28 September 2015

U.S. Department of Transportation 

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Ricardo Del Valle

(“Petitioner”), owner of 360 Aerial Pixels hereby apply for an exemption from the listed 

Federal Aviation Regulations (FARs) to allow commercial UAS operations under the 

outlined conditions and those established by the FAA as required by Section 333. 

The petitioner would like to formally submit for an exemption from part 21, subpart H; 

and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119,91.121,91.151(a), 91.203(a) and (b), 

91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Tittle 14, Code of Federal

Regulations (14CFR). The proposed exemption will allow us to operate a UAS for the 

purposes of capturing aerial videos and photographs and land surveying/mapping.

Granting this exemption will be in favor of the public’s interest, and also improve safety 

in the aerial imaging industry. 

The petitioner holds an FAA Commercial Pilot Certificate and Flight Instructor 

Certificates. The petitioner has a vast knowledge of not just UASs, but also manned 

aviation operations and regulations. In addition, the petitioner has been flying radiocontrolled aircraft as a hobby for over five years, and currently flies medium sized 

Unmanned Aerial Vehicles (UAVs) as a military contractor with a tour in Afghanistan. 

Ricardo Del Valle 

Owner

360 Aerial Pixels

10035 Moorshire Circle

Orlando, FL 32829

ricardo@360aerialpixels.com

(407) 766-2093
Aircraft to be used

360 Aerial Pixels will operate the DJI Phantom 3 and the 3D Robotics Iris+. Both are 

multi-rotors (quad copter) capable of vertical takeoff and landing and are operated by a 

Ground Station which includes a controller for flight controls and camera operation. The 

DJI Phantom 3 will also include a tablet or phone to assist in video or photograph capture 

and flight information. The 3D Robotics Iris+ will include a video monitor for camera 

display and a laptop or tablet with a moving map and flight monitoring. 

In general, both have the ability to be controlled by the operator either manually, 

autopilot assisted, or fully autonomously. They both utilize GPS to display altitude, 

heading, and ground speed. Both are approximately 3-4 pounds and are powered by a 

Lithium Polymer battery driving four electric motors with maximum speeds that do not 

exceed 30 knots. 

UAS Operations & Limitations 

The operation of the UAS will be conducted under the following conditions, which

ensure safe operations:

• The UAS will operate at an altitude up to 400ft AGL.

• At all times the Pilot in Command (PIC) will be accompanied by a trained 

observer whom will be close enough to communicate verbally with the PIC.

• The PIC, at a minimum will have a Sport Pilot Certificate with a current Third 

Class Medical. 

• The PIC will carry (in person) at all times his/her Pilot Certificate, Medical, and 

valid Drivers License. In addition, a copy of the FAA Exemption will be located 

inside the transport case for the UAS and GS, and be readily available when 

needed. 

• The PIC and observer will maintain visual line of sight (VLOS) with the UAS at 

all times.

• The PIC will perform preflight checks of the UAS before every flight to ensure 

proper operation in accordance to the checklist. See Appendix A and C.

• Flight time will be limited to no more than 15 minutes; this ensures the UAS is 

safe on the ground with at least 20% battery power remaining. 

• UAS operations will be conducted during daylight hours, and in VFR weather 

conditions.

• UAS will be initiated in a safe, clear area to allow the onboard Global Positioning 

System (GPS) receiver to save that point as its return home (RH) point in case 

communications between the controller/ground station (GS) and the UAS is lost. 

The UAS will autonomously and safely fly back to this point and land. 

• The PIC will obtain permission from the owner or operator if the UAS is to 

operate closer than 500 feet of any structures, vessels, or vehicles. 

• Before take off, the PIC will perform a risk assessment to assess the area for any 

potential dangers, get a general look of the intended flight area, and determine the 

best location to initiate the UAS (which will be the RH point). 
• The UAS must yield to any manned aircraft at all times.

• If the operation of the UAS requires flight within 5 miles of an airport or heliport, 

the PIC will contact the owner, or controlling agency for approval, along with 

pertinent information to include but not limited to: the time of operations, length 

of time, altitude, and location of operations. 

• 360 Aerial Pixels will maintain maintenance records for each individual aircraft 

for any maintenance performed on the UAS. See Appendix B. If maintenance was 

performed on a flight critical component, a test flight will be performed to ensure 

proper operation. In addition, the test flight will be properly documented on that 

specific aircraft’s record. 

• Maintenance will be performed in accordance to the manufacturer’s procedures 

and intervals. 

• The PIC will verify either by calling the nearest Flight Service Station (FSS) or 

going online to its web based form for any Temporary Flight Restrictions (TFR)

in the area of intended operation, and any other applicable Notices To Airmen 

(NOTAMs).

• The PIC must not permit another PIC to operate the UAS unless that operator 

meets the PIC requirements. However, the PIC operating the UAS may not 

transfer the controls of the UAS while the UAS is in flight. If a transfer of 

controls is to happen between PIC, the UAS must land and terminate the current 

flight and a new flight initiated under the command of the new PIC.

Exemptions Requested 

We request exemption from 91.7(a), which requires an aircraft to have an airworthiness 

certificate. This regulation is not applicable to our operation since there is currently no 

applicable certificate. With this exemption we request to allow 360 Aerial Pixels to 

determine if the UAS is in an airworthy condition prior to every flight by performing 

monthly inspections, maintenance records, and preflight checks. 

We request an exemption from 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and 

(b) Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, the PIC will perform a preflight inspection of the UAS before each 

flight, and routine preventative maintenance in accordance to the UAS instruction 

manual. In addition, monthly inspections of the UAS will be conducted to ensure proper 

operation. Monthly inspections will be performed on the last day of every calendar month 

and will be recorded on the aircraft’s maintenance record. Lastly, a test flight will be 

performed at the conclusion of the successful monthly inspection. 

We request an exemption from 91.121 Altimeter settings since the UAS uses GPS 

altitude. The FAA requires that UAS operating altitudes be reported in feet AGL. 

Therefore, altimeter settings are not applicable because the UAS reports in feet AGL. 

We request an exemption from 91.151(a) Fuel requirements for VFR flights. The UAS 

utilizes a battery for electric power, and will be landed when the low battery alert 

activates or 15 minutes of flight time has elapsed, whichever occurs first. If the low 
battery alert was to be missed by the PIC (unlikely), the UAS will autonomously fly back 

to the RH point and land. Therefore, this regulation does not apply, but we have 

established safety measures to fly and land with sufficient battery power reserves like it 

would have applied to a conventional aircraft.

We request exemption from 91.119, which contains safe altitudes for the operation of 

civil aircraft. The UAS will not be flown above an altitude of 400 feet AGL. The PIC of 

the UAS will choose the safest altitude required to fly based on the type of work to be 

done and clearance from obstacles. The size, weight, and speed of the UAS achieve an 

equivalent or higher level of safety. 

We request exemption from 91.9 (b)(2), which requires an aircraft manual to be onboard 

the aircraft. Given the size of the aircraft and the fact that it will not carry a crew and/or 

passengers this regulation is inapplicable. However, the manual provided by the 

manufacturer will be with the ground station and easily accessible to the operator. 

Public Interest

Aerial photos and/or videos for real estate advertising and marketing have proven to be 

an excellent tool. It provides a different perspective for homebuyers and highlights key 

aspects of a property from a bird’s eye view. Aerial photography and videography in the 

real estate market have been used before, however it was performed by conventional 

fixed, or rotor wing aircraft. These aircrafts are very costly to operate and impractical for 

small businesses. Therefore, granting this exemption will make it affordable to use aerial 

photos and videos for marketing and advertising of real estate. Also, from our experience 

the optimal altitudes for aerial photos and videos fall below 200 feet AGL, which is an 

altitude that is impractical for a manned aircraft. 

The operation of the UAS will not pose a threat to the public given the small size and 

weight, and low speeds. In addition, contrary to manned aircraft the UAS will not carry 

combustible fuel, further decreasing the risk to the public and a more environment 

friendly solution. Larger manned aircraft used for aerial imaging can weigh in excess of 

3,000 pounds and carry in excess of 50 gallons of fuel, which can pose a risk to persons 

below in case of an emergency. 

Any questions, comments, or concerns please don’t hesitate to contact (407) 766-2093 or

ricardo@360aerialpixels.com

Thank you,

Ricardo Del Valle

Owner

360 Aerial Pixels