# I

U.S. Department ofTransportation Docket Management System 1200 New Jersey Avenue, SE. Washington, DC 20590 ---.;;!I"'

.**~·** ; .•**~** ' . ; :-.

Re: Exemption Request under Section 333 ofthe FAAReformAct and Part 11 of the FederalAviation Regulations
Dear Sir orMadam:
Pursuant to Section 333 ofthe FAA Modernization and ReformAct of2012 (the"ReformAct") and 14 C.P.R. Part 11, Matthew Vasquez, (Operator) seeks an exemption from FederalAviation Regulations (FARs) to allow commercial operations oftheirUASs (UnmannedAerial Systems) for the purpose ofconducting aerial photography, video, and survey for various industries.
This requested exemption follows the language ofexemptions Pursuant to Section 333 that have previously been approvedby the FAA. Regarding the Unmanned Aircraft Systems 

### 1. The requested exemption would support an application for a commercial Certificate of Authorization (COA) to use the below described UAS, so long as operations are conducted within and under the conditions outlined herein or as may be establishedbythe FAA as required by Section 333. Like the FAA, it is the Operator's mission to provide the safest and most efficient means ofCivil Commercial implementation into the NationalAirspace System (NAS).Systems Used • DJI Quadcopter Systems (DJI Inspire 1, DJI Phantom III, DJI Phantom II) • 3D Robotics Quadcopter Systems A) Reference: Inspire 1 UserManual (EN) 

### vl.2, Phantom 

### illProfessional User Manual (EN) 

### vl.2, 3DRoboticsX8--M Operation Manual B) Reference: Inspire 1Maintenance Manual 

### vl.O, Phantom IIISafety Guidelines, 3DRX8-M Operation Manual (Safety Section) C) Reference: Inspire 1 UserManual (EN) v1.0 [FCC Compliance-Appendix Pg 62}, Phantom IIIProfessional UserManual [FCC Compliance, AppendixPg 56- 57} Regarding the Unmanned Ajrcraft PIC I. Operatorproposes to operate its UASs with a pilot holding, at a minimum, a private or sport pilotcertificate. The UAS PIC willbetrained in advance for the safe operation ofthe UAS tobe operated. This will include operation ofthe UAS both in normal and emergency modes of operation, and will include familiarization with the user manual publishedby the UAS manufacturer. Training will also include types ofmaneuvers to be performed and the safe operation in relation to persons, property and applicable airspace. ThePIC musthave accumulated a minimum of 100 flight cycles and 25 hours oftotal time as a UAS pilot and at least 10 hours logged as a UAS's pilot with a similarUAS type.All operations mustutilize Visual Observers (VOs). VOs who are not pilots will attend ground training to understand the roles ofan observer, communicationprocedures, and proper visual scan techniques, operations atnon-towered airports, and appropriate sections ofthe Aeronautical Information Manual.
2. The PIC mustpossess at least a third-class airman medical certificate for all ofpetitioner's flight operations. Regarding the Operation ofthe UnmannedAircraft 1. Operatorproposes Civil Commercial operation ofan UAS to operate inthe following manner: •Aerial photography, video, and survey data collection for public and/or private

use including real estate, architecture, construction, land surveying, engineering and otherrelatedprofessional activities. •Aerial inspection/photography ofresidentiaVcommercial structures under contract

with the owners orlocal government authority. •Aerial inspection/photography ofresidentiaVcommercial utility infrastructure

including but not limited to electrical power lines, wind turbines and cell towers. For additional operator adherence, reference: Inspire 1 Safety Guidelines vi.0, Phantom IllSafety Guidelines, 3DRoboticsX8- M Operation Manual [Safety Section] 2. The UAS may notbe flown at an indicated airspeed exceeding 29 knots (15 m/s). The UAS must be operated at an altitude ofno more than 400 feet above ground level (AGL). The UAmay not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. UAS operations may notbe conducted during night, as defined in 14 CFR 

### § 1.1.-All operations mustbe conductedunder visual meteorological conditions (VMC).

- Flights under special visual flight rules (SVFR) are not authorized. -Abriefing will be performedregarding the plannedUAS operations priorto each day's

flight consisting ofall the days' production activities.

- Flights will be terminated at 20% battery power. 3. As described fully above, the requested exemption would permitthe operation ofan UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to "....establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." Given the small size ofthe UAS and the controlled environmentprovided, the proposed operations will adhere to the ReformAct's safety requirements. The approval ofthis applicationpresents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including butnot limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. 4. TheUAS may not operate within 5 nautical miles ofan airport reference point as denoted on a currentFAA-published aeronautical chart unless a letter ofagreement with the airport's management is obtained, and the operation is conducted in accordance with aNotice to Airmen (NOTAM), as requiredby the operator's COA. 5. TheUAS must be operated within the visual line ofsight (VLOS) ofthe PIC andVO at all times. The VO may beused to satisfy the VLOS requirement as long as the PIC alwaysmaintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. Electronic messaging ortexting is not permitted during flight operations. 6. Reference- Inspire 1 UserManual (EN) v1.2, Phantom IllProfessional UserManual (EN) v1.2, 3DRoboticsX8-M Operation Manual, Inspire 1MaintenanceManual v1.0, Phantom Ill Safety Guidelines 7. Operator's Point ofContact-- Matthew Vasquez, PO Box 362269, Milpitas CA95036 8. Operatorwill obtain any required COAs (ifneeded) once exemption is granted. Exemption Requests and Equivalent Level ofSafety

14 CFRPart 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 (a)(1)
Based on the limited size, weight, operating conditions, design safety features, and the imposed conditions and limitations, Operator has demonstrated that its operations would not adversely affect safety compared to similar operations conducted with aircraft that have been issued an airworthiness certificate under 14 CFRpart 21, Subpart H. Therefore, as the FAA found forAstraeusAerial, Exemption 11062, the requested relief from 14 CFRPart 21, and any associated noise certification and testing requirements of part 36, is not necessary.
14 CFR § 45.23 (b)- Display ofmarksSince Operator's UAS has no entrance to the cabin, cockpit, orpilot station on which the markings can be placed, two inch lettering will be impossible. Official marking systems for small UAS have not yet been established for operations inside the NAS. Operatoris prepared to mark the UAS with the name ofthe organization and location nor origin and fulfill any otherrequest by the FAA to this topic in accordance with 45.29 (f) where the pilot, observer, and others working with the sUAS will see the identification of the sUAS. TheFAA has issued the following exemptions to this regulation, see Exemption Nos. 8738, 10167, 10167Aand 10700.

14 CFR § 61.113 (a) & (b)- Private pilotprivileges and limitations

This regulation provides: (a) This regulation provides that no person that holds a privatepilot certificate may act as pilot in command ofan aircraft for compensation orhire. (b) This allows a private pilot to act as pilot in command ofan aircraft in connection with any business or employment if: (I)The flight is only incidental to that business or employment; and (2) The aircraft does not carrypassengers orproperty for compensation or hire. All the requirements ofa private pilot certificate will prepare the UAS operatorfor the environment**~hat** they will be operating in. *Please reference Grant ofExemption No. 11062 toAstraeusAerial (Astraeus), the FAA determined that a PIC with a private pilot certificate operating a UAS would not adversely affect operations in the NAS orpresent a hazard to persons orproperty on the ground.14 CFR § 91.7 (a) & (b)- Civil aircraft airworthiness

This regulation provides: (a) Noperson may operate a civil aircraft unless it is in an airworthy condition. (b) The pilot in command ofa civil aircraft is responsible for determining whetherthat aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur. While the operator's UAS will not require an airworthiness certificate, operatoris requiredto ensure that its aircraft is in an airworthy condition -basedon compliance with the operating documents prior to every flight. As previously determined withAstraeus Aerial, Exemption 11062, relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.

14 CFR § 91.9 (b)(2)- CivilAircraft FlightManual, marking, and placard requirements

14 CFR § 91.203 (a) & (b)- Civil aircraft: Certifications requiredAs previously determined withAstraeusAerial, Exemption 11062, relieffrom these sections are not necessary. Relevant materials maybe kept in a location accessible to the PIC in compliance with the regulations.


### 14 CFR § 91.109- Flight instruction: Simulated instrument flight and certain flight tests
This regulation provides that "No person may operate a civil aircraftthat is being used for flight instruction unless that aircraft has fully functioning dual controls." The controls for a UAS do not currently have a set offully functioning dual controls. Ifa UAS's pilot is being trained, the pilot performing the training would be directly supervising and could take over the controls from the pilot in training ifthe need arose. This wouldbe similarto the technique ofa "throw-overtype" control wheel in some fixed wing aircraft. We feel that this technique meets the intent 91.109 and provides an equivalent level ofsafety.


### 14 CFR § 

### 91.119 -Minimum safe altitudes
This regulation provides that over sparsely populated areas the aircraft cannotbe operated closerthan 500 feet to any person, vessel, vehicle, or structure. Since the typical mission ofthis UAS wouldbephotography or survey ofpersons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown overproperty orpersons where permission has been obtained, and careful pre-planning has been performed. Further, UAS aircraft operate at a very slow airspeed, and a low mass, and do not need as much space to operate safely, as outlinedin 91.119.We believe the slower speed, smaller mass and careful pre-planning would provide an equivalent level ofsafety. Furthermore, Operator canplacebarriers and/or structures to sufficiently protect nonparticipating person from the UAor debris in the event ofan accident.

14 CFR 

### § 91.121 -Altimeter settings
This regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles ofthe aircraft. The UAS will normally be flying close to the ground, and in line ofsight ofthe PIC or an observer. This line ofsight operation will provide separation from other aircraft, obstructions and terrain providing an equivalent level ofsafety. Additionally, the altitude information generated by onboard GPS equipment installed on the aircraft will aid in estimating the altitude.
14 CFR § 91.151 -Fuel requirements for flight in VFRconditions
This regulation provides that no person may begin a flight in an airplane under dayVFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly afterthat for at least 30 minutes. We feel the intention ofthis paragraph it to provide a reasonable reserve ofenergy to plan for a safe landing should there be a delay in landing. Given the close proximity to the ground station, the ability for the UAS to land in a very small space and the built in energy level monitoring ofthe UAS there is a resulting equivalent level ofsafety ifthe flight is planned to be completed with 20%battery energy remaining. We request an exemptionto the word "fuel" and ask for an equivalent interpretation with the word "energy".14 CFR § 91.205 (b)- Powered civil aircraft with standard category U.S. airworthiness certificates: Instrument and equipment requirements
Since the Operator's UAS does not have a standard category U.S. airworthiness certificate, relieffrom 14 CFR § 91.205 is not necessary.
14 CFR § 91.215- ATC transponder and altitude reporting equipment and use
Section 91.215 (b)(3) includes provision for aircraft not originally certificated with an engine-driven electrical system or which has not subsequentlybeen certified with such a system installed. ForUAS not equipped with a transponder, sub-paragraph (d)(3) authorizes requests for ATC authorized deviations made to theATC facility having jurisdiction overthe concerned airspace within the time periods specified. For operation ofan aircraft that is not equipped with a transponder, the request must be made at least one hour before the proposed operation.

14 CFR 

### § 91.401 - 91.417- Maintenance, preventive maintenance, and alterations

This regulation provides that the operator is primarilyresponsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Operator believes that adherence to their documents containing preflight andpostflight checks for the UAS is sufficient to ensure that safety is not adversely affected.Thank you for your consideration.

Best Regards,

Matthew Vasquez PO Box 362269, Milpitas, CA 95036 Email: orign8@gmail.com