Alex G. Hernandez Fly boydrones520@yahoo.com

June 10, 2015 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590
RE: Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 21; 14 C.F.R Parts 45.23(b); 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 61.133(a); 91.7(a)&(b); 91.9(b) (2); 91.103(b); 91.109(a); 91.119; 91.121; 91.151(a); 91. 203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FAA Reform Act”) and 14 C.F.R. Part 11,Alex Hernandez also known as fl ybo y drones, requests exemptions from the Federal Aviation Regulations (“FARs”) listed below and discussed in Appendix A to allow Alex Hernandez to conduct commercial operations with Dji's Phantom 3 small Unmanned Aircraft Sy stem (“UAS” ) The Petitioner requested to operate an unmanned aircraft sy stem (UAS) to conduct aerial photograph y for industrial, real estate, agriculture, motion picture, and television industry

for scripted closed set filming though the United States, as further defined herein, b y a Pilot in Command holdin g, as minimum, a private pilot certificate. All participants know and understand the regulatory requirements and Safety

requirement to make these dail y operations Safe. The community is committed to safety with each flight. Alex Hernandez requires that each UAS pilot to be a U.S. citizen, have in their possession a valid Private Pilot certificate, be current in manned aircraft, have a third class medical prior to the flight phase of the training program and be cleared through TSA. Alex Hernandez wi ll put SOP’s in place to instill safet y protocols and controls to avoid and prevent public hazards, as well as manned aircraft hazards/catastrophe. Alex Hernandez will utilize the UAS Risk Assessment Matrix prior to daily flight operations.**Applicant Inf ormation:**  The name of the applicant is: Alex Hernandez The contact for this application is: Alex Hernandez Address: 400 Santa Cruz Dr unit 8 Bisbee AZ, 85603 Email Fly boydrones520@yahoo.com Phone (520) 236

- 6296

Alex Hernandez would welcome the opportunit y to consult with FAA staff in order to address any issues or concerns related to this proposal that they believe may

require modification.
**Exemptions Requested** Alex Hernandez does not believe that it needs an exemption from 14 C.F.R. §§ b ecause the Dji Phantom 3 flight manual, airworthiness exemption, maintenance records, and registration certificate will be maintained near the pilot’s in commands (PIC) control station (Aircrew Flight Stations). Should the FAA determine that an exemption is required, Alex Hernandez will comply

with all request needed to be granted exemptions. Alex Hernandez requests exemptions from the following regulations:
14 C.F.R. Part 21 ; (Aircraft certification requirements) 14 C.F.R. 45.23(b) ; (“N” numbers and markings) 14 C.F.R. 61.113(a) & (b) ; (Private pilots operating for hire) 14 C.F.R. 61.133(a) ; (Commercial pilots as related to above) 14 C.F.R. 91.7(a) & (b) ; (Civil aircraft airworthiness) 14 C.F.R. 91.9(b) (Civil aircraft flight manual, marking, and placard requi rements) 14 C.F.R. 91.109(a) ; (Dual controls for instruction) 14 C.F.R. 91.119 ;14; (Safe altitudes over obstacles) 14 C.F.R. 91.121; (Altimeter Setting) 14 C.F.R. 91.151(a) ; (Fuel minimum ) 14 C.F.R. 91.203(a) & (b) ; (Maintenance inspections) 14 C.F.R. 91.405(a) ; (Maintenance related) 14 C.F.R. 91.407(a)(1) ; (Maintenance related) 14 C.F.R. 91.409(a)(2) ; (Airworth y certificates) 14 C.F.R. 91.417(a); (Maintenance record keeping)**The Extent of relief Alex Hernandez seeks and the Reason the y Seeks Such**  **Relief:** Dji's (“Phantom 3”) The battery

- powered Phantom 3 weighs 1280g , has a wingspan of 689 mm, and has a flight time of 23

- 30 minutes depending on operating conditions, can operate in temperatures ranging from 0°F to 104°F. It employ s a self

- stabilizing aircraft configuration w ith stability augmentation avionics that provides ease

- of

- control and steady video imagery . Its high

performance design leverages advanced composite materials, innovative electronics, and cutting

edge sensor technology

to increase mission capabilities and make Phantom 3 a reliable and accurate solution to meet a variet y of industry needs.
The Phantom 3 is capable of transmitting live airborne video images and location information to a iPad with live hd feed. The Phantom 3’s max speed is 16m/s (ATTI mode, no wind), max ascent speed 5 m/s and max descent speed is 3 m/s. the phantom 3 is a vertical takeoff and landing The Phantom 3 can operate safel y in the National Airspace S ys tem (“NAS”), without posing a threat to national security, by operating in acco rdance with the requirements discussed herein. The Dji's Phantom 3’s capabilities, along with Alex Hernandez’s experience to date, make it ideally suited to conduct commercial operations, aerial surveying, and patrolling in remote areas ( i.e. non - conges ted or sparsel y populated areas, private or controlled

- access propert y) under Class G airspace and within Visual L ine of Sight (“VLOS”). Use of the Phantom 3 reduces the need to operate manned aircraft, decreasing the risk to the pilot, crew, and those on the ground, as the Phantom 3 is carried to the site and not flown there with a load of flammable fuel. As a result of the Phantom 3 size, weight, maximum speed, operational capability , and safet y record; the distance at which it will operate from populated areas; and its operation using visual observers to provide de

- confliction from other air traffic. The Phantom 3 does not create a hazard to users of the NAS or the public. Neither does it pose a threat to national security. Therefore, we request the F AA grant Alex Hernandez the requested exemptions. Alternatively , if the FAA finds that modification of Alex Hernandez application is required for safe operation of the Phantom 3 in the NAS, Alex Hernandez requests that the FAA delineate the required modif ications and either process application as if the modifications were already made or allow Alex Hernandez to amend its application to incorporate the FAA’s findings.
**Airworthiness of the UAS**  For additional safet y, the Phantom 3 is equipped with automated features that ensure safe takeoff, flight, and landing in man y conditions, further details of which are provided in Appendix C. In support of this application, Alex Hernandez will submit, unde r separate cover and with a request for confidentiality , the Phantom 3 Operator’s Manual (“Operator’s Manual”) if requested.**Operating Conditions**

Alex Hernandez requests an exemption subject to the conditions listed in Appendix B, which are substantial ly

similar to the operating conditions required for the FAA’s previous grants of exemptions under Section 333. In accordance with the conditions approved in previous exemption grants, Alex Hernandez is requesting authorit y to operate the Phantom 3 within visual line of sight and below 400 feet AGL except as provided b y FAA Air Traffic Control via COA. Alex Hernandez will use the elevation of the highest predominant terrain within 1 mile of the launch point and within the visual line of sight as a ground r eference point to establish the 400 feet ceiling. In other words, Alex Hernandez will not operate the Phantom 3 any higher than 400 feet above the highest point within 1 mile from the launch point, and will only do so provided the UAS is within the line o f sight. These operating conditions, along with those listed in Appendix B, would provide an equivalent level of safety for the reasons described below. The P hantom 3 is visible up to 1 mile in a clear sky, making the selection of the predominant terrain within 1 mile of the launch point as a ground reference a logical and easily manageable reference. **Reasons Why Alex Hernandez’s Exemption Will Not Adversely Affect Safety Or How the Exemption Will Provide a Level of Safety At Least Equal To Existing Rul**  **e:** Alex Hernandez’s, exemption will not adversely affect safet y. Quite the contrary , for the reasons stated permitting Alex Hernandez to log more flight time in FAA controlled airspace, with communication with the FAA, will allow Alex Hernandez to contribute to the innovation and implementation of new and novel, as of yet undiscovered safet y protocols for pilots that can be embraced b y the FAA and NTSB for development in cooperation with the FAA. In addition, Alex Hernandez, submit the following representatio ns of enhancements to current aerial videograph y and photography :

• UAS weighs less than 1280g complete with a small ultra

- light weight high quality 4k camera;

• Operate the UAS b elow 400 feet (well within the 5 00 foot permissible ceiling set b y the FAA Mod ernization and Reform Act of 2012);

• Alex Hernandez’s UAS only operate for 25

- 30 minutes per flight;

• Pilot in command will land the UAS prior to manufacturer recommended minimum level of battery power;

• The aircraft is piloted b y UAS ground control station o r through remote control and only operates b y visual line of sight;

• The aircraft has GPS, utilizing a flight safet y feature whereb y it Returns Home and then automatically

lands if communication with the GCS or remote pilot control is lost;

• Alex Hernandez a ctivel y anal yz e flight data and other sources of information to constantly

update and enhance safet y protocols;• Alex Hernandez only operates in reasonabl y safe environment that are strictly controlled, are away from power lines, elevated lights, and active ly populated areas; Students conduct extensive pre

- flight inspections and protocol, during which safety carries primary importance;

• Alex Hernandez alway s obtains all necessary permissions prior to operation; and, procedures in place to abort flights in th e event of safet y breaches or potential danger.

• Alex Hernandez will also train Visual Observers (VO’s) as crew members to enhance safet y.

• Alex Hernandez will conduct “Crew Briefings” prior to each training period. Alex Hernandez’s safet y protocols provid e a level of safet y equal to or exceeding existing rules. It is important to note that airplanes and helicopters are the primary means of aerial video and photograph y for community awareness and pilot training. While the safety record of such aircraft is remarkabl y astounding, it is far safer to operate a battery powered ultra

- light weight UAS. First, the potential loss of life is diminished because UAS's carry no people on board and pilot in command only

operates the UAS in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatl y diminished. Third, the small size and extreme maneuverability of the UAS allow Certified Flight pilots to remotely pilot away

from and avoid hazards quickly and safel y. Lastl y, given its small size and weight, even when close enough to capture amazing images, the UAS need not be so close to the objects they are focused on instead of flying the UAS and use post editing software for pan and zoom functions. Accordingl y, the UAS has been experimentall y operated for familiarization/competency and will continue to operate at and above current safety levels. **In summary, Alex Hernandez seeks an exemption from the following Regulations:** 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commerciall y operate Alex Hernandez’s small lightweight unmanned aircraft vehicle in Pilot training, communit y awareness, agricul ture operations and demonstrations. Currently , Pilot training, area awareness and aerial videograph y/ photography

relies primarily

on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting Alex Hernandez’s r equest for exemption will reduce current risk levels and thereby enhance safety

. The Phantom 3 aircraft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional aircraft. Further, Alex Hernandez will operate at lower altitudes and in class G airspace eliminating potential public risk flying to and from established air fields. Alex Hernandez, has been informally anal yz ing flight information and will compile safet yprotocols and the implementation of a flight operations manual for Flight Training usage that

exceeds currently

accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA M odernization and Reform Act of 2012. There are no personnel on board the Alex Hernandez’s UAS and therefore the likelihood of death or serious bodil y injury is significantl y diminished. Alex Hernandez’s operation of the UAS, weighing less than 1280 g and traveling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingl y Alex Hernandez, respectfully request that the FAA grant this exemption request and is willing to cooperate in sharin g information to benefit the FAA, safet y of manned aircraft, and the general public at large.

**APPENDIX A EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY**  **SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION** Alex Hernandez requests an exemption from the following regulations as well as an y additional regulations that may

technically

apply to the operation of the Phantom 3 UAS: **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates** Part 21, Subpart H, entitled Airworthiness Certificates, establi shes the procedural requirements for the issuance of airworthiness certificates as required by § 91.203(a)(1). Given the size and weight of the aircraft, the operating conditions, design safet y features, and the proposed conditions and limitations, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333. Section 333 and 49 U.S.C. § 44701(f) both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the UAS involved. In this case, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with a n airworthiness certificate. The Phantom 3 weighs 1280 g full y loaded. It will not carry a pilot, passenger or flammable fuel. The Phantom 3 operates exclusively within a controlled area pre

- disclosed and in compliance with conditions set forth herein. Unl ike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the ( PI C ) and observer(s), pursuant to the conditions set forth in Appendix B, the Operator’s Manual, and local public safety requirements. The FAA will h ave advance notice of all operations through the filing of NOTAMs. The lack of flammable fuel and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. The UAS provides at least an equivalent level of safet y to that of such operations being conducted with conventional aircraft that would be orders

- of

- magnitude larger and would be carrying passengers, cargo, and flammable fuel.**14 C.F.R. § 45.23: Marking of the Aircraft.**

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. These UAS are, b y definition, unmanned. They therefore do not have a cabin, cockpit or on board pilot station on which to mark certain words or phras es. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller than minimal lettering requirement. Alex Hernandez will mark its UAS in the largest possible lettering b y placing the word “EXPERIMENTAL” and the N number on its fuselage as required b y 14 C.F.R. §45.29 (f) so that I the pilot, or an yone assisting as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700

. **14 C.F.R. §§ 61.113(a) & (b): Private Pilot Privileges and limitations: Pilot in command** Sections 61.113(a) & (b) limit private pilots to non

- commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the Phantom 3 is remotely controlled with no passengers or property of others on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Operator’s Manual. In conjunction with the required training of the ( PI C ) and observers, the level of safety

provided by

the requirements included in the Operator’s Manual exceeds that provided b y a single individual hold ing a commercial pilot certificate operating a conventional aircraft. Alex Hernandez, can operate at an equivalent level of safety as required b y current Regulations, because the UAS does not carry any pilots or passengers. Further, a licensed private pi lot will ensure regulations and piloting skills are maintained. The risks to the operation of the UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, Thus, allowing Alex Hernandez to operate the UAS and m eet or exceed current safet y levels in relation to 14 C.F.R. §61.113 (a) & (b).
**14 C.F.R. § 61.133 Commercial pilot privileges and limitations. (a)**  **Privileges**

**— (1)**  **General.** A person who holds a commercial pilot certificate may act as pilot in command of an aircraft

— **(i)** Carrying persons or property for compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation; and **(ii)** For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that appl y to the operation. Alex Hernandez, can operate at an equivalent level of safety as required b y current Regulat ions, because the UAS does not carry any pilots or passengers. Further, a licensed private pilot willensure regulations and piloting skills are maintained. The risks to the operation of the UAS is far

less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, Thus, allowing Alex Hernandez to operate the UAS and meet or exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). **14 C.F.R. § 91.7(a): Civil aircraft airworthiness** Section 91.7(a) prohibits an individual from operating a civil aircraft unless it is in an airworthy condition. No FAA standard exists for determining an aircraft’s airworthiness when an airworthiness certificate is not issued. As the FAA has done with previous exemption grants, airwo rthiness will be ensured and an equivalent level of safet y will be achieved b y compliance with the operating documents prior to every flight. **14 C.F.R. § 91.9(b): Civil aircraft flight manual, marking, and placard requirements** Section 91.9 (b) (2) requi res, No person may operate a U.S.

- registered civil aircraft

— **(2)** For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable . An equivalent level of safet y will be achieved b y m aintaining all safet y/ flight manuals delineating areas of where safety can be defined at the Pilot control station. The FAA has previousl y issued exemptions to this regulation in Exemption Nos. 8607, 87 37, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning sy stems with a barometric sensor. **14 C.F.R. § 91.109 Flight instruction; Simulated instrument flight and certain flight tests.**  Section 91.109 Flight instruction; simulated instrument flight and certain flight tests. **(a)** No person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual controls. However, instrument flight instruction may

be given in an airplane that is equipped w ith a single, functioning throw over control wheel that controls the elevator and ailerons, in place of fixed, dual controls, when

— **(1)** The instructor has determined that the flight can be conducted safel y; and **(2)** The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the Phantom 3 is remotely controlled with no passengers or property of others on board. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. **14 C.F.R. § 91.119(c): Minimum Safe Altitudes**Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically , Section

91. 119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vesse l, vehicle, or structure. Because some of the training and survey work must be accomplished at altitudes less than 500 feet AGL and nonparticipating Alex Hernandez employees/pilots will be working within 400 feet of the UAS, an exemption from Section 91.11 9(c) is needed. The equivalent level of safety will be achieved because Alex Hernandez’s employees/pilots are required to be part of the training program and because the Phantom 3, given its size, weight, speed, and materials, does not pose a serious risk . Also, every flight will be conducted over land owned or controlled b y Alex Hernandez. Because Alex Hernandez will notify its employees/pilots in advance of Phantom 3 operations, all effected individuals will be aware of the flights. Compared to operation s conducted with aircraft or rotorcraft weighing far more than 1280 g and carrying nonflammable fuel, an y risk associated with these operations will be far less than those currently

allowed with conventional aircraft operating at or below 500 feet AGL.
**1 4 C.F.R. § 121: Altimeter Setting**  Section 121 requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting available befor e departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is required. An equivalent level of safety will be achieved by the operator, pursuant to the Operator’s Manual, confirming the altitude of the l aunch site shown on the GPS altitude indicator before flight. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

– (1) During the day , to fly after that for at least 30 minutes; or (2) At night, to fl y after that for at least 4 5 minutes.” The Phantom 3 batteries provide approximately 25

- 30 minutes of powered flight. Without an exemption from 14 C.F.R. § 91.151, the Phantom 3’s flights would be limited to approximately 20 minutes in length because the PIC would require the last 30 minutes to satisfy section 91.151(a). Given the limitations on its proposed operations, a longer time frame for flight in VFR conditions is reasonable. Alex Hernandez believes that an exemption from 14 C.F.R. § 91.151(a) provides an equivalent level of safety

and is consistent with prior exemptions. Operating the UAS, without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the UAS operates. In the unlikel y eve nt that the UAS battery runs low, it would simply follow the pre

- programmed command to land at a designated location. Given its weight and construction material, the risks are less than contemplated b y the current regulation.Alex Hernandez believes that an equivalent or enhanced level of safety can be achieved b y

maintaining 10 minutes of reserve power which, allowing at least 20 minutes of flight time, if not more, would be more than adequate to return the UAS to its planned landing zone from any where i n its limited operating area.

**14 C.F.R. § 91.203 Civil Aircraft: Certifications required.** § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. The equivalent level of safety will be achieved b y m aintaining any such required certifications, Exemptions, SOP’s, and registrations by Alex Hernandez at the Pilot control station. **14 C.F.R. §§ 91.405(a ), 91.407(a)(1), 91.409(a)(2), and 91.417(a): Maintenance Inspections**  Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.” Section 91.407 similarly makes reference to requirements in Part 43. Section 91.409(a)(2) requires an annual inspection for the issuance o f an airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraf t for return to service.
Pre

- flight checks will be performed b y a qualified person prior to each flight and at predefined intervals as part of the maintenance schedule. The pre

- flight checklist includes: 1. Visual inspection of the airframe; 2. Visua l inspections of propeller; 3. Verify GPS acquisition; 4. Plan and upload mission; 5. Video and payload check; 6. Controls check; 7. Gy ro/control surfaces check; 8. Throttle check; 9 . Check sensors; and 10 . Verify fail safes are set correctl y. An equivalent level of safety will be achieved because the UAS will carry no external payload, will operate onl y in restricted predetermined areas, and is not a complex mechanical device. In addition, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraftin an airworth y condition and t o ensure an equivalent level of safety. The Operator’s Manual will

have instructions to develop and document maintenance, overhaul, replacement, and inspection requirements. In the absence of Dji requirements, and procedures to document and maintain maint enance records for the UAS Alex Hernandez will develop standard practices and procedures. The UAS maintenance guidelines provide an equivalent level of safety to the maintenance requirements in Part 91.

**APPENDIX B**

**Alex Hernandez OPERATING LIMITATIONS** 1) Operations authorized by the grant of exemption are limited to the following aircraft: Dji's Phantom 3, which weighs less than 5 kg. 2) The UAS shall not be flown at a ground speed exceeding 60 kts. 3) The UAS will not be operated at an altitude more than 400 feet above the highest predominant terrain except as may

be provided by

FAA Air Traffic Control (“ATC”) via COA. The highest predominant terrain is the defined as terrain within 1 mile of the lau nch point and within the visual line of sight of the PI C. All altitudes reported to ATC shall be in feet AGL. 4) The UAS must be operated within visual line of sight of the ( PI C ) at all times. This requires the ( PI C ) to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. 5) All operations must use a ( VO ) . The ( VO ) and ( PI C ) must be able to communicate verbally at all times. The ( PI C ) must be designated before the flight. The ( PI C ) must ensure that the ( VO ) can perform the functions prescribed in the operating documents. 6) The operating documents and this grant of exemption must be accessible during UAS operations and made available to the Administrator upon reque st. If a conflict exists between the conditions and limitations in the exemption and the procedures outlined in the operating documents, the conditions and limitations in the exemption take precedence and must be followed. Otherwise, Alex Hernandez must fo llow the procedures as outlined in its operating documents. Alex Hernandez may update or revise its operating documents. It is Alex Hernandez’s responsibility to track such revisions and present updated and revised documents to the Administrator upon reque st. Alex Hernandez must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. 7) Prior to each flight the ( PI C ) must inspect the UAS to ensure that it is in a condition for safe flight. The ( PI C ) shall not operate the aircraft if the inspection reveals a condition that aff ects the safe operation of the UAS until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station, if utilized, must beincluded in the preflight inspection. All maintenance and alternations must be properl y

documented in the aircraft records. 8) An y UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics ( e.g., replacement of a flight critical component) must undergo a functional test flight in accordance with the Operator’s Manual. The ( PI C ) who conducts the functional test flight must make an entry in the aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry shall be included in the Operator’s Manual. 9) The pre

- flight inspection must account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the r elevant sections of the operating documents. 10) Alex Hernandez must follow Dji’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 11) Alex Hernandez must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplis hed, and the signature of the person authorized to return the UAS to service. 12) Each UAS operated under this exemption must comply with all manufacturer Safet y Bulletins. 13) The ( PI C ) must possess at least a private pilot certificate and at least a current third

- class medical certificate. ( The PI C ) must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the ( PI C ) is rated on his or her pilot certificate. 14) Alex Hernandez may not permit any ( PI C ) to operate unless the ( PI C ) meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under this ex emption, including evasive and emergency

maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. ( PI C ) qualification flight hours and currency must be logged in a manner consistent with 14 C.F.R. § 61.51(b). The ( PI C ) must ensure that the ( VO ) is trained appropriatel y in order to fulfill his or her duties. A record of training and qualification must be documented and made available upon request by the Administrator. Flights for the purposes of training the operator’s ( PI Cs ) and ( VOs ) (training, proficiency , and experience

- building), are permitted under the terms of this exemption. However, training operations may onl y be conducted during dedicated training sessions. During training, proficiency , and experience

- buildin g flights, all persons not essential for flight operations are considered nonparticipants, and the ( PI C ) must operate the UAS with appropriate distance from nonparticipants in accordance with these operating conditions. 15) Operations may

not be conducte d during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (“VMC”). Flights under special visual flight rules (“SVFR”) are not authorized. 16) The UAS may

not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’smanagement is obtained, and the operation is conducted in accordance with a NOTAM as

required b y Alex Hernandez. The letter of agreement with the airport management must be made available to the Administrator upon request. 17) The UAS may

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 f rom the PI C. 18) If the UAS loses communications or loses its GPS signal, the UAS must return to a pre

determined location within the security perimeter and land or be recovered in accordance with the Operator’s Manual. 19) The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the Operator’s Manual. 20) UAS operations must be completed within flight time as prescribed b y the manufactures operators’ manual. 21) Alex Hernand ez must obtain an ATC

- issued COA prior to conducting any operations under this exemption. This COA will also require the filing of the NOTAM not more than 72 hours in advance, but not less than 48 hours prior to the operation, or if this exemption allows f or a shorter notification. 22) All aircraft operated in accordance with the requested exemption must be identified b y serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings shall be as large as practicable. 23) The radio frequency

spectrum used for operation and control of the UAS must comply with Federal Communication (FCC) or other appropriate government oversight agency requirements. 24) The documents required under 14 C.F.R. §§ 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS an y time the aircraft is operating. These documents shall be made available to the Administrator or an y law enforcement official up on request. 25) The UAS must remain clear and yi eld the right of way to all other manned operations and activities at all times. 26) The UAS may

not be operated from an y moving device or vehicle. 27) The UAS may

not be operated over congested or densel y populated areas. 28) Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, structures, and public access roads unless: a. The nonparticipating persons are authorized to access Alex Hernandez, have received Alex Hernandez’s safet y Briefing; b. For non

- participants who do not qualify as Alex Hernandez employees/ pilot's barriers or structures are present that sufficiently protect them from the UAS and/or debris in the event of an accident. The ope rator must ensure that nonparticipating persons who are not Alex Hernandez employee/ pilots remain under such protection. If a situationarises where nonparticipating persons who are not Mine Parties leave such protection and

are within 500 feet of the UAS, flight operations must cease immediatel y; or c. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. 29) Operations more than 400 feet to the PI C, VO, operator trainees or essential persons as defined in the operating documents are permitted if those ope rations do not present an undue hazard to those persons per § 91.119(a) as determined by the PI C. 30) All operations must be conducted over private or controlled

- access property

. 31) An y incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y the applicable exemption shall be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents mu st be reported to the National Transportation Safet y Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

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**APPENDIX C**

**SMALL UNMANNED AERIAL SYSTEM DESCRIPTION UAS Operating Overview**  : The Phantom 3 is a four propelled quadcopter aircraft constructed of a plastic composite with bendable wings that requires twist on assembly propellers. It has full operation for takeoff, navigation, and landing.

Parameter CharacteristicDiagonal size (including Props) 689 mm

Weight, with EO battery and props 1280 g Wireless Range 1⁄2 mile Max speed 16 m/s (ATTI mode, no wind) descent Speed 3 m/s Ascent Speed 5 m/s Flight Duration 23

- 30 minutes Launch Vertical takeoff Landing Vertical landing Flight Control Autonomous or manual Exterior Lighting Visible LED Lights Command and Control Frequency 2.400 GHz

- 2.483 GHz

The UAS can be operated in fully autonomous flight modes. Creating pre - planned flight paths to fly in autonomous mode is as simple as clicking on the map to create a pre

- planned flight path. Pre

- mission way

points, landing zone points, and flight area dimensions can all be entered during preflight, ensuri ng the UAS operate s onl y within specified parameters. The Phantom 3 includes many advanced safet y features that makes it the safest choice for areas like Alex Hernandez’s. to automatically respond with a set command (one such option being to fly back to a pre

- selected ral ly point and land). Faults that can be detected include: loss of communication, loss of GPS, and low battery levels. In addition, the operator can create no fl y zones, and the sy stem will visually and audibl y warn the operator if the planned flight path wo uld enter the no fl y zone. **Operator’s Manual**

– The Phantom 3 Operator’s Manual will be provided under separate cover with a request for confidential treatment.
**Power**

– The Phantom 3 and its ground control station are both powered by a lipo4s rechargeab le battery pack. A new battery

has a fully

charged voltage of approximately 15.2 V. A “full

- pack” has a capacit y of 23

- 30 of flight . The Phantom 3’s battery charge is displayed in real

- time on the ground control terminal, ensuring maximum flight duration an d safety

. **Takeoff and Landing style/type**

– The Phantom 3 is vertical takeoff and can be. The Phantom 3 lands by returning to a pre

- determined rall y point and beginning a spiral descent. Once it reaches a pre - selected altitude, it heads toward the landing way point, descending until it lands to a stop.
**Defined “Keep Out” Areas**

**–** The navigation software allows for preplanning Keep Out Areas that allow the operator to designate airspace he or she does not want the Phantom 3 to enter. If defined flight path s pass through an area designated as keep

- out, the individual way points and way point connection segments turn red as a warning. Additionall y, if a mission is uploaded and intersects with a keep out area, a warning is presented to the user. Also, if an airc raft in flight is navigated into a designated keep out area, an audible warning is sounded.**Maintenance**

– The Phantom 3 UAS needs very little maintenance, and operators may perform most required maintenance in the field with the field repair kit.
**Comma nd and Control Systems** 

- The UAS Ground Control Station (GCS) allows the operator simultaneous control over aircraft and payloads. The display screen provides all essential flight data to the operator. Telemetry data is transmitted to the command station at least once per second. Displayed on GCS : ● Current position ● Registered home position ● Any autopilot flight plans ● Registered emergency

landing zone ● Aircraft attitude ● Altitude ● Airspeed ● Compass reading/heading ● Communication strength ● Range from home ● Bearing from home ● Duration of current mission ● Mode of the aircraft ● Battery level **Emergency Procedures and System Failures** Loss of Link

– The UAS does not need constant signal from the GCS to continue flying. Communications outages are detected b y the s ys tem and are reported to the PI C. During the communication outage, the UAS continues on its pre

- determined flight path until a failsafe is triggered. Once a failsafe is triggered, the UAS will perform in accordance with the failsafe conditions uploaded before launch. This is accomplished without input from the operator. **Summary** s atisfaction of the criteria provided in Section 333 of the R eform Act of 2012

– size, weight, speed, operating capabilities, proximity to airports and populated areas and operat ion within visual line of sight and national securit y

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the industrial, Videograph y and Photograph y production industry pursuant to the Manual appended by fly boy drones is eagerl y standing b y to support the FAA and UAS community in its quest to establish prop er re gulations and protocols for the safe introduction of unmanned aircraft into the national airspace.

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