# RiveraAir Photography- Section 333 Exemption Petition
09/05/2015

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave, SE Washington, DC 20590

Re: Exemption Request Section 333 ofthe FAA Reform Act ofthe Federal Aviation Regulations from 14C.F.R. Part 21; 14 C.F.R. 45.23(b); 14C.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); 14C.F.R. 407(a)(1); 14C.F.R. 409(a)(2); and 14 C.F.R. 417(a)&(b) Attn: to whom may concern, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Rivera air photography. the owner and operatorofthe DJI Phantom 2vision pro , quad-copter Unmanned Aircraft System (UAS), seeks an exemption from the Federal Aviation Regulations ("FARs") listed belowso that Rivera air photography, (Fernando Rivera )

can operate oursmall ultra-lightweight UAS commercially in airspace regulated bythe Federal Aviation Administration ("FAA").

(Pilot in Charge [PIC]) and avisual observer (VO) that can perform the functions prescribed in the operating manual for all flights underthis Exemption, ifgranted. The requested exemption would support an application fora commercial Certificate ofAuthorization to
use the system to perform aerial mapping to enhance academic community awareness, augment real estate listingvideos, filmmaking, golfcourse, mapping, agricultural mapping, and photogrammetryfor various industries. Use ofthe DJI Phantom 2 UAS for aerial mapping reduces the need to operate conventional aircraftfor the same purpose and provides very high quality imagery at a fraction ofthe dollar cost and dangerto human life of using conventional aircraft. Note; the VO will not be operating the UAS.



### 1By approvingthese exemptions, the FAA will create benefits through safersurvey methods by UAS, resulting in decreased potential for loss of life and enhanced efficiency and productivityforthe affected activities, as well as environmental benefits, which are all ultimately in the public interest. Committed to safetywith each flight, Rivera Air Photography's, exemption request would permit operation ofultra-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 forthese types ofsurveys with the DJI Phantom 2. Rivera air photography has created and willfollow its UAS Flight Protocols and Controlsfor 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 specificvideo and photography usage as Rivera air Photography recordsflight data and otherinformation gained through permitted flight operations to share with the FAA through any required FAA reportsto assist with future protocol and safety regulation. Granting request comports with the Secretary ofTransportation's (FAA Administrator's) responsibilities and authorityto not only integrate UAS's into the national airspace system, butto "

...establish requirementsforthe safe operation Rivera air photography ofsuch aircraft systems [UAS's] in the national airspace system" under Section 333(c) ofthe 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 oras otherwise established bythe FAA. For the reasons stated below,, respectfully request the grant Rivera air photography ofan exemption allowing Rivera Air Photography to operate ultra-lightweight, remote controlled UAS's for community awareness, enhance real estate listingvideos for homeowners, filmmaking, golfcourse, mapping, agricultural mapping, and photogrammetryforvarious industries. All ofwhich 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 thatthat 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 ofTitle 14ofthe Code of Federal Regulations From Which Rivera Air photography Requests Exemption are: 14CFR part21; 14CFR 45 23 (b); 14CFR 91, et seq; 14CFR 407 (a)(1) 14 CFR 409 (a) (2); and, 14CFR 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 relieffrom any currently applicable FARs operatingto prevent Rivera Air Photography contemplated commercial cinematic, academic and otherflight operations withinthe national airspace system. The Reform Act in Section 332 provides for such integration ofcivil unmanned aircraft systems into our national airspace system as it is in the public's interestto do so. Rivera air photography's, ultralightweight UAS meetsthe definition of "small unmanned aircraft" as defined in Section 331 and thereforethe integration of Rivera air Photography ultra-light weight UAS is expressly contemplated by the Reform Act. Rivera Air Photographywould like to operate its ultra-light weight UAS priortothe time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information forformal regulation that can be administered uniformlyto all agriculture, mapping, and real estate related UAS aerial video and photography.The Reform Act guides the Secretary in determiningthe types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities ofthe UAS's; Whetherthe UAS will be operated nearairports or heavily populated areas; and, Whetherthe UAS will be operated by line ofsight. 112 P.l. 95 

### § 333 (a). Each ofthese items reflect in favor ofan exemption for Rivera Air Photography. Rivera Air Photography's UAS utilizesfour (4) counter-rotating propellers for balance, control and stability. Weighing less than five (5) pounds (far belowthe maximum 55 pound limit); including camera with gimbal. Rivera Air Photography UAS is equipped with a compass, GPS, auto return safety technology ifcommunication is lost between the UAS and the controller, Real-Time Fight Data Display, and a No Fly Zone software default settingto force the device to abide by International Civil Aviation Organization regulations. Rivera Air Photography considers safety as foremostwith 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 offinancial



### 3loss, Rivera air Photography will notfly in winds exceeding 16 kph (10 mph) norexceed an indicated airspeed of29 knots (15 m/s).DJI's 11NO Fly Zone": Two classes in this mode limitthe OJI Phantom 2's abilityto fly near restricted airport airspace. Class A will not allowthe UAS totake offwithin 1.5 miles of the GPS location ofan airport. Class Bwill has incorporated an increasing height limitfrom 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 330feet ofthe S-mile bufferzone around an airport. This software will also not allowthe userto set GPS waypoints within 5 miles ofthe SmileNo Fly Zone around an airport. For furtherdetails,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 isthe safest, most reliable and stable modeto prevent accident and hazard. When PIC communication is lost, Rivera Air Photography UAS is designed to slowly descend to point oftake-off(Return to Home). Rivera Air Photography will not operate the UAS nearAirports, Hospitals, nor Police heliports, and will notoperate 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 alertfor any manned aircraft (Police/Medical helicopters, etc.) orother UAS, and prepared to land/abort immediatelyto 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 ofvertical and horizontal operations, and is onlyflown within the line ofsight of both the PIC and VO. Utilizing battery power ratherthan combustible fuels, flights with Rivera Air Photography UAS generally last between five (5) to seven minutes, with an altitude under400feet. Rivera Air Photographywill utilize afresh fully charged batterywith each flight as a safety precaution; full flight time limit foreach 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 ofcontrol or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level ofoperation

. Rivera Air Photography does not believe in taking risk that may cause a crash that could create hazard tothe 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 forfuture commercial
use to gain familiarization with the characteristics ofthis specific UAS's performance underdifferent temperature and weather conditions. Rivera Air Photography also practices computerized simulated flights to maintain adequate skills and response reflextime, forthe sake ofsafety. Rivera Air Photography is extremely cautious when operating any UAS and will not 11Create a hazard to users ofthe national airspace system orthe public." 112 P.L. 95 

### § 333 (b). Given the small size and weight of Rivera Air Photography's UAS, itfalls well within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directiveto integrate UAS's into the



### 4national airspace system. Rivera air photography UAS, used in hobbyflight, has a demonstrable safety record and does not pose anythreattothe general public or national security. IV. How Rivera air photography Request Will Benefitthe PublicAsA Whole: Aerial videography forgeographical awareness in real estate, filmmaking, golfcourse, mapping, agricultural mapping, and photogrammetryforvarious industries has been around for a longtime 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 deprivingthe remainder ofthe public from avaluable marketing a and mapping tool. V. Reasons Why Rivera Air Photogra's Exemption Will NotAdversely Affect Safety Or HowThe Exemption Will Provide a Level ofSafety At Least Equal To Existing Rule: Rivera Air Photography's exemption will not adversely affect safety. Quite the contrary, forthe 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, golfcourses, agricultural mapping, and photogrammetry forvarious industries as well as continuing to educate the public through publishing articles. In addition, Rivera Air Photography submits the following representations ofenhancementsto current aerial videography and photographyfor real estate, filmmaking, golfcourses, agricultural mapping, and photogrammetryforvarious industries: Rivera Air Photography's UAS weighs less than 5 pounds complete with a small ultra-light weight high quality camera; Rivera Air Photographywill only operatethis UAS below400feet, as recommended by the FAA Modernization and Reform Act of2012; Rivera Air Photography's UAS will only operate for 10 minutes perflight; Rivera Air Photography will land this UAS priorto manufacturer recommended minimum level ofbattery 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 pilotthis UAS through remote control by line ofsight; 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 ofthe UAS tothe ground, A preprogrammed flight safety feature whereby Rivera Air Photography UAS automatically hovers and then slowly lands ifcommunication with the remote control pilot is lost; Rivera Air Photography will actively analyze flight data and othersources ofinformation to constant update and enhance safety protocols; Rivera Air Photography will only operates in reasonably safe environmentsthat 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, duringwhich safety carries primary importance; Any maintenance or alterations of Rivera Air Photography's UAS that could affect operation orflight characteristics will require a functional testflight before returningto work; Rivera Air Photography will have procedures in place to abortflights in the event ofsafety breaches or potential danger.

5In recognition ofthe FAA's Exemption No. 11062, and specifically Exemption No. 11138forthe same UAS model (DJI Phantom 2); priorto conducting operations forthe purpose ofaerial photography/videography, Rivera Air Photography's PIC will have accumulated 25 hours oftotal time as
a UAS rotorcraft pilot including at least 10 hours as a UAS pilotwith a multi-rotor UAS. Priorto operations, Rivera Air Photography pic mustalso have accumulated a minimum of5 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 (forcurrency purposes). Rivera Air Photography, safety protocols provide a level ofsafety equal to orexceeding existing rules. It is importantto note that absent the integration ofcommercial UAS into our national airspace system, helicopters are the primary means of aerial video and photographyforcommunity awareness and real estate. While the safety record ofsuch 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 nofuel on board a UAS and thusthe potential forfire or explosions is greatly diminished. Third, the small size and extreme maneuverability of Rivera Air Photography UAS allowthe PIC to remotely pilot awayfrom 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 atand above current safety levels. Furthermore, Rivera Air Photography PIC has accumulated 25 hours oftotal time as a UAS multi-rotor pilot. Rivera Air Photography PIC has also accumulated morethan 5 hours as a UAS pilot operation the DJI Phantom 2. 

### VI ASummary The FAA May Publish in the Federal Register: A. 14C.F.R. 21 and 14C.F.R. 91: Airworthiness Certificates, Manuals and The like.14 C.F.R. Part 21, Subpart H, entitled Airworthiness Certificates, sets forth requirementsfor 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 ofsafety pursuant to Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 

### (f)) and Section 333 ofthe Reform Act. Both pieces of legislation permitthe FAA to exempt UAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. Rivera Air Photography's current UAS meets orexceeds each ofthe elements. 14C.F.R. 91.7{a) prohibitsthe operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in theform contemplated bythe FARs, this Regulation is inapplicable. However, Rivera Air Photography PIC will still ensure thatthe UAS is in an airworthy condition based on compliance with the operating documents priorto everyflight.



### 614C.F.R. 

### § 91.9 (b) (2) requires an aircraftflight manual in the aircraft. As there are no on board pilots or passengers, and given the size ofthe UAS, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining a safety/flight manual delineating areas where safety can be defined

.The FAA has previously issued exemptionstothis regulation in Exemption Nos. 8607,8737,8738,9299, 9299A, 9565, 9565B, 10167, 10167A,10602, 10700and 32827. However, Rivera Air Photography's UAS operations manual will be kept in a location accessible by Rivera Air Photography's PIC. 14C.F.R. 

### § 91.103 regarding preflight action. Rivera Air Photography will take certain actions before flight to ensure safety ofthe flight. These will include reviewing weather, flight battery requirements, landings, and takeoffdistances and aircraft performance data before initiation ofthe flight. 14 C.F.R. 

### § 91.121 regarding altimetersettings is inapplicable insofaras 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 feetVertical and 8.2 feet HorizontaL These accuracies are adequate for Rivera Air Photographyto safely operate the UAS for its exempted purposes. 14 C.F.R. 

### § 91.203 (a} and (b) providesfor the carrying ofcivil aircraft certifications and registrations. They are inapplicable forthe same reasons described above. The equivalent level ofsafety 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. 14C.F.R. 

### § 45.23: Marking ofThe Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked accordingto certain specifications. Rivera Air Photography's UAS, by definition, is unmanned. Therefore the UAS does not have a cabin, cockpit or pilotstation on which to markcertain words or phrases. Further, two-inch lettering is difficult to place on such small aircraft with dimensions smallerthat minimal lettering requirement. The FAA has previously issued exemptions tothis regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.C. 14C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. 

### § 91.119(a) and {b) prescribes safe altitudesforthe operation ofcivil aircraft. Itallows helicoptersto be operated at loweraltitudes in certain conditions. Rivera Air Photography's UAS will
neveroperate atan altitude greaterthan 400 AGL; safely within the standard 400AGL as recommended bythe FAA Modernization and Reform Act of2012. Rivera Air Photography will howeveroperate its UAS in safe areas awayfrom areas depicted in "yellow'' on VFR charts, providing a level ofsafety at least equivalentto or belowthose in relation to minimum safe altitudes. Rivera Air Photographywill 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 Photographywill operate its UAS in accordance with Exemption No. 11109, which may require the UAS be operated closer than 500 feetto essential persons. Non-participating persons must remain at appropriate distances (500feet) from the UAS, and ifthey need to be closer than 500 feet, non-participating persons will remain behind barriers orstructuresthat can



### 7sufficiently protectthem from the UAS debris inthe event ofan accident. Given the size, weight, maneuverability and speed of Rivera Air Photography's UAS, an equivalent or higher level ofsafety will be achieved D. 14C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### & (b): Maintenance Inspections. The above-cited Regulations require, amongst otherthings, aircraft owners and operatorsto "have [the] aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except
as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

.... " These Regulations only applyto 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 aftereach flight. 

### A Summarythe FAA May Publish inthe Federal Register: A. 14C.F.R. 21 and 14C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14C.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 ofsafety pursuantto Section 333 ofthe 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 ofthe Reform Act. Both pieces of legislation permitthe FAA to exempt UAS's from the airworthiness certificate requirement in consideration oftheweight, size, speed, maneuverability and proximityto areas such as airports and dense populations. Rivera Air Photography's UAS meets or exceeds each ofthe elements. 14 C.F.R. 91.7(a) prohibitsthe operation of

an aircraftwithout an airworthinesscertificate. As no such certificate will be applicable in the form contemplated bythe FARs, this Regulation is inapplicable. 14C.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 ofthe UAS's, this Regulation is inapplicable. An equivalent level ofsafety will be achieved by maintaining a manual.The FAA has previously issued exemptionstothis 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 ofsafety will be achieved. 

### In summary, Rivera Air Photography seeks an exemptionfromthefollowing Regulations: 14C.F.R. 21, subpart H; 14C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14C.F.R. § 91.109; 14C.F.R. § 91.119 (a)(b); 14C.F.R. § 91.121; 14C.F.R. § 91.151(a); 14C.F.R. §§ 91.203(a) and (b); 14C.F.R. § 91.405 (a); 14C.F.R. § 91.407 (a)(1); 14C.F.R. § 91.409 (a)(2); 14C.F.R. § 91.409 (a ) (2); and, 14C.F.R. §§ 91.417 (a) 

### & (b) to commercially operate Rivera Air Photography's small unmanned vehicle/lightweight unmanned aircraftvehicle in community awareness, real estate operations, filmmaking, golfcourse mapping, agricultural mapping, and photogrammetryfor various industries and to develop economic platformsfor real estate and golfcourses. Currently, area awareness, filmmaking, real estate aerial videography/photography, golfcourse mapping, agricultural



### 8mapping, and photogrammetryforvarious industries relies primarily on the use of larger aircraft running on combustible fuel, posing potential risk tothe public. Granting Rivera Air Photography's request forexemption will reduce current risk levels and thereby enhance safety. Rivera Air Photography's UAS craft does notcontain potentiallyexplosive 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 loweraltitudes and in controlled airspace eliminating potential public risk flying to and from established airfields. Rivera Air Photography has been informally analyzing flight information and will compile safety protocols and the implementation ofaflight operations manual for real estate usage that exceeds currently accepted means and methodsfor safe flight. Formal collection ofinformation shared with the FAA will enhance the FAA's internal effortsto establish protocols for complying with the FAA Modernization and Reform Act of2012. There are no personnel on board Rivera Air Photography's UAS and therefore the likelihood ofdeath or serious bodily injury is significantly diminished. Rivera Air Photography's operation ofits UAS, weighing less than 5 pounds and travelling at lowerspeeds within limited areas will provide an equivalent level of safety as that achieved under current FARs. Accordingly, Rivera Air Photography respectfully request thatthe FAA grant Rivera Air Photography's exemption request and Rivera Air Photography is willing to cooperate in sharing information to benefitthe FAA, safety ofmanned 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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