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wilfredophotography@gmail.com | 787-643-3234 | V-17 Calle Alaska Urb. Parkville Guaynabo PR 00969

Julio 12, 2015

Wilfredo Pérez Batista

Wilfredo Batista Photography

V-17 Calle Alaska Urb. Parkville

Guaynabo PR 00969

Emial: wilfredophotography@gmail.com

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

RE: Visual Advantage’s Petition for Exemption to Operate Unmanned Aircraft Systems for Aerial

Photography and Videography

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part

11, Visual Advantage hereby applies for an exemption from the Federal Aviation Regulations (FARs)

listed herein and any other necessary to allow its operation of small Unmanned Aircraft Systems (UAS)

to support its professional photo and video production services to include the use of small unmanned

aircraft systems (UAS) to include aerial photo and video services. The requested exemption would

permit the operation of DJI Inspire 1 and DJI Phantom3 to obtain aerial photographs and video for

photography services and sales. The areas of use will include both photo and video in the Utilities,

communications industry, real estate industry, surveying industry, construction industry, agricultural

industry, motion picture and television industry.

Exemption request to section 333 of the FAA Reform Act Plan 11 Specific to UAS operations.

14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) & (b); 14 CFR 91.103;14 CFR 91.105; 14 CFR

91.109: 14 CFR 91.119(c);14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14

CFR 91.401(a)(1) & (2); 14 CFR 91.417(a) 7 (b).

BACKGROUND

Wilfredo Batista provides photo and video production services to support professional photography

services in Puerto Rico. Traditional photography and videography is current used for interior and

exterior jobs. Visual Advantage would like to support its services and include aerial photography and

videography through the use of small UAS.
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The Unmanned Aircraft (UA) described herein is smaller, lighter and more maneuverable than

conventional aircraft running on combustible fuel, operates at lower altitudes with no people on board

and will thereby reduce current risk levels and enhance safety. With a small payload and maximum

flight time of only 22 minutes, this offers little or no risk to national security.

Experience with RC Airplane models

More than 20 years as a pilot RC models,

also have insurance with "AMA" Academy of Aeronautics, member #578481 open until 12-31-2015.

THE UNMANNED AIRCRAFT (UA)

DJI Inspire1 (primary system)

o (Model: T600)

 professional aerial filmmaking and photography platform

 Under 20 pounds takeoff weight

 4 motors

 18 to 22 minute flight time depending on battery size

o DJI Flight Master and Slave Controllers with GPS

 Provides Fail Safe features that allow the aircraft to return to the launch point and

land automatically in the event the command and control signal is lost or the battery

has reached a pre-determined threshold. If battery reaches a critical level, the aircraft

will descend and land at the current location. Control of the aircraft is maintained

during descent to allow the PIC to guide it to a safe landing.

 Home Lock function allows safe return of the aircraft in the event of a motor failure

 Contains a database of airports and restricted airspace and automatically prevents

operation in these areas.

 DJI Vision Positioning is a positioning system that uses ultrasonic and image data to help

the aircraft identify its current position. With the help of Vision Positioning, your Inspire

1 can hover in place more precisely and fly indoors or in other environments where

there is no GPS signal available.

Note: The Inspire 1's flight controller is based on DJI flight controller with several enhancements such as new flight

mode and new safe mode. Three safe modes are available: Failsafe, Return Home and Dynamic Home Point. These

features ensure the safe return of your aircraft if the control signal is lost. A flight recorder stores crucial flight data for

each flight.

o DJI 5.8 GHz Video Downlink Transmitter – FCC Licensed.

o DJI - On Screen Display of Telemetry. The superimposes telemetry data on the video downlink

to provide the pilot with heading, speed, height, distance, GPS information, and current battery

voltage as well as indicating proximity to airports and restricted airspace. Direction back to

launch point is also indicated.

Note: DJI's Lightbridge technology which can transmit video from up to 2km away. Lightbridge technology which can

transmit video from up to 2km away
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DJI Phantom3 Professional (Backup System)

o Phantom3 Professional

 Professional Grade

 Under 13 pounds takeoff weight

 4 motors

 Up to 23 minute flight time depending on battery size.

 DJI Phantom3 – Flight Controller (similar as Inspire 1)

 DJI 5.8 GHz Video Downlink (similar as Inspire 1)

 DJI Telemetry (similar as Inspire 1)

GROUND STATION EQUIPMENT

The ground station equipment is comprised of a dual control system

o Primary controller is for the Pilot in Command (PIC)

 2.4 GHz radio control unit (FCC Licensed)

 5.8 GHz video receiver (FCC Licensed)

 Display of video and telemetry

o Camera Controller operates the camera gimbal and does not affect aircraft control

 2.4 GHz radio control unit. (FCC Licensed)

 5.8 GHz video receiver (both PIC and Cameraman receive the same signal)

 Display of video and telemetry

 Two directional antenna for improved video reception

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and

sensors, would operate in the following manner:

o Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

o Aerial video and/or photography of for public and/or private use including television, public

events, cinematography and news gatherings.

o Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

o Aerial inspection/photography of residential/commercial utility infrastructure included but not

limited to electrical power lines, wind turbines and cell towers.

o Aerial video/photography or providing live video feed to assist with rescue operations in cases

of an emergency or natural disaster only when the local authorities or government has

requested it by contract and/or donation.

o The ability to offer training to persons or individuals belonging to both private and/or public

organizations that have interests in the use and application of UAS for the purpose of the safe

operation of a UAS to enhance the safety of national aerospace system (NAS) as well as for

protection of the persons and property.

As described fully below, and to be used as FOM (exibit#1), the requested exemptions would

permit the operation of a UAS under controlled conditions in the NAS that would be a) limited,
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b) controlled, c) predetermined, and d) will provide safety enhancements such as limited

exposure to flight crew, climbing crews, weight of vehicles, speeds of usage, non-use of volatile

fuels, ect. Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportations (the FAA administrators) responsibilities to “....establish requirements for the

safe operation of such aircraft systems in the national airspace system.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The primary vehicle to be used will be the DJI Inspire1 and DJI Phantom3. While vehicles may be

upgraded as new technological and safety advanced occur the bar for operation and safety will

be set by DJI and any new vehicles or versions will exceed the current safety and operational

standards. No vehicle operated by BUNGEE LLC will be modified from the manufacturers design

unless specifically directed by the same manufacturer.

The operation limitations proposed for an equivalent or higher level of safety because perations

will further enhance the safety of the persons and/or property using conventional aircraft. These

limitations and conditions to which the applicant agrees to adhere to when conducting

commercial operations under the FAA issued exemption as set forth in the flight operations

manual include:

Exhibit #1

o The UAS will weigh less than 55 lbs

o The UAS will have a maximum operating speed of no more than 100 mph

o Flights will be operated within line of sight of the pilot in command and/or visual observer

o Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at

25% battery power reserve or 30 minutes of flight time whichever occurs first

o Flights will be operated at altitude of no more than 200feet above ground level and no more

than 200 feet above an equivalent platform from which filming is planned.

o UAS will NOT operate.

o 5 nautical miles (NM) from an airport having an operational control tower; or

o 3 NM from an airport with a published instrument flight procedure, but not an operational

tower; or

o 2 NM from an airport without a published instrument flight procedure or an operational tower;

or

o 2 NM from a heliport with a published instrument flight procedure

o Minimum crew for each operation will consist of the UAS pilot(PIC), the visual observer (VO) and

may include but not limited to a camera operator

o The UAS pilot will be designated pilot in command and hold a private pilot’s license along with a

Current State Drivers License. If the PIC feels another operator to be qualified with the

necessary skills to be pilot in command and possesses a private pilot’s license along with,

Current credentials, that person may be designated PIC provided they have a minimum of 20

hours of flight time with the UAS.

o A briefing will be performed regarding the planned UAS operations prior to each day’s flight

consisting of all days production activities

o All flights will occur under visual flight rules meteorological conditions (VFR only).
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o The operator will obtain verbal/written consent of all persons involved with the planned

operations and ensure only consenting persons will be allowed within 100 feet of the flight

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determination, as required under the FOM. With the advance permission of the FFDO,

operations at closer range may be approved.

o The PIC and VO will have been trained in operation of UAS and receive up-to-date information

for the particular UAS to be operated.

o The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

o Written and/or verbal permission and permits will be obtained from territorial, state, county or

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

o If the UAS loses communications with the remote controller or losses GPS signal, the UAS will

have the capability to return to a pre-determined location within a designated location and land

autonomously.

o The UAS will have the capability to abort a flight and return to designated landing area in case of

unpredicted obstacles, weather, or emergencies.

o VO or PIC instructed to switch UAS to automatically return home in event either are

incapacitated.

https://www.faa.gov/uas/legislative_programs/section_333/how_to_file_a_petition/media/

section333_public_guidance.pdf

As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights at or below

200 feet to any UAS operator with a Section 333 exemption, provided the aircraft weighs less

than 55 pounds, operations are conducted during daytime Visual Flight Rules (VFR) conditions

and within visual line of sight (VLOS) of the pilots, and stay certain distances away from

airports or heliports.

In seeking authorization, petitioners will require exemptions from regulations with which they cannot

fully comply. The table below provides guidance regarding regulations from which a petitioner may

require exemption. However, some proposed operations may require exemption from regulations not

listed here, while others may not require exemption from all regulations listed here. 14 CFR PART

21, Subpart H Certification procedures for products and parts,

Airworthiness Certificates

91.103(b)(2) Preflight action

91.105 Flight crewmembers at stations

91.109 Flight instruction

91.119 Minimum safe altitudes

91.121 Altimeter settings

91.151 Fuel requirements for flights in VFR conditions

91.405 Maintenance required

91.407 Operation after maintenance

91.409 Inspections

91.417 Maintenance
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14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. Sec 91.203(a)(1)

The UAS will operate @ 55lbs or less (Gross), carries neither a pilot or passenger*, carries no explosive

materials or flammable liquid fuels*, and operates in within a secured and pre-determined designated

area, at altitudes not to exceed 200 ft ALT or speeds in access of 100 MPH.

14 C.F.R. Sec 91.105 Flight crew members at station

Exemption may be required, the PIC may not leave his station nor shall VO leave station . In event that

PIC or VO become incapacitated, UAS is to automatically return to designated landing area, as

outlined in FOM

14 CFR Sec 91.109 Flight Instruction (Dual Controls)

Requiring that no person shall operate a civil aircraft for flight instruction unless the aircraft has fully

functioning dual controls.UAS and Remote controlled aircraft by design do not have dual controls, to

do so on a radio controlled aircraft would lower the ability to safely operate the UAS. This section

cannot reasonably apply

14 C.F.R. Sec 45.23(b). Marking of the Aircraft

Although exemption from said section cannot benefit nor exceed current stipulations, physical

limitations of UAV are reality, such as cabins, letter size, ect. The UAV will operate under my control

with registration lettering sized to fit fuselage in compliance of said section 45.23(b) under conditions

and or limitations deemed mandatory by FAA . I and my colleges must be held responsible for

compliancy, on behalf of Public’s safety and shared air space, as well as its need to indentify and

Enforce the accountability and of this growing industry.

14 C.F.R. Sec 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command

By current regulations because the applicants UAS does not carry passengers, or property. The use of

UAS is far less dangerous (weight, speed, Fuel) than the inherent usage of commercial activities

outlined in 14 CFR.16. The pilot in command shall have a current Private pilots license as well as a

Current state drivers licsence which will equal if not exceed safety regulations outlined in 14 CFR

16.113.(a) & (b).

14 C.F.R. Sec. 91.103: Preflight Action:

Exemption is requested due to fact that FAA rotor flight manuals are not available for UAV. The PIC

will take all actions as stated in FOM, under normal procedures included but not limited to review of

weather, examination of batteries for flight time analysis, landing and takeoff distances as well as

flight and aircraft performance in flight.

14 C.F.R. Sec 91.119; Minimum Safe Altitudes

Mandates safe altitude for operation of civil aircraft and allow helicopter to operates less then

minimums prescribed, providing the person operating helicopter complies with any route with and or

altitudes prescribed for Helicopter’s by FAA. Being that UAV is of Helicopters standards and operation

a request for exemption to operate at altitude’s not to exceed 200 AGL or not more than 200 ft above

any elevated platform from which take off is necessary to achieved filming. In the event of such

particular flight plan, property owners, filming crews and other personnel would all be briefed as to
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safety and conduct procedures during flight. FOB or ATC having jurisdiction in such area would have

notification and briefing as mandated.

14 C.F.R. Sec 91.121 Altimeter Settings

The requirement of PIC is to use altimeter as means to navigate aircraft to cruise altitudes to and from

corresponding airports as predetermined in flight plan, unless ordered otherwise. As the UAS has no

barometric altimeter, but instead uses GPS altitude read out, an exemption would need be applied.

Per a pre flight check list and live flight data monitoring, the altitude of launch site will be

predetermined and therefore calculated into the UAS- GPS indicator before flight.

14 C.F.R. Sec 91.151(a): Fuel Requirements for Flight in VFR Co

Fuel requirements for flight. The maximum flight time under ideal conditions is 30 minutes with the

current manufacturers battery pack. The proposed rule under this exemption would require the UAS

to return to its point of launch if its battery reaches less than 25% provides a higher standard of safety

when applied to UAS.

14 C.F.R. Sec 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

Referring to maintenance, preventive maintenance, and alterations to the UAS. The operator will

provide minor maintenance and inspection to the UAS, documented as outlined in the operational

and safety guidelines. Given the size and simplicity of the UAS combined with the operational and

safety guidelines outlined in this petition the operator can maintain or exceed the required level of

safety.

Respectfully Submitted,

Wilfredo Pérez Batista

Wilfredo Batista Photography

V-17 Calle Alaska Urb. Parkville

Guaynabo PR 00969

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