Rivera Air Photography- Section 333 Exemption Petition 

09/05/2015 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave, 

SE Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91.7(a); 91.9(b} (2); 

91.103(b); 91.109; 91.119(a)(b), 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) 

(1); 91.409(a) (2); 91.417(a)&(b); 14 C.F.R. 407(a)(1); 14 C.F.R. 409(a)(2); and 14 

C.F.R. 417(a)&(b) 

Attn: to whom may concern, 

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

"Reform Act") and 14 C.F.R. Part 11, Rivera air photography. the owner and operator of the DJI 

Phantom 2vision pro , quad-copter Unmanned Aircraft System (UAS), seeks an exemption from the 

Federal Aviation Regulations ("FARs") listed below so that Rivera air photography, (Fernando Rivera ) 

can operate our small ultra-light weight UAS commercially in airspace regulated by the Federal Aviation 

Administration ("FAA"). 

(Pilot in Charge [PIC]) and a visual observer (VO) that can perform the functions prescribed in the 

operating manual for all flights under this Exemption, if granted. 

The requested exemption would support an application for a commercial Certificate of Authorization to 

use the system to perform aerial mapping to enhance academic community awareness, augment real 

estate listing videos, filmmaking, golf course, mapping, agricultural mapping, and photogrammetry for 

various industries. 

Use of the DJI Phantom 2 UAS for aerial mapping reduces the need to operate conventional aircraft for 

the same purpose and provides very high quality imagery at a fraction of the dollar cost and danger to 

human life of using conventional aircraft. Note; the VO will not be operating the UAS. 

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By approving these exemptions, the FAA will create benefits through safer survey methods by UAS, 

resulting in decreased potential for loss of life and enhanced efficiency and productivity for the affected 

activities, as well as environmental benefits, which are all ultimately in the public interest. 

Committed to safety with each flight, Rivera Air Photography's, exemption request would permit 

operation of ultra-light weight, unmanned (piloted by remote control) and comparatively inexpensive 

UAS in tightly controlled and limited airspace. Currently, similar lightweight, remote controlled UAS's are 

legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent 

catastrophe. In addition, Douglas Trudeau (Exemption No. 11138) and Slugwear, Inc (Like On A Tree; 

Exemption No. 11157) were granted exemptions for these types of surveys with the DJI Phantom 2. 

Rivera air photography has created and will follow its UAS Flight Protocols and Controls for safe 

operation to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will 

act to further safety protocols exclusive to lightweight UAS's specific video and photography usage as 

Rivera air Photography records flight data and other information gained through permitted flight 

operations to share with the FAA through any required FAA reports to assist with future protocol and 

safety regulation. 

Granting request comports with the Secretary of Transportation's (FAA Administrator's) responsibilities 

and authority to not only integrate UAS's into the national airspace system, but to " ... establish 

requirements for the safe operation Rivera air photography of such aircraft systems [UAS's] in the 

national airspace system" under Section 333(c) of the Reform Act specific to the use of UAS's for real 

estate/Realtor purposes. Further, Rivera Air Photography, will conduct its own operations in compliance 

with the protocols described herein or as otherwise established by the FAA. 

For the reasons stated below,, respectfully request the grant Rivera air photography of an exemption 

allowing Rivera Air Photography to operate ultra-light weight, remote controlled UAS's for community 

awareness, enhance real estate listing videos for homeowners, filmmaking, golf course, mapping, 

agricultural mapping, and photogrammetry for various industries. All of which will promote local 

economic growth through increased employment and increased tax base. Both with public safety in 

mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public 

hazard. 

I Contact Information: 

Fernando Rivera 

2 Esperanza 

Camuy, PR . 00627 

Email: rivera127@gmail.com 

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II The Specific Sections of Title 14 of the Code of Federal Regulations From Which Rivera Air 

photography Requests Exemption are: 

14 CFR part21; 

14 CFR 45 23 (b); 

14 CFR 91, et seq; 

14 CFR 407 (a)(1) 

14 CFR 409 (a) (2); and, 

14 CFR 417 (a) & (b). 

Ill The Extent of relief Rivera Air Photography seeks and the Reason Rivera Air Photography Seeks Such 

Relief: 

Rivera Air Photography submits this application in accordance with the Reform Act, 112 P.l. 95 §§ 331-

334, seeking relief from any currently applicable FARs operating to prevent Rivera Air Photography 

contemplated commercial cinematic, academic and other flight operations within the national airspace 

system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems 

into our national airspace system as it is in the public's interest to do so. Rivera air photography's, ultralight weight UAS meets the definition of "small unmanned aircraft" as defined in Section 331 and 

therefore the integration of Rivera air Photography ultra-light weight UAS is expressly contemplated by 

the Reform Act. 

Rivera Air Photography would like to operate its ultra-light weight UAS prior to the time period by which 

the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct 

experience and valuable information for formal regulation that can be administered uniformly to all 

agriculture, mapping, and real estate related UAS aerial video and photography. The Reform Act guides 

the Secretary in determining the types of UAS's that may operate safely in our national airspace system. 

Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether the UAS 

will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line 

of sight. 112 P.l. 95 § 333 (a). Each of these items reflect in favor of an exemption for Rivera Air 

Photography. 

Rivera Air Photography's UAS utilizes four (4) counter-rotating propellers for balance, control and 

stability. Weighing less than five (5) pounds (far below the maximum 55 pound limit); including camera 

with gimbal. Rivera Air Photography UAS is equipped with a compass, GPS, auto return safety 

technology if communication is lost between the UAS and the controller, Real-Time Fight Data Display, 

and a No Fly Zone software default setting to force the device to abide by International Civil Aviation 

Organization regulations. 

Rivera Air Photography considers safety as foremost with each flight. Rivera Air Photography small UAS 

is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, 

stability and fear of financial 

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loss, Rivera air Photography will not fly in winds exceeding 16 kph (10 mph) nor exceed an indicated 

airspeed of 29 knots (15 m/s).DJI's 11NO Fly Zone": Two classes in this mode limit the OJI Phantom 2's 

ability to fly near restricted airport air space. Class A will not allow the UAS to take off within 1.5 miles of 

the GPS location of an airport. Class B will has incorporated an increasing height limit from 35 feet AGL 

at 1.5 miles from an airport, increasing to 400 feet at 5 miles an airport. The UAS control system will also 

automatically warn the PIC when the UAS has approached within 330 feet of the S-mile buffer zone 

around an airport. This software will also not allow the user to set GPS waypoints within 5 miles of the Smile No Fly Zone around an airport. For further details, visit http:/ /www.dji.com/fly-safe/category-mc 

Built-in safety Real-Time Flight Data includes UAS flight height, horizontal speed, vertical speed, and 

distance from the PIC. 

Built-in safety systems include a GPS mode that allows Rivera Air Photography UAS to hover in place 

when radio controls are released. With three modes to choose from, Rivera Air Photography will utilize 

the Smart Mode for aerial videography/photography. This is the safest, most reliable and stable mode to 

prevent accident and hazard. When PIC communication is lost, Rivera Air Photography UAS is designed 

to slowly descend to point of take-off (Return to Home). Rivera Air Photography will not operate the 

UAS near Airports, Hospitals, nor Police heliports, and will not operate near areas where general public 

is within fifty to one hundred (50-100) yards depending on location, conditions and weather. Rivera Air 

Photography PIC and VO will be on constant alert for any manned aircraft (Police/Medical helicopters, 

etc.) or other UAS, and prepared to land/abort immediately to the nearest and safest ground point 

should a manned aircraft or UAS approach Rivera Air Photography location, or Rivera Air Photography 

suspects manned aircraft or UAS may approach near our location. Rivera Air Photography UAS is capable 

of vertical and horizontal operations, and is only flown within the line of sight of both the PIC and VO. 

Utilizing battery power rather than combustible fuels, flights with Rivera Air Photography UAS generally 

last between five (5) to seven minutes, with an altitude under 400 feet. 

Rivera Air Photography will utilize a fresh fully charged battery with each flight as a safety precaution; 

full flight time limit for each battery is nine (9) to 12 minutes as tested. Rivera Air Photography will not 

operate our UAS at or below manufacturer recommend minimum charge levels for operation; preferring 

to remain well within a safe operating range to insure adequate communication between radio control 

and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with 

each exercise to insure replacement for sufficient safe level of operation . Rivera Air Photography does 

not believe in taking risk that may cause a crash that could create hazard to the 

public/property/manned aircraft, and have no desire to lose an investment. Rivera Air Photography has 

clocked numerous practice flights in remote areas as a hobbyist simulating flights for future commercial 

use to gain familiarization with the characteristics of this specific UAS's performance under different 

temperature and weather conditions. Rivera Air Photography also practices computerized simulated 

flights to maintain adequate skills and response reflex time, for the sake of safety. Rivera Air 

Photography is extremely cautious when operating any UAS and will not 11Create a hazard to users of the 

national airspace system or the public." 112 P.L. 95 § 333 (b). 

Given the small size and weight of Rivera Air Photography's UAS, it falls well within Congress's 

contemplated safety zone when it promulgated the Reform Act and the corresponding directive to 

integrate UAS's into the 

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national airspace system. Rivera air photography UAS, used in hobby flight, has a demonstrable safety 

record and does not pose any threat to the general public or national security. 

IV. How Rivera air photography Request Will Benefit the Public As A Whole: 

Aerial videography for geographical awareness in real estate, filmmaking, golf course, mapping, 

agricultural mapping, and photogrammetry for various industries has been around for a long time 

through manned fixed wing aircraft and helicopters. For small budget companies, farms and average 

homeowners, the expense of manned aerial videography is cost prohibitive. Only large companies can 

afford to absorb such expense, this depriving the remainder of the public from a valuable marketing a 

and mapping tool. 

V. Reasons Why Rivera Air Photogra's Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

Rivera Air Photography's exemption will not adversely affect safety. Quite the contrary, for the reasons 

stated, permitting Rivera Air Photography's to log more flight time in FAA controlled airspace, with 

communication with the FAA, will allow us to contribute to the innovation and implementation of new 

and novel techniques for realtors, filmmaking, golf courses, agricultural mapping, and photogrammetry 

for various industries as well as continuing to educate the public through publishing articles. In addition, 

Rivera Air Photography submits the following representations of enhancements to current aerial 

videography and photography for real estate, filmmaking, golf courses, agricultural mapping, and 

photogrammetry for various industries: 

Rivera Air Photography's UAS weighs less than 5 pounds complete with a small ultra-light weight high 

quality camera; Rivera Air Photography will only operate this UAS below 400 feet, as recommended by 

the FAA Modernization and Reform Act of 2012; Rivera Air Photography's UAS will only operate for 10 

minutes per flight; Rivera Air Photography will land this UAS prior to manufacturer recommended 

minimum level of battery power, 30% battery power remaining. Also, Rivera Air Photography UAS has an 

automated function which results in immediate landing when a low battery is detected; Rivera Air 

Photography will pilot this UAS through remote control by line of sight; Rivera Air Photography UAS has 

GPS-controlled autopilot system to maintain UAS stability and control, Rivera Air Photography UAS has 

an Auto Return-to-Home & Landing function to increase safe return of the UAS to the ground, A preprogrammed flight safety feature whereby Rivera Air Photography UAS automatically hovers and then 

slowly lands if communication with the remote control pilot is lost; Rivera Air Photography will actively 

analyze flight data and other sources of information to constant update and enhance safety protocols; 

Rivera Air Photography will only operates in reasonably safe environments that are strictly controlled 

and are away from: power lines, elevated lights, airports and actively populated areas; Rivera Air 

Photography will conduct extensive pre-flight inspections and protocol review, during which safety 

carries primary importance; Any maintenance or alterations of Rivera Air Photography's UAS that could 

affect operation or flight characteristics will require a functional test flight before returning to work; 

Rivera Air Photography will have procedures in place to abort flights in the event of safety breaches or 

potential danger. 

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In recognition of the FAA's Exemption No. 11062, and specifically Exemption No. 11138 for the same 

UAS model (DJI Phantom 2); prior to conducting operations for the purpose of aerial 

photography/videography, Rivera Air Photography's PIC will have accumulated 25 hours of total time as 

a UAS rotorcraft pilot including at least 10 hours as a UAS pilot with a multi-rotor UAS. Prior to 

operations, Rivera Air Photography pic must also have accumulated a minimum of 5 hours as a UAS pilot 

operation the DJI Phantom 2. In addition to the hour requirements, the PIC must accomplish 3 take-offs 

and landings in the preceding 90 days (for currency purposes). Rivera Air Photography, safety protocols 

provide a level of safety equal to or exceeding existing rules. It is important to note that absent the 

integration of commercial UAS into our national airspace system, helicopters are the primary means of 

aerial video and photography for community awareness and real estate. While the safety record of such 

helicopters is astounding, there has been local incidents involving loss of life as well as extensive 

property damage; it is far safer to operate a battery powered ultra-light weight UAS. 

First, the potential loss of life is diminished because UAS's carry no people on board and Rivera Air 

Photography will only operate its UAS in specific areas away from mass populations. 

Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly 

diminished. 

Third, the small size and extreme maneuverability of Rivera Air Photography UAS allow the PIC to 

remotely pilot away from and avoid hazards quickly and safely . lastly, given its small size and weight, 

even when close enough to capture amazing images, Rivera Air Photography's UAS need not be so close 

to the objects they are focused on through the technology and use of post editing software allowing pan 

and zoom. Accordingly, Rivera Air Photography UAS has been experimentally operated for 

familiarization/competency and will continue to operate at and above current safety levels. 

Furthermore, Rivera Air Photography PIC has accumulated 25 hours of total time as a UAS multi-rotor 

pilot. Rivera Air Photography PIC has also accumulated more than 5 hours as a UAS pilot operation the 

DJI Phantom 2. 

VI A Summary The FAA May Publish in the Federal Register: 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The like.14 C.F.R. Part 21, 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR§ 91.203(a){1). The size, weight and enclosed operational 

area of Rivera Air Photography UAS permits exemption from Part 21 because Rivera Air Photography's 

UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The 

FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act 

(49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. Rivera Air 

Photography's current UAS meets or exceeds each of the elements. 

14 C.F.R. 91.7{a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

However, Rivera Air Photography PIC will still ensure that the UAS is in an airworthy condition based on 

compliance with the operating documents prior to every flight. 

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14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or 

passengers, and given the size of the UAS, this Regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a safety/flight manual delineating areas where safety can be defined 

. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607,8737,8738,9299, 

9299A, 9565, 9565B, 10167, 10167A,10602, 10700 and 32827. However, Rivera Air Photography's UAS 

operations manual will be kept in a location accessible by Rivera Air Photography's PIC. 

14 C.F.R. § 91.103 regarding preflight action. Rivera Air Photography will take certain actions before 

flight to ensure safety of the flight. These will include reviewing weather, flight battery requirements, 

landings, and takeoff distances and aircraft performance data before initiation of the flight. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Rivera Air Photography UAS 

utilizes electronic GPS with a barometric sensor. According to the manufacturer of Rivera Air 

Photography's UAS, the GPS sensor is accurate to 2.6 feet Vertical and 8.2 feet HorizontaL These 

accuracies are adequate for Rivera Air Photography to safely operate the UAS for its exempted 

purposes. 

14 C.F.R. § 91.203 (a} and (b) provides for the carrying of civil aircraft certifications and registrations. 

They are inapplicable for the same reasons described above. The equivalent level of safety will be 

achieved by maintaining any such required certifications and registrations by Rivera Air Photography in a 

location accessible by Rivera Air Photography's PIC. 

B. 14 C.F.R. § 45.23: Marking of The Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. 

Rivera Air Photography's UAS, by definition, is unmanned. Therefore the UAS does not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult 

to place on such small aircraft with dimensions smaller that minimal lettering requirement. The FAA has 

previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 

10700.C. 14 C.F.R. 91.119: Minimum Safe Altitudes. 

14 C.F.R. § 91.119(a) and {b) prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. Rivera Air Photography's UAS will 

never operate at an altitude greater than 400 AGL; safely within the standard 400 AGL as recommended 

by the FAA Modernization and Reform Act of 2012. Rivera Air Photography will however operate its UAS 

in safe areas away from areas depicted in "yellow'' on VFR charts, providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes. Rivera Air Photography will conduct 

all operations under Rivera Air Photography's Protocols and Controls, including posting a warning sign 

reading: "Attention Aerial Photography in Progress- Remain Back 150 Feet". Rivera Air Photography will 

operate its UAS in accordance with Exemption No. 11109, which may require the UAS be operated 

closer than 500 feet to essential persons. Non-participating persons must remain at appropriate 

distances (500 feet) from the UAS, and if they need to be closer than 500 feet, non-participating persons 

will remain behind barriers or structures that can 

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sufficiently protect them from the UAS debris in the event of an accident. Given the size, weight, 

maneuverability and speed of Rivera Air Photography's UAS, an equivalent or higher level of safety will 

be achieved 

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

The above-cited Regulations require, amongst other things, aircraft owners and operators to "have [the] 

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 .... " 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply 

to Rivera Air Photography's UAS. However, as a safety precaution Rivera Air Photography PIC and VO will 

inspect Rivera Air Photography's UAS before and after each flight. 

A Summary the FAA May Publish in the Federal Register: 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart 

H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR§ 91.203(a)(1}.The size, weight and enclosed operational 

area of Rivera Air Photography's UAS permits exemption from Part 21 because Rivera Air Photography's 

UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is 

authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 

U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. Rivera Air 

Photography's UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of 

an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form 

contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft 

flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this 

Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The 

FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737,8738,9299, 

9299A, 9565, 95656, 10167, maintenance program that involves regular software updates and curative 

measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. 

In summary, Rivera Air Photography seeks an exemption from the following 

Regulations: 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 

C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119 (a)(b); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 

14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 

14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate Rivera Air 

Photography's small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness, 

real estate operations, filmmaking, golf course mapping, agricultural mapping, and photogrammetry for 

various industries and to develop economic platforms for real estate and golf courses. Currently, area 

awareness, filmmaking, real estate aerial videography/photography, golf course mapping, agricultural 

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mapping, and photogrammetry for various industries relies primarily on the use of larger aircraft 

running on combustible fuel, posing potential risk to the public. Granting Rivera Air Photography's 

request for exemption will reduce current risk levels and thereby enhance safety. Rivera Air 

Photography's UAS craft does not contain potentially explosive fuel, is smaller, lighter and more 

maneuverable than conventional real estate video and photographic aircraft with much less flight time. 

Further, Rivera Air Photography will operate at lower altitudes and in controlled airspace eliminating 

potential public risk flying to and from established air fields. Rivera Air Photography has been informally 

analyzing flight information and will compile safety protocols and the implementation of a flight 

operations manual for real estate usage that exceeds currently accepted means and methods for safe 

flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to 

establish protocols for complying with the FAA Modernization and Reform Act of 2012. 

There are no personnel on board Rivera Air Photography's UAS and therefore the likelihood of death or 

serious bodily injury is significantly diminished. Rivera Air Photography's operation of its UAS, weighing 

less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of 

safety as that achieved under current FARs. Accordingly, Rivera Air Photography respectfully request 

that the FAA grant Rivera Air Photography's exemption request and Rivera Air Photography is willing to 

cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at 

large. 

Respectfully submitted 

Fernando Rivera 

Rivera Air Photography 

2 Esperanza 

Camuy, PR . 00627 

Email: rivera127@gmail.com 

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