNED AIRCRAFT

SYSTEMS (UAS) is equipped with GPS and auto return safety technology. Weighing less than ten (10) pounds far

below the maximum 55 pound limit); including camera with gimbal.

Operation of the UNMANNED AIRCRAFT SYSTEMS (UAS) preceding flight and post flight must be operated in

a check list format and that safety is paramount with each flight. My i_JNMANNED AIRCRAFT SYSTEMS (UAS)

are designed to hover in place via GPS and operate in less than a 45 knot wind. Richard Alvarado will operate these

UNMANNED AIRCRAFT SYSTEMS (UAS) with in mind that safety, stability and fear of detrimental financial

loss, I will not fly in winds exceeding 13 knots (15 mph). Built in safety systems include a GPS mode that allows

my UNMANNED AIRCRAFT SYSTEMS (UAS) to hover in place when radio controls are released. This is the

safest, most dependable and unwavering mode to prevent accidents and haza►•ds. When pilot communication is lost

these T_TNMANNED AIRCRAFT SYSTEMS (UAS) are designed to slowly descend to point of origination, the

UNMANNED AIRCRAFT SYSTEMS (UAS) has a function that instantaneously video records once

communication is lost. I do not and will not operate my LJ~VMANNED AIIZCRAFT SYSTEMS (UAS) near airports,

Hospitals or helipads, and do not operate near areas where the general public is one hundred (100) yards depending

on location, conditions and weather. Richard Alvarado is constantly and vigilantly on alert for any manned aircraft

and prepared to either avoid and shall yield the right-of-way to all aircraft and operate in a manner to avoid any type

of collision hazard with respect to persons on the ground or property and to land/terminate instantly to the nearby

and safest ground point should a manned aircraft approach my location or should I suspect manned ait•craft may

approach near my location. My UNMANNED AIRCRAFT SYSTEMS (UAS) are capable of vertical and

horizontal operations, and are flown only within my line of sight. As the Remote controlled pilot, the

iJNMANNED AIRCRAFT SYS'T`EMS (UAS) is operation under the power of a battery power rather than

combustible fuels, flights generally last between ten (10) and fifteen (15) minutes, with an altitude under two

hundt~ed (200) feet, conducted during daytime, visual flight rules (VFR) condition and within visual line of sight

(VLOS) of me. I will follow FAA guidelines of operation 5 NM from an airport having an operational control tower

3 NM from an airport with a published instrument flight procedure, but not an operational tower or 2NM from an

airport without a published instrument flight procedure or a operational tower or 2 Nm from a heliport with an

instrument flight procedure.

4. Ho~v Request Will Benefit the Public As A Whole:
In-flight videography for topographical awareness and real estate marketing or any legal business utilizing aerial

photographs for video has been around for an extensive period of time done with manned fixed wing aircraft and

helicopters. For the small budget businessperson the expense of such aet•ial Videography is an enormous fee and

cost prohibitive. Depriving, many of the smaller businesspersons from exploiting a valuable advertising tool.

Manned aircraft exposes a superior hazard to the public through conceivable cataclysmic crash causing loss to

property and or life, iJNMANNED AIRCRAFT SYSTEMS (UAS) pose no such hazards due its size, speed and

nonexistence of flammable fuel significantly reduces any potential threat to the public.

5. Reasons Why Exemption Will Not Adversely Affect Safety or How the Exemption Will Provide a

Level of Safety At Least Equal To Existing Rule:

Richard Alvarado's safety protocols will enhance safety; exemption will not adversely affect safety. In addition, I

submit the following t•epresentations of enhancements to current aerial videography and photography for real estate

or any legal business requiring photographic images:

Richard Alvaradds UAS weigh less than 15 pounds complete with DJI Factory installed camera:

The listed UAS, firmware are programmed for maximum 300 feet above ground level and 1000 feet radius distance

are limited distance for maintaining Visual sight line of operation. Most intended operation will only requires range

of 25-125 above ground level and less than 200 feet lateral distance from Pilot in command.

Current firmware upgrades tor:

➢ Main Controller

➢ GPS

➢ Receiver

➢ Battery

➢ Zen IMLJ

Current Physical upgrades:

➢ DJI factory Prop Guards

I. I for one always obtain all essential permissions prior to operation and post a warning sign reading

"Attention Use of Quad Rotor Drone for Aerial Photography in progress- Remain Bacic 125 feet' ;

2. I for one will conduct operations under strict personal and flight safety protocols and constantly strive to

update and enhance safety protocols;

3. I for one conduct extensive pre-flight inspections and protocol, during which safety carries principal

importance;

4. No payloads other• than gimbaled camera;

5. I for one only operate in reasonably sate environment that are strictly conh•olled, are away from power

lines, elevated lights, airports and actively populated areas;

6. I for one, pilot my iINMANNED AIRCRAFT SYSTEMS (UAS) through t•emote control only by line of

sight;

7. I for one, only operate my iJNMANNED AIRCRAFT SYSTEMS (UAS) with a height limitation set for a

maximum of 200 feet ABOVE GROiJND LEVEL and during the day (Operating -50% inside the 200 foot

permissible ceiling set by the FAA

Modernization and Reform Act of 2012);

8. I for one, T_JNMANNED AIRCRAFT SYSTEMS (UAS) only operate for 3-7 minutes per flight, well with

in tolerances issued by the manufacture;

9. I for one will land my UNMANNED AIRCRAFT SYSTEMS (UAS) prior to manufacturer recommended

minimum level of battery power;
10. I for one will employ the GPS the flight safety feature whet~eby it hovels and then slowly lands if

communication with the remote control pilot is lost and continues to record flight as per manufacture settings;

11. I for one will maintain records specific to retain until the work is repeated or superseded by other work for

one year after the work is performed;

12. I for one will maintain records, shall retain and transferred with the aircraft at the time the aircraft is sold;

13. I for one will list or denote in records a list of defects furnished to a registet•ed owner or operator shall be

retained until defects are repaired and the aircraft is approved for return service;

14. I for one will use Visual flight rules (VFR) condition and within visual line of sight (VLOS) of me.

15. I will not have flights within 5 NM from an airport having an operational conhol tower.

16. I will not have flights within 3 NM from an airport with a published inshument flight procedure, but not an

operational tower

17. I will not have flights within 2NM from an airpo~~t without a published instrument flight procedure or an

operational tower or 2 Nm from a heliport with an instrument flight procedure.

Richard Alvarado's operating procedures exceeding existing rules. First, the possible loss of life is lessened because

iJNMANNED AIRCRAFT SYSTEMS (UAS)'s carry no pilots or• passengers on board and I only operate my

iJNMANNED AIRCRAFT SYSTEMS (UAS) safely in the direct detailed areas of operation versus fixed wing or

helicopter which requires travel to the region of need. Second, there is no fuel on board an UNMANNED

AIRCRAFT SYSTEMS (UAS) and thus the probability for fire or explosions is significantly diminished. Lastly, the

small size and exh•emely maneuverability of my LJ~IMANNED AIRCRAFT SYSTEMS (ETAS) allow me to

remotely pilot away from hazards quickly and safely.

6. A Summary The FAA May Publish in the Federal Register:

14 C.F.R. 21 and ll • 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 my, Richard Alvarado's iJNMANNED AIRCRAFT SYSTEMS (UAS) permits exemption from Part 21

because my i.JNMANNED AIRCRAFT SYSTEMS (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 (fl) and Section 333 of the Reform Act. Both pieces

of legislation permit the FAA to exempt UNMANNED AIRCRAFT SYSTEMS (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. Richard Alvaradds current and projected IJNi~1ANNED AIRCRAFT SYSTEMS

(UAS)'s meet or exceed each of the details.

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 on board pilots or

passengers, and given the size of the LnVMANNED AIRCRAFT SYSTEMS (UAS)'s, this Regulation is

inapplicable. An equivalent level of safety will be achieved by maintaining safety/flight manual delineating areas of

where safety can be defined.(See Enclosed) The FAA has previously issued exemptions to this regulation in

Exemption Nos. 8607, 8737, 8738,9299, 92i19A, 9565, 9565B, 10167, 101fi7A, 1OG02, 10700 and:J2827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my LTI~IMANNED AIRCRAFT

SYSTEMS (UAS) utilizes electronic global positioning systems with a barometric sensor•.

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 me, Richard Alvarado.

14 C.F.R. § 45.23: Marking of the Aircraft.
Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My

UNMANNED AIRCRAFT SYSTEMS (UAS) are, by definition, unmanned. They therefore do not have a cabin,

cockpit or pilot station on which to marls certain words or phrases. Further, two-inch lettering is difficult to place on

such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark its

iJNMANNED AIRCRAFT SYSTEMS (UAS)s in the largest possible lettering by placing the word

'BXPERINIENTAL" on its fuselage as required by 14 C.F.R. §45.29 (fl so that I the pilot, or anyone assisting me

as a spotter with the UA V will see the markings. The FAA has previously issued exemptions to this regulation

through Exemptions Nos. 8738, 10167, 10 1G7 A and\0700.

14 C.F.R. § 61113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. I, Richard

Alvarado even though I currently hold a valid private pilot certificate, can achieve an equivalent level of safety as

achieved by current Regulations because my UNMANNED AIRCRAFT SYSTEMS (UAS) does not carry any

pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks

attended to the operation of my UNMANNED AIRCRAFT SYSTEMS (UAS) is far less than the risk levels inherent

in the commercial activities outlined in 14' C.F.R. § 61, et seq. Thus, allowing me, Richard Alvarado, to operate my

i.JNMANNED AIRCRAFT SYSTEMS (UAS) to meet and exceed current safety levels in relation to 14 C.F.R.

§61.113 (a) & (b).

14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil ait•craft. It allows helicopters to be operated at

lower altitudes in certain conditions. My UNMANNED AIRCRAFT SYSTEMS (UAS) will never operate at an

altitude greater than 200 ABOVE GROiIND LEVEL; safely below the standard of 400 ABOVE GROUND

LEVEL. I, Richard Alvarado, will however operate my iJNMANNED AIRCRAFT SYSTEMS (UAS) in safe areas

away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum

safe altitudes. Given the size, weight, maneuverability and speed of my UNMANNED AIRCRAFT SYSTEMS

(UAS), an equivalent or higher level of safety will be achieved.

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] airct•aft

inspected as prescribed in subpat~t E of this part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed in pa~~t 1.3 of this chapter.... "

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my,

Richat•d Alvaradds iJNMANNED AIRCRAFT SYSTEMS (UAS). However, as a safeguard I inspect my

UNMANNED AIRCRAFT SYSTEMS (UAS) beforehand and afterward each flight.

Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14

C.F.R. 91: Aii~vorthiness Certificates, Manuals and the Lilce. 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 my iJNMANNED AIRCRAFT SYSTEMS (UAS)

permit exemption from Part 21 because my, Richard Alvarado's UNMANNED AIRCRAFT SYSTEMS (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 (~) and Section 333of

the Reform Act. Both pieces of legislation permit the FAA to exempt iJNMANNED AIRCRAFT SYSTEMS

(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. My UNMANNED AIRCRAFT SYSTEMS (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. § 919 (b) (2) requires an aircraft flight manual in the aircraft. As there are no

pilots or passengers, and given the size of the UNMANNED AIRCRAFT SYSTEMS (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, and 10167,

maintenance program that involves regular software updates and curative measures for any damaged hardware.

Therefore, an equivalent level of safety will be achieved.

7. There is no request to exercise the privileges of your exemption outside the United States.

Request for Blanket COA Approval

On March 24, 2015, the FAA announced that it has implemented a new policy of gt•anting "blanket" COAs to

applicants requesting exemptions from the Federal Aviation Regulations under Section 333 of the FAA

Modernization and Reform Act of 2012.

The Applicant hereby requests that a "blanket" COA that conforms to the terms set forth in

https:J/www.faa.gov/news/updates/?newsId=82245 upon approval of UASI's exemption request

Respectfully submitted,

Richard Alvarado