August 5, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations

Dear Sir or Madam:

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"),

David A Morales (the "applicant"), operator of an Unmanned Aircraft Systems ("UAS") seeks an

exemption from the Federal Aviation Regulations ("FARs") to allow for commercial operation for still

photography and video for a variety of industries in North East Iowa.

Applicant:

David A Morales

375 Four Seasons Dr.

Airmorales@hotmail.com

Attachments

DJI Safety Guidelines

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H 14 CFR 45.23 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121

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
The UAS to be operated (DJI Phantom 3 Professional) 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, I request exception. In the restricted environment and under the conditions

proposed operation will be at least as safe, or safer, than a conventional aircraft operating with an

airworthiness certificate without said restrictions.

14 CFR 45.23 (b)

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

certain words or phrases. Lettering would be very difficult to place on such a small aircraft and

dimensions would need to be smaller than required minimum. Understanding the importance of

lettering I will mark my UAS with my name and address affixed to the fuselage.

14 CFR 91.7 (a)

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 for

maintenance and use of safety check list prior to each flight an equivalent level of safety will be

provided.

14 CFR 91.9 (b) (2)

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

is no room, capacity, or pilot on board to adequately carry flight manual. A equivalent level of safety

will be maintained by keeping the flight manual at ground control point where the pilot will have

immediate access to it.

14 CFR 91.103

As FAA approved flight manuals will not be provided for the aircraft an exemption will be needed.

Normal procedures including but not limited to; reviewing weather, flight battery requirement, landing

and takeoff distances, along will all of those found in attachment "DJI Pilot Training". An equivalent

level of safety will be provided by preflight protocol) to properly match the machine.

14 CFR 91.109
UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is achieved

through the use of a control box that communicates with the aircraft via radio communications. The

equivalent level of safety provided because neither a pilot nor passenger will be carried in the aircraft,

and by the speed and size of the aircraft.

14 CFR 91.113 (a) and (b)

I can achieve an equivalent level of safety as achieved by current regulations because my UAS does

not carry pilot nor passenger. While helpful, a pilots' license will not ensure remote control piloting

skills. I do hold an ATP and Commercial Pilot certificate as well as a 2nd class medical certificate but I

am seeking relief from this regulation in the event I lose my medical certificate.

14 CFR 91.121

The UAS may not have a barometric altimeter, but instead does have a GPS altitude read out. I

believe an exemption may be needed. An equivalent level of safety is achieved by the operator

receiving live flight data monitoring and confirming current altitude along with altitude of launch site

shown on GPS altitude indicator.

14 CFR 91.203 (a) and (b)

Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the UAS 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 UAS, at the ground control point where pilot has

immediate access to them.

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 91.417 (a) and (b)

Given these section only apply to aircraft with an airworthiness certificate, theses sections do not

apply to this applicant. As a safety precaution, operator will perform preflight inspections and ensure

UAS is in working condition before initiating each flight.

David A Morales is seeking relief from all FARs above preventing applicant from conducting

aerial

photography and video of real estate taken at levels less than 400ft, at a speed less than 40 knots and

with a maximum flight time of 25 minutes,. The drone to be used is a D1I Phantom 3. At 3.3 pounds

the weight of the UAS meets the definition of "small unmanned aircraft" found in section 331 "The

Reform Act". In order to obtain high quality photography and video the UAS will be used at

speeds much less than it's top speed of 41 knots. Due to the UAS being battery powered there are no

combustible fuels onboard. Maximum flight time for this particular UAS is 25 minutes battery life,

flights to be terminated with 25% battery life remaining. Given the size, weight, speed, and limited

operating area associated with the aircraft to be utilized i find this exception to be reasonable with an

equivalent, or greater, level of safety to be reached by the operator.
Safety

Please see attachment "DJI Safety Guidelines" for safety precautions I use for every flight.

Additionally:

1) 1 do not operate within 5 miles of an airport unless prior contact to Air Traffic Control or the airport

manager has been made.

2) 1 land my UAS prior to manufacturer recommended minimum level of battery power

3) 1 pilot my UAS through remote control by line of sight

4) My UAS uses GPS and a flight safety feature whereby it returns to a preprogrammed position

and then slowly lands if communication with the remote control pilot is lost

5) 1 actively analyze flight data and other sources of information to constantly update and enhance

safety protocol

6) 1 conduct extensive pre-flight inspections and protocol, during which safety carries primary

importance

7) 1 always obtain all necessary permissions prior to operation; and,

8) 1 have procedures in place to abort flights in the event of safety breaches or potential danger.

9) Public Interest

The use of an UAS in the real estate industry provides both buyers and sellers a higher level of

service. For a buyer a higher level of marketing and advertising is achieved, appealing to more

buyers, resulting in a quicker sale of their home. Quicker home sales also helps accelerate the

economy as a whole. Buyers experience the benefit of encompassing a whole property, sometimes

several acres, in one photo or a short video. Not only does this benefit the specific home seller or

home buyer, but it benefits the general public because it is much more efficient than traditional

ways of using a plane or helicopter to achieve the same result. We can now provide this level of

service while being conservative with fuel, time, emissions, noise, and other resources.

Considering size, weight, speed, and absence of combustible fuels, my UAS will pose much less of

a safety concern for the general public when compared to larger manned aircraft.

The DJI Phantom 3 User’s Manuals links are as follows:

Quick Start Guide:

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guid

e_en.pdf
User Manual:

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.

0_en.pdf

Phantom 3 Professional Safety guidelines:

http://download.dji-innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf

Thank you for your consideration.

David A Morales