August 1, 2015

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Re: Petition of Rodriguez Consulting Group (RCG) for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012

Dear Sir I Madam:

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and 14 CFR 

Part 11, Rodriguez Consulting Group (RCG), the petitioner, seeks an exemption from the Code of 

Federal Regulations (CFRs) to allow for commercial operation of Small Unmanned Aircraft Systems 

(sUAS) for the purpose of Aerial Data Collection of various locations in the Western United States 

(Operating Area).

Applicant Information:

Rodriguez Consulting Group

23091 Coffee Berry Circle

Corona, CA 92883-8139

Rodriguez Consulting Group (RCG) is a California S-Corporation owned by Paul Rodriguez and Traci 

Rodriguez. Both owners are certificated pilots holding commercial and private ratings, respectively, 

and holding current FAA-issued medical certificates. Headquartered in Southern California, RCG 

provides a variety of consulting services to private, commercial, and government entities for various 

reasons. As it pertains to this petition, RCG intends to utilize various sUAS models including the DJI 

Phantom 3, the DJI Inspire 1, and the DJI S1000 to conduct low altitude aerial imaging and video 

operations where fixed wing aircraft would be impractical or would not provide an adequate margin of 

safety. The purposes of RCG’s sUAS operations will include data collection, documentation, marketing, 

geophysical services support. RCG is in the process of obtaining valid N Numbers from the FAA and all 

of our sUAS operators will be rated pilots.

This petition is consistent with similar petitions which have been granted by the FAA in recent months.

Thank you for your consideration

Traci Rodriguez

23091 Coffee Berry Circle

Corona, CA 92883-8139

(H) 951-277-4412

(M) 951-204-8793
Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) and (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103(b)

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) and (b)

Extent of relief I seek, and why

14 CFR Part 21 subpart H: Airworthiness Certificates

The sUAS to be operated carries neither pilot nor passenger and carries no explosive materials or 

flammable liquids. Given the size, weight, speed, and limited operating area associated with the

aircraft to be utilized, RCG requests exemption. In the restricted environment and under the 

conditions proposed operation will be at least as safe, or safer, than a conventional aircraft (fixed 

wing or rotorcraft) operating with an airworthiness certificate without said restrictions.

14 CFR 45.23 (b): Marking of the Aircraft

Due to the size of this sUAS it does not have a cockpit, cabin, or pilot station on which to mark 

certain words or phrases. Lettering as described in this section would be very difficult to place on 

such a small aircraft and dimensions would need to be smaller than required minimum. The

equivalent level of safety will be provided by having the sUAS marked on its fuselage as required.

Further markings include the use of flashing green and red LED illumination on the underside of 

the sUAS frame, which adds contrast against a blue or white sky. In addition, RCG will display, at 

the ground station, a high contrast flag or banner which contains the words “Unmanned Aircraft 

Ground Station”.

14 CFR 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command (PIC)

Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC to have a private pilot's 

license rather than a commercial pilot's license to operate the sUAS. The sUAS is remotely 

controlled with no persons on board, the area of operation is controlled and restricted, and all 

flights are planned and coordinated in advance.

14 CFR 91.7 (a): Civil Aircraft Airworthiness

As there will be no airworthiness certificate for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and 

the requirements contained in the manual for maintenance and use of safety checklists prior to 

each flight an equivalent level of safety will be provided.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Given its size and configuration, the sUAS has no ability to carry a flight manual on the aircraft. 

There is no room, capacity, or pilot on board to adequately carry a flight manual. An equivalent

level of safety will be maintained by keeping the flight manual at the ground control point where 

the PIC will have immediate access to it.

14 CFR 91.103: Preflight Action
As FAA approved flight manuals will not be provided for the aircraft an exemption will be 

necessary. The PIC will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. Further, 

RCG will, at a minimum, employ manufacturer (DJI) preflight recommendations to guarantee that 

best practices are implemented.

14 CFR 91.109: Flight Instruction

sUASs and remotely piloted aircraft, by their design, do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with the 

aircraft via radio communications.

14 CFR 91.119: Minimum Safe Altitudes

As this exemption is for sUASs that closely mimic the behavior of a helicopter, and the exemption 

requests authority to operate at altitudes up to 400 feet AGL, an exemption may be needed to 

allow such operations. As set forth herein, the sUAS will never operate at higher than 400 feet 

AGL or beyond unaided visual line of sight, whichever is closer. It will however be operated in a 

restricted area with individuals tasked with ensuring public safety, and where buildings and 

people will not be exposed to operations without their pre-obtained consent and training. The 

equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the 

location where it is operated. No flight operation will be taken without the permission of the 

property owner. Because of the advance notice to the property owner and participants in the 

remote sensing activity, all affected individuals will be aware of the planned flight operations. 

Low-altitude operations of the sUAS will ensure separation between these small sUAS operations 

and the operations of conventional aircraft in compliance with CFR 91.119

14 CFR 91.121: Altimeter Settings

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the operator 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. The 

operator (PIC) will also ensure effective pairing with multiple GPS sources to guarantee accurate 

detection of height.

14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

The batteries powering the sUASs provide approximately up to 25 minutes of powered flight in 

hover mode without payload. RCG’s sUASs utilize batteries, do not use traditional liquid aviation 

fuel for power, and therefore will not be able to meet the 30-minute reserve requirement. An 

equivalent level of safety can be achieved by limiting flights to up to 15 minutes duration or until 

reaching 25% of battery power, whichever happens first. This restriction would be adequate to 

return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 CFR 91.203 (a) and (b) Civil Aircraft: Certifications Required

Similar to, 14 CFR 91.9 (b) (2), given its size and configuration, the sUAS has no ability to carry 

certificate and registration documents on the aircraft. There is no room, capacity, or pilot on 

board to adequately such documents. An equivalent level of safety will be achieved by keeping 

these documents, to the extent they are applicable to the sUAS, at the ground control point 

where the PIC has immediate access to them.

14 CFR 91.401 – 91.417: Maintenance, Preventative Maintenance, Alterations

Given that these sections apply only to aircraft with an airworthiness certificate, these sections 

will not apply to this petitioner. An equivalent level of safety will be achieved because these 

small sUASs are very limited in size and will carry a small payload and operate only in restricted 

areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately. RCG 

will ensure that the sUAS is in working order prior to initiating flight and keep a log of any 

maintenance performed. RCG, pursuant to the flight manual, will provide maintenance to 

maintain the aircraft in an airworthy condition and provide the equivalent level of safety.
Rodriguez Consulting Group (RCG) is seeking relief from all FARs above. In addition, RCG will adhere

to the following conditions:

1) RCG will utilize various sUAS models including the DJI Phantom 3, the DJI Inspire 1, and the DJI 

S1000.

2) RCG will not utilize the sUAS for the purpose of closed-set motion picture or television filming.

3) RCG will not operate the sUAS at a speed exceeding 87 knots (100 miles per hour). In no case will 

the sUAS be operated at airspeeds greater than the maximum safe operating airspeed 

recommended by the aircraft manufacturer (DJI).

4) RCG will operate at an altitude of no more than 400 feet above ground level (AGL) at all times.

5) RCG will operate the sUAS within visual line of sight (VLOS) of the Pilot in Command (PIC) at all 

times using human vision unaided by any device other than corrective lenses, as specified on the 

PIC’s FAA-issued airman medical certificate or U.S. driver’s license.

6) All RCG sUAS operations will utilize a visual observer (VO). A second VO may be utilized in certain 

conditions. The sUAS will be operated within the visual line of sight (VLOS) of the PIC and at least 

one VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC 

maintains VLOS capability. The VO and PIC will be able to communicate verbally at all times. 

Electronic messaging or texting will not be permitted during flight operations. The PIC will be 

designated before the flight and will not transfer his or her designation for the duration of the 

flight. The PIC will ensure that the VO can perform the duties required of the VO.

7) RCG understands that this exemption, if granted, and all documents needed to operate the sUAS

and conduct its operations in accordance with the conditions and limitations (referred to as the 

Operating Documents) will be accessible during sUAS operations and made available to the 

Administrator upon request. RCG understands that if a discrepancy exists between the conditions 

and limitations in the exemption, if granted, and the procedures outlined in the operating 

documents, the exemption documentation will take precedence and must be followed. 

Otherwise, RCG will follow the procedures as outlined in its operating documents. RCG will 

maintain the sUAS operating documents in an updated or revised condition. RCG will also present

updated and revised documents if a petition for extension or amendment to this grant of 

exemption exists. If RCG determines that any update or revision would affect the basis upon 

which the FAA granted this exemption, then RCG will petition for an amendment to its grant of 

exemption.

8) RCG understands that any sUAS that has undergone maintenance or alterations that affect the 

sUAS operation or flight characteristics, e.g. replacement of a flight critical component, will 

undergo a functional test flight prior to conducting further operations. Functional test flights will 

only be conducted by a PIC with a VO and will remain at least 500 feet from other people. The 

functional test flight will be conducted in such a manner so as to not pose an undue hazard to 

persons and property.

9) RCG will be responsible for maintaining and inspecting the sUAS to ensure that it is in a condition 

for safe operation.

10) Prior to each flight, the RCG PIC will conduct a pre-flight inspection and determine the sUAS is in a 

condition for safe flight. The pre-flight inspection will account for all potential discrepancies 

(inoperable components, items, or equipment). If the inspection reveals a condition that affects 

the safe operation of the sUAS, RCG will not operate the aircraft until the necessary maintenance 

has been performed and the sUAS is found to be in a condition for safe flight.

11) RCG will follow the sUAS manufacturer’s maintenance, overhaul, replacement, inspection, and 
life limit requirements for the aircraft and aircraft components.

12) Each sUAS operated by RCG will comply with all manufacturer safety bulletins.

13) RCG understands that the PIC will hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, or the Federal 

government. The PIC will also meet or exceed the flight review requirements specified in 14 CFR 

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14) RCG will not permit any PIC to operate the sUAS unless the PIC demonstrates the ability to safely 

operate it in a manner consistent with the conditions outlined within this petition. PIC 

qualification flight hours and currency will be logged in a manner consistent with 14 CFR 61.51(b). 

Flights for the purposes of training, proficiency, and experience-building (PIC and VO) and to 

determine the PIC’s ability to safely operate the sUAS in a manner consistent with this petition 

will only be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations will be considered 

nonparticipants, and the PIC will operate the sUAS with appropriate distance from 

nonparticipants.

15) RCG will not operate the sUAS during night, as defined in 14 CFR 1.1. All RCG sUAS operations will 

be conducted under visual meteorological conditions (VMC). Flights will not be conducted in 

instrument flight rules (IFR) conditions or under special visual flight rules (SVFR).

16) RCG will not operate the sUAS within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an 

ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical 

chart, unless a letter of agreement with that airport’s management is obtained or otherwise 

permitted by a COA issued to RCG. The letter of agreement with the airport management will be 

made available to the Administrator or any law enforcement official upon request.

17) RCG will not operate the sUAS 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.

18) If the sUAS loses communications or loses its GPS signal, RCG will program the sUAS to return to a 

pre-determined location within the private or controlled-access property.

19) The RCG PIC will abort the flight in the event that unpredicted emergencies arise or conditions of 

safe flight are no longer present.

20) RCG will not begin any sUAS flight unless (considering wind and forecast weather conditions) 

there is enough available power for the sUAS to conduct the intended operation and to operate 

after that for at least five minutes or with the reserve power recommended by the manufacturer 

if greater.

21) RCG sUASs operated in accordance with this petition (up to 400ft AGL) will be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (N−Number) 

markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

RCG sUASs operating in accordance with this petition, but no higher than 200ft AGL will not be 

marked unless required.

22) Documents used by RCG to ensure the safe operation and flight of the sUAS and any documents 

required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground Control Station 

of the sUAS any time the aircraft is operating. These documents will be made available to the 

Administrator or any law enforcement official upon request.

23) RCG understands that the sUAS will remain clear and give way to all manned aviation operations 
and activities at all times. In high aviation traffic areas, RCG will utilize a handheld transceiver to 

monitor the frequency assigned to the airspace adjacent to the operation.

24) RCG will not operate the sUAS from any moving device or vehicle.

25) RCG will conduct all flight operations at least 500 feet from all non-participating persons, vessels, 

vehicles, and structures unless

a) Barriers or structures are present that sufficiently protect non-participating persons from the 

sUAS and/or debris in the event of an accident. RCG will ensure that non-participating persons 

remain under such protection and if a situation arises where non-participating persons leave 

such protection and are within 500 feet of the sUAS, flight operations will cease immediately 

in a manner ensuring the safety of non-participating persons.

b) The owner/ controller of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an undue hazard.

26) All RCG sUAS operations will be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. Permission from 

property owner/controller or authorized representative will be obtained for each flight to be 

conducted.

27) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA will be reported to the FAA's sUAS

Integration Office (AFS−80) within 24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site.