UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

DOCKET MANAGEMENT SYSTEM

1200 NEW JERSEY AVE., SE

WASHINGTON, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Nick Perez

FOR AN EXEMPTION SEEKING RELIEF FROM 

THE REQUIREMENTS OF THE FAA Reform Act and 

Part 11 of the Federal Aviation Regulations from

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.7(a); 91.119 (c); 91.121; 91.151(a); 

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS

 PURSUANT TO SECTION 333 OF

 THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on January 13, 2015 

Nick Perez

3040 Rivera Dr. 

Burlingame, CA 94010 

nickperez1285@gmail.com

Table of Contents

GLOSSARY OF ABBREVIATIONS 3

INTRODUCTION AND INTERESTS OF THE PETITIONER 4

Executive Summary 4

Expeditious Summary Grant Approval Request 4

Description of Type, Make and Models of sUAV/UAS Requested: 5

Commercial (Mission, Operation) Purpose: 5

Regulations from which the Exemption Relief is requested: 6
The name and address of the Petitioner: 7

Background 7

Commitment to Safety 7

Expertise & Experience 7

The Exemption Request 8

Operator Requirements 10

Aircraft and Equivalent Level of Safety 13

Specific Uses Public Benefits 17

Equivalent Level of Safety 18

14 C.F.R. § 91.7(a): Civil aircraft airworthiness. 19

14 C.F.R. §91.119: Minimum safe altitudes 19

14 C.F.R. §91.121 Altimeter Settings 20

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 20

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance 

Inspections 21

Federal Register Publication 22

Privacy and National Security 22

Summary 22

Appendix A - Exemption Pattern 25

Appendix B - TECHNICAL MANUALS AND SPECIFICATIONS26

APPENDIX C - COMMERCIAL (MISSION/OPERATION) PURPOSE - FAA 

PREVIOUS APPROVED EXEMPTION NUMBERS 27

APPENDIX D - EQUIPMENT - FAA PREVIOUS APPROVED EXEMPTION 

NUMBERS 28

APPENDIX E - EXEMPTION 14 C.F.R - FAA PREVIOUS APPROVED EXEMPTION 

NUMBERS 29

APPENDIX F - Monthly Maintenance and Repair Log 30

APPENDIX G – MOTION PICTURE AND TELEVISION FLIGHT OPERATIONS 

MANUAL VERSION 1.0 31

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS

Global Positioning System

LOL Loss of Link
AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS

Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice To Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 

(FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

sUAS Small Unmanned Aircraft System

sUAV Small Unmanned Aircraft Vehicle

UA Unmanned Aircraft

UAS Unmanned Aircraft System

UAV Unmanned Aircraft Vehicle 

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Take-Off and Landing

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform 

Act”) and 14 C.F.R. Part 11, Nick Perez Operator of Small Unmanned Aircraft Systems 

(“sUASs”) equipped to offer on-demand commercial UAS operations for a host of 

industries and applications and to perform the purposes listed below, hereby applies for 

an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial 
operation of its sUAV’s/UAS, so long as such operations are conducted within and under 

the conditions outlined herein or as may be established by the FAA in an exemption 

granted under either Section 333 or Section 49 U.S.C. §44701(f) 

As described more fully below, the requested exemption would permit the operation of a 

UAS under controlled conditions in airspace that is 1) limited; 2) predetermined; and 3) 

would provide safety enhancements in the fields in which it will operate, which now 

depend upon conventional aircraft or humans climbing high on dangerous structures, 

walking in insect laden swamps, and working adjacent to treacherous infrastructure. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “... establish requirements 

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

333(c) of the Reform Act.

Executive Summary

Expeditious Summary Grant Approval Request

The petitioner requests the agency issue a summary grant process for this application. 

Petitioner has provided in a confidential document attachment labeled as petitioner 

proprietary information, specific exemption numbers whereby the FAA has already 

granted a previous exemption similar or identical to each and every request, herein. 

For the FAA’s benefit, Petitioner has researched, categorized and arranged all 631 

exemptions granted as of June 23, 2015 into a usable searchable database, based upon the 

following criteria: date submitted, date grant issued, time to petition grant, petitioner, 

petitioner’s state, exemption number, sUAV equipment type, grant purpose (mission/

operation), along with other supporting data. 

Petitioner has identified four previous approved exemptions for each of the Petitioners 

FAA submission requests:

• Commercial (mission/operation) purposes;

• Type of sUAV’s (UAS);

• Title 14 Exemptions (exemption pattern referenced in appendix A)

Description of Type, Make and Models of sUAV/UAS Requested:

The petitioner is seeking an exemption to commercially operate sUAV’s makes and 

modes as follows: 

DJI - Phantom 2, DJI - Phantom 3

Each separately weighs 55 lbs. or less, with imaging payload and applicable equipment.

Equipment operation manuals for each sUAV are included for your reference and are 

considered confidential information for each respective company’s UAS and are affixed 
separately in these documents labeled Appendix.

Commercial (Mission, Operation) Purpose: 

This exemption request, once granted would allow the petitioner to operate a small 

unmanned aerial vehicle (sUAV), unmanned aircraft system (UAS) to collect imagery 

and video to be used for aerial inspection, photography and videography of residential 

and commercial real estate , photography and videography of utility infrastructure, aerial 

surveying, construction site inspection and monitoring, and aerial imaging for safety. 

Regulations from which the Exemption Relief is requested:

14 C.F.R. § 61.113 (a) & (b)

14 C.F.R. § 61.133(a)

14 C.F.R. § 91.7(a)

14 C.F. R.§ 91.119

14 C.F.R. § 91.121

14 C.F.R. § 91.151 (a)

14 C.F.R. § 91.405 (a)

14 C.F.R. § 407 (a) (1)

14 C.F.R. § 409 (a) (2)

14 C.F.R. § 417 (a) & (b)

See Appendix E

The name and address of the Petitioner:

Nick Perez

3040 Rivera Dr. 

Burlingame, CA 94010 

Please direct any question or comment regarding this petition to

 Nick Perez

3040 Rivera Dr. 

Burlingame, CA 94010 

Background

The Petitioner, Nick Perez, is a highly accomplished, capable, experienced and trusted 

professional.

The Petitioner has a passion for solving problems with cutting edge technologies. Multi 

Rotors provide an opportunity to capture unique perspectives of residential structures, 

providing safer, faster, and a more cost efficient method of capturing similar imagery than 

other existing alternatives .

The Petitioner has a background in web development and software engineering for which 
he has received various awards for. These awards include : 1st place winner of 

WaveMaker API integration hackathon , 1st place winner of CouchBase API challenge, 

1st place winner of Amazon’s Internet of Things Challenge, and 2nd place winner of 

SparkPost hackathon. The Petitioner holds an International business degree from the 

University of San Francisco and has a rich history in photography and video.

The Petitioner can provide interested parties with comprehensive imagery of residences 

that can be used to maximize any promotional endeavors in a manner that prioritizes 

operational safety above all else 

Commitment to Safety

As part of its commitment to safety and innovation, the Petitioner is asking for this 

exemption in part, to reduce the risk of injury to its contractors who participate in the 

proposed activities the Petitioner requests, including but not limited to damage to 

residences, buildings and other structures within the United States. 

Expertise & Experience

Nick Perez has years of experience as a trusted sUAV pilot and his qualifications have 

lead to various job offers from companies that utilize sUAVs within their business 

The Exemption Request

Nick Perez proposes the use of the sUAV’s will be for capture of high resolution imagery 

and video of residential or commercial applications and purposes to a level of quality that 

allows the Petitioner to use the imagery to identify, record, memorialize events and 

objects according to the purposes noted. 

The imagery and video will be used for aerial inspection, photography and videography 

of residential and commercial real estate , photography and videography of utility 

infrastructure, aerial surveying, construction site inspection and monitoring, and aerial 

imaging for safety. 

 The UAS will be operated by Nick Perez to capture high-resolution imagery/video of 

residential structures. Given the small size of the sUAV’s involved, no more than 55 

lbs., majority of the speed of operation be between 5-15 mph and the restricted 

environment within which they will operate, the Petitioner falls squarely within that zone 

of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, 

by exemption, allow commercial operations of UASs to commence immediately.

This exemption application is submitted to fulfill Congress’ express goal in passing 

Sections 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate safely 

in the national airspace system (NAS) before completion of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Secretary is 
required to determine which types of UASs do not create a hazard to users of the NAS or 

the public or pose a threat to national security in light of the following:

• The UAS’ size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the Operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate 

safely in the national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis 

added).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is 

defined under §40101 of the Act: The Administrator may grant an exemption from a 

requirement of a regulation prescribed under subsection (a) or (b) of this section or any of 

sections 44702-44716 of this title if the Administrator finds the exemption is in the public 

interest. 49 U.S.C. §4470D1(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 

§91.203(a)(1) This authority to grant exemptions reaches such issues as authorization of 

commercial operation of aircraft without an FAA issued pilot’s license.

Nick Perez in filing this application is requesting that the FAA combine the grant of the 

Section 333 exemption with a standard Certificate of Operation (COA) that will allow 

commercial operations of its Nick Perez’s sUAV without the necessity of filing for a COA 

for each flight, unless such flight is to be conducted in an area not approved in the 

exemption. Compliance with the conditions agreed to herein and that may be imposed by 

the FAA, as set forth in prior Section 333 exemptions, provide the separation needed 

from other aircraft.

In addition, given that all operations will be conducted below 400 AGL feet and no closer 

than 5 nautical miles of the geographic center of an airport as denoted on a current FAA 

published aeronautical chart, unless a letter of agreement with that airport’s management 

is obtained, Nick Perez requests that operations over congested or densely populated 

areas be allowed. The new sUAV’s do have GPS geo-fencing, it will operate at a very low 

altitude, within confined areas, at low speed and weighs no more than 55 lbs.. Such 

operations will only be under-taken with the approval of the land or home owner, as set 

forth herein, and will comply with the requirements that operations be no closer than 500 

feet to the adjacent building unless the land owner has provided permission, and the 

Operator has made a safety assessment of the risk from such operations. 

Operator Requirements

Given the sUAV proposed by Nick Perez, the Petitioner should not be required to hold a 

private pilot license. Nick Perez believes that 1) the operator, instead of understanding 

how to operate a passenger carrying aircraft, should have knowledge and experience that 

enables the safe operation of a small, remotely piloted sUAV should understand airspace 

restrictions and know how to ensure separation from other aircraft as well as non-
participants and property; 2) the sUAV has built-in technical capabilities that limit the 

potential for unsafe operation and 3) there are other security screening mechanisms 

already in existence that Nick Perez will utilize to ensure operation is consistent with 

national security interests. 

Given the sUAV safety features outlined below, Nick Perez proposes that its operations 

under this Exemption request should not be required to hold a commercial or private pilot 

certification. Instead, Petitioner should be required to: have successfully completed, at a 

minimum, FAA private pilot ground instruction and passed the FAA Private Pilot written 

examination or FAA-recognized equivalents; have completed training program for 

operation of the UAS.

Petitioner notes that 1) the FAA has found that safety factors permitted operation of 

sUAV’s by Operators with these qualifications in the case of operations pursuant to public 

COAs when the mandatory operating conditions specified above were present; and 2) that 

the Notice of Proposed Rulemaking entitled Operation and Certification of Small 

Unmanned Aircraft Systems, 80 F.R. 9544 (February 23, 2015) (“NPRM”), does not 

require the operator to hold a private pilot license or a third class medical.

Advanced sUAV’s has a navigation and control system and auto-pilot that allows it to 

execute very accurate pre-programed flights. Flights are pre-programmed with GPS 

waypoint to establish perimeters beyond which the aircraft will not operate. Flights under 

auto-pilot are not directed by positive manual input, but through pre-programmed flight 

parameters that are executed by the auto-pilot. In the case of unplanned events, the 

Operator inputs preprogrammed evasive maneuvers from the control unit, and the 

autopilot executes those maneuvers. Pre-programmed Operator interventions include: 

initiation of holding at present position; suspension of mission; fly back to launch point; 

abort mission and land immediately; and emergency power cut off and land (flight 

termination system). Additional automated safety functions and safety enhancing features 

of the Advanced sUAV’s may include the following:

1) Auto-pilot detection of lost GPS or of insufficient satellites initiates an 

immediate landing, 

2) Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% 

levels. Low power below 10% triggers an immediate landing, 

3) If the auto-pilot detects a lost-link to the ground controller, the UAS will hold 

position at its current location for 5 seconds and if the signal is not restored, 

execute a return to home and land, 

4) Redundant “kill switches” that enable completely shutting the aircraft down in 

flight in the event of a loss of control or un-commanded deviation from the flight 

path, 

5) The aircraft, weighs less than 55 lbs., fully loaded, 

6) The motors are driven by pulse width modulated signals, not analog signals, 

7) The aircraft will operate for the Purposes at no more than 30 mph (while 

imaging) nor above 200 feet above the structure (imaging altitude) or a maximum 

of 400 feet AGL. 
See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems 

(UAS) Operational Approval, at 20-21 (July 30, 2013); As the FAA has determined in 

Exemptions 11062 thru 11067,11080 and 11110 (the “Exemptions”), in comparing the 

requirements for private pilot knowledge and the knowledge required for a commercial 

pilot, that knowledge associated with a private pilot license, and therefore private pilot 

ground school, was sufficient to allow private pilots to operate sUAV’s under those 

exemptions. 

Based upon that analysis, Petitioner believes successful completion of FAA private pilot 

ground school is a suitable predicate to operating the sUAV under this exemption. 

Petitioner proposes that the Petitioner accumulate required sUAV flight training hours 

through the operation of sUAV’s rather than flight hours in conventional aircraft. Those 

hours are more relevant to the operations proposed herein than hours gained in obtaining 

a private pilot’s certificate in conventional or rotor aircraft. Those aircraft are orders of 

magnitude heavier than the sUAS and carry not only the pilot himself, but also 

passengers and fuel, none of which is carried in the sUAS. These conventional aircraft fly 

over all sorts of airspace without the permission or knowledge of the landowner. 

A handheld radio controller controls the sUAV and the vehicle is operated within the line 

of sight. The requirements of Part 61.127 (commercial flight proficiency) and §61.107 

(private flight proficiency), to the extent they are relevant to UAS operations, can be 

taught in the training proposed herein. As a review of the requirements of part 61.127 and 

107 demonstrate, the issues presented as they relate to a 55 pound aircraft, operating at 

less than 30 mph during filming operations are those taught in ground school and in flight 

training with the particular UAS and not gained from accumulating flight hours in a fixed 

wing or rotorcraft gas or jet A powered aircraft completing cross country flights and take 

offs and landings at controlled and uncontrolled airports.

Petitioner additionally asks that the exemption be issued without the requirement for a 

visual observer. As set forth herein, an equivalent level of safety is provided by the size, 

speed and control capabilities of the aircraft, as well as the operational procedures that 

will be applicable to all flight hereunder. These obviate the need for the visual observer. 

Nick Perez will be operating the aircraft, always within line of sight. He or she will walk 

and follow the aircraft around the inspection area so that while it is flying its preprogramed and at times, manual flight path, the UAS will always be directly in his or her 

line of sight. Nick Perez will not be distracted by viewing the pictures taken during the 

flight. Rather, once the sUAV is launched, his only duty will be to watch the flight of the 

UAS over the structure and intervene to address flight path deviations or other issues that 

arise during the flight. The functions that an observer performs where the aircraft is flown 

at long distances from the launch area will not be necessary as he will always have the 

aircraft in his or her direct sight. The observer also will not be necessary because Nick 

Perez will conduct a pre-flight inspection of the area, will and if needed, cordon off the 

area and will perform frequent visual scans of the area while the vehicle is operating.

Nick Perez again notes that the NPRM does not require the use of a visual observer. 
Given the clear direction in Section 333 of the Reform Act; the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, 

reduction in environmental impacts, including reduced emissions associated with 

allowing battery powered sUAV’s for these functions instead of turbine or gas power 

aircraft/rotorcraft and operations with pilots having at least a private pilot license, the 

grant of the requested exemptions is in the public interest. 

Aircraft and Equivalent Level of Safety

The Petitioner proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate with the limitations listed herein. These 

limitations provide for at least an equivalent or even higher level of safety to operations 

under the current regulatory structure because the proposed operations represent a safety 

enhancement to the operations conducted with conventional aircraft or with humans 

climbing up and around structures. These conditions are drawn from Exemptions 11136, 

11138, 11172, 11174 and 11177, 11062, 11109, 11112, and 11213 and as recent as 11857.

These limitations and conditions to which Nick Perez (referred to as “Operator”) agrees 

to be bound when conducting commercial operations under an FAA issued exemption 

include: 

• Operations authorized by this grant of exemption are limited to the aircraft 

described in the Operator’s manual, which is a multi-rotor weighing up to 55 

pounds: Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

• The UA may not be flown at an indicated airspeed exceeding 30 mph (10 mph 

during inspections). 

• The UA must be operated at an altitude of no more than 400 feet above ground 

level (AGL), as indicated by the procedures specified in the Operator’s manual. 

All altitudes reported to ATC must be in feet AGL. 

• The UA must be operated within visual line of sight (VLOS) of the Aircraft 

Operator at all times. This requires the Aircraft Operator to be able to use human 

vision unaided by any device other than corrective lenses.. 

• The Exemption Holder’s Manuals must be amended to include all conditions and 

limitations required by the FAA. The Manuals must be maintained and made 

available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations in the exemption and the procedures outlined in the 

Exemption Holder’s Operator’s manual, the conditions and limitations in the 

exemption take precedence and must be followed. Otherwise, the Aircraft 

Operator must follow the procedures as outlined in its Aircraft’s manual. The 
Exemption Holder may update or revise its Manuals. It is the Exemption Holder’s 

responsibility to track such revisions and present updated and revised documents 

to the Administrator upon request. The Exemption Holder must also present 

updated and revised documents if it petitions for an extension or amendment of 

this exemption. If the Exemption Holder determines that any update or revision 

would affect the basis upon which the FAA granted this exemption, then the 

Exemption Holder must petition for amendment to its exemption.

• Prior to each flight, the Aircraft Operator must inspect the UAS to ensure it is in a 

condition for safe flight. If the inspection reveals a condition that affects the safe 

operation of the UAS, the aircraft is prohibited from operating until the necessary 

maintenance has been performed, and the UAS is found to be in a condition for 

safe flight. The Ground Control Station must be included in the preflight 

inspection. All maintenance and alterations must be properly documented in the 

aircraft records.

• Any 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 Exemption holder’s 

Manuals. The Aircraft Operator who conducts the functional test flight must make 

an entry in the UAS aircraft records of the flight. The requirements and 

procedures for a functional test flight and aircraft record entry must be added to 

the Exemption Holder’s Operator’s manual.

• The Exemption Holder must follow the manufacturer’s UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements, with 

particular attention to flight critical components that may not be addressed in the 

manufacturer’s manuals.

• The Exemption Holder must carry out its maintenance, inspections, and record 

keeping requirements in accordance with the Operator’s Manuals. Maintenance, 

inspection, and alterations must be noted in the aircraft logbook, including total 

flight hours, description of work accomplished, and the signature of the 

authorized technician returning the UAS to service.

• The authorized technicians must receive and document training referenced in the 

Exemption Holder’s Manuals.

• Each UAS operated under this exemption must comply with all manufacturer 

System and Safety Bulletins.

• The Exemption Holder’s maintenance personnel must make a record entry in the 

UAS logbook or equivalent document of the corrective action taken against 

discrepancies discovered between inspections.

• Prior to commencing operations, the Aircraft Operator shall have logged at least 

25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a 
UA pilot with a similar UA type and 5 hours in the make and model.

• If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property and land 

or be recovered in accordance with the Exemption Holder’s Manuals.

• The Aircraft Operator must abort the flight in the event of unpredicted obstacles 

or emergencies, including unauthorized people entering the flight area, in 

accordance with the Exemption Holder’s Manuals.

• The Aircraft Operator is prohibited from beginning a UAS flight unless 

(considering wind and forecast weather conditions) there is enough power to fly to 

the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 10 minutes.

• All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

• Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.

• The documents required under 14 CFR 91.9 and 91.203 must be available to the 

Operator at the Ground Control Station of the UAS any time the aircraft is 

operating. These documents must be made available to the Administrator or any 

law enforcement official upon request. 

• The UA must remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultra-light 

vehicles, parachute activities, parasailing activities, hang gliders, etc.).

• The UA may not be operated by the Aircraft Operator from any moving device or 

vehicle.

• UAS operations may not be conducted during night, as defined in 14 CFR 1.1.

• All operations must be conducted under visual meteorological conditions (VMC). 

The UA 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 from the 

Operator.

• During operations the UA may not operate within 5 nautical miles of the 

geographic center of an airport as denoted on a current FAA-published 

aeronautical chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a NOTAM, if as 
required by the Operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request.

• The UA may not be operated over congested or densely populated areas unless the 

conditions set for in #26 are satisfied. These populated areas include but are not 

limited to the yellow areas depicted on World Aeronautical Charts (WAC), 

Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). 

However, aeronautical charts may not reflect pertinent local information. 

Ultimately, it is the Operator’s responsibility to maintain the minimum safe 

altitudes required by § 91.119 (d) (1). 

• Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

• Barriers or structures are present that sufficiently protect nonparticipating 

persons from debris in the event of an accident. The Aircraft Operator 

must ensure that nonparticipating persons remain under such protection. If 

a situation arises where nonparticipating persons leave such protection and 

are within 30 feet of the UA, flight operations must cease immediately 

and/or;

• The aircraft is operated near vessels, vehicles or structures where the land 

owner/controller has granted permission and/or the Aircraft Operator has 

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

and;

• Operations near the Aircraft Operator do not present an undue hazard to 

the Operator per § 91.119(a).

• All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted.

• Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be 

reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov. 

Specific Uses Public Benefits 

Nick Perez proposes use of its sUAV provided equivalent or augmented levels of safety 

for each of the uses proposed herein: 

The present systems of photography and videography and mapping of inspecting the 
roofs , buildings and large structures site surveys, climbing on the roofs and structures 

that are steep, tall, slippery, weakened or otherwise hazardous or by the use of 

conventional aircraft. 

The current procedures can result in significant injuries to the people who must climb on 

the roofs or require the use of aircraft that are orders of magnitude greater in size than the 

sUAV. Either method, manual inspection or large conventional aircraft, results in 

increased risk of injury due to personnel falling off roofs or ladders, carrying heavy 

ladders and dealing with confined and dangerous spaces, or increased risk from low 

altitude flyovers with helicopters or fixed wing aircraft inspecting buildings after damage 

from storms or other disasters, such as earthquakes or fires. Such flights are, of course, 

significantly more expensive than those undertaken with a sUAV. 

The present system exposes those not only in the immediate area of inspection, but those 

who are along the path of flight associated with the arrival and departure of the 

conventional aircraft at the inspection site because the aircraft must be flown to and from 

the site. By contrast, the sUAV is carried to the site and transits no other property. 

Conventional aircraft carry flammable fuels that are not carried by the UAS and emit 

pollutants associated with internal combustion engines. The sUAV’s proposed herein are 

battery powered and have no emissions.

Equivalent Level of Safety

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

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the Nick Perez’ sUAV is 

remotely controlled with no passengers or property of others on board. Section 61.133(a) 

requires an individual with a commercial pilot’s license to be pilot in command of an 

aircraft for compensation or hire. 

Nick Perez respectfully proposes that requirements should take into account the 

characteristics of the particular UAS. Nick Perez’sUAV has a high degree of preprogrammed control and various built-in technical capabilities that strictly limit the 

potential for operation outside of the operating conditions set forth in the exemption 

application. The sUAV has navigation and control system comprised of a Ground Control 

Station (GCS) and auto-pilot system that can be pre-programmed to set operational 

boundaries. All flights are pre-programmed with precision GPS guidance.. In the case of 

unplanned events, the Operator may input pre-programmed evasive maneuvers from the 

control unit, and the onboard autopilot executes those maneuvers. Pre-programmed 

Operator interventions include initiation of holding at present position; suspension of 

mission; fly back to launch point; abort mission and land immediately; and emergency 

power cut off and land (Flight Termination System). 

Additional automated safety functions and safety enhancing features of the Nick Perez 

sUAV may include the following:

1.1. Auto-pilot detection of lost GPS or of insufficient satellites initiates an 
immediate landing.

1.2. Low power on the aircraft triggers escalating alarms at GCS at 35% and 

10% levels. Low power below 10% triggers an immediate landing.

1.3. If the auto-pilot detects a lost-link to the ground controller, the UAS 

will hold position at its current location for 5 seconds and if the signal is not 

restored, execute a return to home and land.

1.4. Redundant “kill switches” that enable completely shutting the aircraft 

down in flight in the event of a loss of control or un-commanded deviation 

from the flight path. 

1.5. The aircraft, weighs less than 55 lbs., fully loaded.

1.6. The motors are driven by pulse width modulated signals, not analog 

signals.

1.7. The aircraft will operate for the Purposes at no more than 30 mph 

(while imaging) nor above 200 feet above the structure (imaging altitude) or 

a maximum of 400 AGL. 

Given these safety features, Nick Perez proposes that when operating the sUAV he 

should not be required to hold a commercial or private pilot certification. 

Instead, Nick Perez should be required to: have successfully completed, at a minimum, 

FAA private pilot ground instruction and passed the FAA Private Pilot written 

examination or FAA-recognized equivalents 

Nick Perez notes that the FAA has found that safety factors permitted operation of UASs 

by Operators with these qualifications in the case of operations pursuant to public COAs 

where the mandatory operating conditions specified above were present. See, Federal 

Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) 

Operational Approval, at 20-21 (July 30, 2013). Likewise, Nick Perez notes that the 

NPRM does not require that the Operator hold a private pilot license issued by the FAA.

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation of the Nick Perez’s UAV without a private pilot’s certificate or a 

commercial pilot’s certificate, under the conditions set forth herein.

The risks associated with the operation of the UAV (given its size, speed, operational 

capabilities, and lack of combustible fuel) are so diminished from the level of risk 

associated with private pilot operations or commercial operations contemplated by Part 

61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the 

UAS as set forth above meets or exceeds the present level of safety provided under 14 

C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to 

operate the aircraft under § 61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. Should the exemption be granted allowing commercial operation of 

the UAS without an airworthiness certificate, no standard will exist for airworthiness of 
the UA. Given the size of the aircraft and the requirements that the Operator has agreed 

to as it relates to airworthiness, as contained in the manual, an equivalent level of safety 

will be achieved by insuring compliance with the manuals prior to each flight. The FAA 

has granted exemptions to conduct similar operations in Exemptions 11062 through 

11067, 11080 and 11110.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the 

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

needed to allow such operations. 

The equivalent level of safety will be achieved given the size, weight, and speed of the 

UAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner, facility owner, and/or local officials. Because of the 

advance notice to the property owner and participants, all affected individuals will be 

aware of the planned flight operations as set forth in the Manuals. Compared to flight 

operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. and the 

lack of flammable fuel, any risk associated with these operations is far less than those 

presently presented by conventional aircraft operating at or below 500 AGL in the aerial 

photography industry. In addition, the low-altitude operations of the sUAS will ensure 

separation between these small-UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119. The FAA has granted exemptions to 

conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.

14 C.F.R. §91.121 Altimeter Settings

This regulation 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 before departure.” As the Nick Perez’ sUAV, in 

manual or emergency mode, will not have a barometric altimeter display, but instead a 

GPS altitude display, an exemption will be needed. The Operator, pursuant to the 

procedures set forth in the Manuals as indicated before flight, will achieve an equivalent 

level of safety. The FAA has granted exemptions to conduct similar operations in 

Exemptions 11062 through 11067, 11080 and 11110.

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

Section 91.151(a) 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 fly 

after that for at least 45 minutes.” 
The battery powering the sUAS provides approximately 40 minutes of powered flight. To 

meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would be 

limited to approximately 10 minutes in length. Given the limitations on the UAS’ 

proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight is reasonable. 

Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly 

controlled area where only people and property owners or official representatives who 

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that Section 91.151(a) was intended to alleviate given the size 

and speed of the small UAS.

Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 

30 minutes or 25% of remaining battery power whichever happens first. This restriction 

would be more than adequate to return the sUAS to its planned landing zone from 

anywhere in its limited operating area. Similar exemptions have been granted to other 

operations, including Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062, 

through11067, 11080 and 11110.

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance 

Inspections

These regulations require 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...,” and others shall inspect or maintain the aircraft in 

compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the Petitioner. Maintenance will be 

accomplished by the Operator or manufacturer pursuant to the flight manual and 

operating handbook as referenced in the Manuals attached as confidential Exhibits An 

equivalent level of safety will be achieved because these small UASs are very limited in 

size and will carry a small payload and operate only in defined areas for limited periods 

of time. If mechanical issues arise, the UAS can land immediately and will be operating 

from no higher than 400 feet AGL. As provided in the Aircraft Flight Operations Manual 

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 performed. Moreover, 

the Operator and manufacturer are most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

The FAA has granted exemptions for similar operations in Exemptions 11062 through 

11067, 11080 and 11110.

*********
Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules:

14 C.F.R. §§ 61.113(a) & (b); 91.7(a); 91.119; 91.121; 91.151(a); 91.405(a);

91.407(a)(1); 91.409(a)(2) and 91.417 (a) & (b) to operate commercially a small 

unmanned vehicle (55 lbs. or less) for the following purposes: to conduct bridge 

inspections, flare stack inspection, utility-power generation system inspections and 

patrolling, aerial inspection and photography of residential and commercial utility 

infrastructure including but not limited to electrical power lines, wind turbines and cell 

towers, pipeline inspection and patrolling, filmmaking, cinematography, and videography, 

precision agriculture with on board sensors, wildlife and forestry monitoring and 

mosquito and insect control, aerial surveying, construction site inspection and 

monitoring, public entity support operations, aerial video and live video feed to assist 

with search and rescue operations under the authority and support of local authority 

officials, aerial video and photography for public and private use including television, 

public events, and cinematography live feed and live newsgathering, training to persons 

individually or belonging to both private and public organizations to increase awareness 

and improve safety for current and future UAS operations within the NAS, special 

events: including high schools, colleges, professional sports, open air events and fairs, 

research, risk management and assessment, motion picture production, surface mining, 

closed set filming, disaster and catastrophe events.

Privacy and National Security

All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Inspection will be of inanimate objects in areas where the 

owners will have consented to the inspections or otherwise have agreed to allow the UAS 

and the Operator to be in the area where operations will take place. 

The size of the UAS, its speed and restricted area of operation do not raise national 

security issues.

Summary

Approval of exemptions allowing commercial operations of sUAV’s for petitioner to 

operate an unmanned aircraft system (UAS) to conduct bridge Inspections, flare stack 

inspection, utility-power generation system inspections and patrolling, aerial inspection 

and photography of residential and commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers, pipeline inspection and 

patrolling, filmmaking, cinematography, and videography, precision agriculture with on 

board sensors, wildlife and forestry monitoring and mosquito and insect control, aerial 

surveying, construction site inspection and monitoring, public entity support operations, 

aerial video and live video feed to assist with search and rescue operations under the 
authority and support of local authority officials, aerial video and photography for public 

and private use including television, public events, and cinematography live feed and live 

newsgathering, training to persons individually or belonging to both private and public 

organizations to increase awareness and improve safety for current and future UAS 

operations within the NAS, special events: including high schools. colleges, professional 

sports, open air events and fairs, research, risk management and assessment, motion 

picture production, surface mining, closed set filming, disaster and catastrophe events, 

will enhance safety by reducing risk. 

Conventional operations, using jet or piston powered aircraft, ladders or placing people in 

swamps, on roofs or tall, hazardous or weakened structures, exposes them to higher risks 

than those created by use of a sUAV’S. Conventional aircraft that operate at extremely 

low altitudes just feet from the subject being inspected and in extreme proximity to 

people and structures present the risks associated with vehicles that weigh in excess of 

6,000 lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters). 

Such aircraft must fly to and from the project location. In contrast, a sUAV weighing 

fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The sUAV is carried to the 

target area and not flown. The sUAV will carry no passengers or crew and, therefore, will 

not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted under the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant 

of the exemptions requested herein. These lightweight aircraft operate at slow speeds, 

close to the ground, and in areas that are under the control of the customer for the 

operations and, as a result, are far safer than conventional operations conducted with 

turbine helicopters operating in close proximity to the ground and people or the use of 

individuals to climb the structures to conduct the operations.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 –size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security – provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of 

Petitioner’s UAS for the Purposes outlined herein and are consistent with exemptions 

already granted, including Exemptions number 11171 through 11174, 11176, 11177, 

11062, 11109, 11112, and 11213 and as recent as 11857.

Sincerely,

Nick Perez

3040 Rivera Dr. 

Burlingame, CA 94010 
Appendix A - Exemption Pattern

Petitioner submits the Appendix and Manuals marked “CONFIDENTIAL,” as they 

contain proprietary confidential business information that is not released to the public and 

is protected under the Freedom of Information Act 5 USC §552 et. seq. 5 Reform Act 

Section 333 (b). 

Submitted under separate cover.

Appendix B - TECHNICAL MANUALS AND SPECIFICATIONS

Petitioner submits the Appendix and Manuals marked “CONFIDENTIAL,” as they 

contain proprietary confidential business information that is not released to the public and 

is protected under the Freedom of Information Act 5 USC §552 et. seq. 5 Reform Act 

Section 333 (b). 

Submitted under separate cover.

APPENDIX C - COMMERCIAL (MISSION/OPERATION) PURPOSE - FAA 

PREVIOUS APPROVED EXEMPTION NUMBERS

Petitioner submits the Appendix and Manuals marked “CONFIDENTIAL,” as they 

contain proprietary confidential business information that is not released to the public and 

is protected under the Freedom of Information Act 5 USC §552 et. seq. 5 Reform Act 

Section 333 (b). 

Submitted under separate cover.

APPENDIX D - EQUIPMENT - FAA PREVIOUS APPROVED EXEMPTION 

NUMBERS

Petitioner submits the Appendix and Manuals marked “CONFIDENTIAL,” as they 

contain proprietary confidential business information that is not released to the public and 

is protected under the Freedom of Information Act 5 USC §552 et. seq. 5 Reform Act 

Section 333 (b). 

Submitted under separate cover.
APPENDIX E - EXEMPTION 14 C.F.R - FAA PREVIOUS APPROVED EXEMPTION 

NUMBERS

Petitioner submits the Appendix and Manuals marked “CONFIDENTIAL,” as they 

contain proprietary confidential business information that is not released to the public and 

is protected under the Freedom of Information Act 5 USC §552 et. seq. 5 Reform Act 

Section 333 (b). 

Submitted under separate cover.

APPENDIX F - Monthly Maintenance and Repair Log

Petitioner submits the Appendix and Manuals marked “CONFIDENTIAL,” as they 

contain proprietary confidential business information that is not released to the public and 

is protected under the Freedom of Information Act 5 USC §552 et. seq. 5 Reform Act 

Section 333 (b). 

Submitted under separate cover.

APPENDIX G – MOTION PICTURE AND TELEVISION FLIGHT OPERATIONS 

MANUAL VERSION 1.0

Petitioner submits the Appendix and Manuals marked “CONFIDENTIAL,” as they 

contain proprietary confidential business information that is not released to the public and 

is protected under the Freedom of Information Act 5 USC §552 et. seq. 5 Reform Act 

Section 333 (b). 

Submitted under separate cover.