# Aviation First Consulting, LLC

December 20, 2015 U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590 Re: Petition ofAviation First Consulting, LLC for Exemption from Certain Federal Aviation Regulations to Operate Unmanned Aircraft Systems Pursuant to Section 333 of the FAA Modernization and Reform Act Dear Sir or Madam: Pursuant to Section333 of the FAA Modernization and Reform Act ("FMRA") and 14C.F.R. part 11, Aviation First Consulting, LLC ("AFC") hereby petitions the Federal Aviation Administration ("FAA") for exemption from 14C.F.R. §§ 61.23(a) and (c), 61.10l(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.15l(a)(l), 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b), and any other rules the FAA deems necessary, to enable AFC to operate unmanned aircraft systems ("UAS") for aerial datacollection. Specifically, AFC seeks to operate UAS for aerial photography, videography, search and rescue, training and accident investigation using the DJI Phantom 3. Because this petition is similar in all material respects to previously-granted Section 333 petitions, AFC requests expedited approval pursuant to the FAA's summary grant process. I. PROPOSED OPERATIONS AND PUBLIC INTEREST BENEFITS AFC is a minority owned aviation consulting company specializing in all aspects ofaviation operations. AFC's primary owneris a former FAAAviation SafetyInspectorwith over25 years ofaviation experience. AFC is thoroughly familiar withthe Federal Aviation Regulations as they pertainto UAS operations. AFC has over 5,000 hours ofaircraft experience operating intheNAS with both fixed wing and hot airballoons. The objective ofAFC aerial operations is the following: 1. Special Event Coverage 2. Aid Federal Authorities in aircraft accident investigations. 3. Private and governmental training. 4. Aerial photography and videography 5. Search and rescue AFC will adhere to stringent operating conditions in conformance with past grants ofexemption. These conditions ensure that AFC will operate safely in the national airspace, mitigate the risks ofharming other aircraft or people or property on the ground, and present no threat to national security. Adhering to these parameters, AFC will be able to safely and effectively operate its UAS to the benefit ofits clients and the general public. II. THE UAS AFC requests an exemption to operate the DJI Phantom 3, which is below 55 pounds including payload. Through the Section 333 exemption process, the FAAhas previously authorized use ofthe aforementioned UAS for which exemption is requested herein.

1 30214 N48th Place, Cave Creek, AZ 85331

# m. REQUEST FOR SUMMARY GRANT Becausethis petition is similarin materialrespectstopreviouspetitionstheFAAhas granted,AFCrequests that the FAA issue a summary grant of exemption pursuant to the agency's expedited summary grant process. Specifically, the public interest and safety benefits AFC's operations will achieve are materially similar to those recognized in previous Grants ofExemptionNos. 11062, 11109, 11112 and 13966. AFC will adhere to the same operating parameters and level ofsafetythe FAA currently requires in its grants of exemptions. 

### IV. APPLICANT INFORMATION The name and contact information ofthe applicant is: Mirlo E. Ochoa Owner, Aviation First Consulting, LLC 30214N 48th Place Cave Creek, AZ85331 14 C.F.R. 

### §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5); 14 C.P.R.§ 61.113(a); 14 C.F.R. 

### § 61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.P.R.§ 91.151(a)(l); 14 C.F.R. § 91.405(a); 14 C.P.R. § 91.407(a)(l); 14 C.F.R. §§ 91.409(a)(l) and (2); 14 C.F.R. §§ 91.417(a) and (b). 

### V. OPERATINGPARAMETERS AFC will adhere tothe following operating parameters and any additional FAA requirements when operatingUAS pursuant to a grant ofthe requested exemption: 1. Operations will be conducted using the 

### DllPhantom 3. 2. The UAS will notbe operated at a speed exceeding 87 knots (100 miles perhour), at an altitude greaterthan 400 feet above ground level, or, when visibility is less than 3 statute miles, less than 500 feet below or2,000 feet horizontally from a cloud and during daylight conditions. 3. All operations will be conducted in accordance with a Certificate ofWaiver orAuthorization ("CO A''). 4. All operations will use a pilot-in-command ("PIC") and a visual observer ("VO"), and the UAS will remain within the visual line ofsight (VLOS) ofthe PIC orthe VO at all times. The PIC will maintainVLOS capability and the abilitytocommunicate verbally withthe VO at all times.



### 2 30214 N48th Place, Cave Creek_ AZ 85331V. OPERATINGPARAMETERS (cont'd) 

### 5. The PIC will hold an airline transport, commercial, private, recreational, or sportpilot certificate, as well as anFAA airman medical certificate ora valid U.S. driver's license. The PIC will meet the flight review requirements specified in 14 C.F.R. 

### § 61.56 in an aircraft in which the PIC is rated on his orherpilot certificate. 6. AFC will ensure priorto operation thatthe PIC has demonstrated the abilityto safely operate the UAS in a manner consistent with how the UAS will be operated underthis exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistentwith 14 C.F.R. 

### § 61.51(b). 7. AFC's operating documents will be accessible during UAS operations and made available tothe Administrator upon request. 8. Priorto each flight, AFC will conduct a pre-flight inspection and determinethe UAS is in a condition for safe flight. Ifthe inspection reveals a conditionthat affects the safe operation ofthe UAS, the UAS will not be operated until the necessary maintenance has beenperformed and the UAS is found to be in a condition for safe flight. 

### 9. AFC will conduct all operations overprivate orcontrolled-access property with permission from the property owner/controller orauthorized representative. Permission from property owner/controller orauthorized representative will be obtained for each flight to be conducted. If the UAS loses communications or loses its GPS signal, the UA will return to a pre-determined location withinthe private orcontrolled-access property 10. AnyUAS that has undergone maintenance oralterations that affectthe UAS operation orflight characteristics, e.g., replacement ofa flight critical component, will undergo a functional test flight priorto conducting further operations underthis exemption. 11. AFC will follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements, as well as safety bulletins, for the aircraft and aircraft components. 12. AFC will abortthe flight inthe event ofunpredicted obstacles oremergencies, and will yield to all manned aviation operations. 

### 13. AFC will not begin a flight unless (considering wind and forecast weatherconditions) there is enough available power for the UA to conductthe intended operation andto operate afterthat for at least 

### 5 minutes orwiththe reserve powerrecommended bythe manufacturer ifgreater. 14. AFC will register and mark its UAS in accordance with 14CFRpart47 and 14CFRpart45.

VI. THEFAA'S AUffiORITY TO GRANT TIDSPETITION The FAA has authorityto grantthe exemptionrequested herein underthe FMRA and the FederalAviation Act. Section333 of theFMRAdeals specificallywithintegratingUAS intothenationalairspace, anddirects the Secretary of Transportation to determine which UAS, "as a result of their size, weight, speed, operational capability, proximityto airports and populated areas, and operation within visual line ofsight

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VI. THE FAA'S AUTHORITY TO GRANT TIDSPETITION 

### (coot'd) do not create a hazard to users ofthe national airspace system or the public or pose a threat to national security." Section 333 further directs the Secretaryto "establishrequirements forthe safe operation ofsuch aircraft systems in the national airspace system. The Federal Aviation Act authorizes the Administrator of the FAA to grant exemptions from regulations prescribed under certain provisions ofthe Act where such exemptions are in the public interest. Part 11 ofthe Federal Aviation Regulations governs the FAA's exemption process and requirements. The FAA has granted more than 1,100 exemptions to date pursuant to its Section 333 and exemption authority, enabling commercial UAS operations in a wide variety of industries. 

### VII. SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER Should the FAA determine that publication in the Federal Register is required, AFC offers the following summary pursuant to section 11.81 ofthe FAA's rules: Petitioner: Aviation First Consulting, LLC Sections of 14 C. FR. Affected: 14C.F.R. 61.23(a) and (c); 14C.F.R. 61.101(e)(4) and (5); 14C.F.R. 61.113(a); 14C.F.R. 61.315(a); 14C.F.R. 91.7(a); 14C.F.R. 91.119(c); 14C.F.R. 91.121; 14C.F.R. 91.15l(a)(l); 14C.F.R. 91.405(a); 14C.F.R. 91.407(a)(l); 14C.F.R. 91.409(a)(l) and (2); 14 C.F.R. 91.417(a) and (b). Description of Relief Sought: Petitioner seeks relieffrom the requirements of 14 C.F.R. §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5); 14 C.F.R. § 61.113(a); 14 C.F.R. § 61.315(a); 14 C.F.R. § 91.7(a); 14C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. §91.151(a)(l); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. 91.409(a)(l) and (2); 14 C.F.R. 91.417(a) and (b) to operate unmanned aerial systems for aerial data collection, training, search and rescue and accident investigation. VIII. CONCLUSION As indicated above, granting this petition will further the public interest by allowing AFC to safely, efficiently and economically perform aerial video and photography ofevents, civic landscape and search and rescue over certain areas ofthe United States. In addition, the use ofthe Phantom 3 

### VAS will decrease congestion ofthe NAS, reduce pollution and provide significant benefits to the economy. AFC's petition satisfies the criteria ofSection 333 ofthe FMRA and is substantially similar to previous petitions the FAA has granted, meriting a summary grant ofexemption. AFC respectfully requests that the FAA grant this petition for exemption. Please contact me at 480-600-8004 or eddie@aviation-first.com with any questions aboutthis filing. Sincerely,

Mirlo E. Ochoa Owner Aviation First Consulting, LLC

30214 N 48th Place, Cave Creek, AZ 85331 4