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June 23 , 2015 United States Department of Transportation Docket Management System 1200 New Jersey Ave., SE West Bu ilding Ground Floor Room W12

- 140 Washington, DC 20590
**RE: Guillermo Agustin Arce’s Petition for Exemption to Operate Unmanned Aircraft Syst**  **ems for Aerial Cinematography, Mapping, Surveying, Structural**  **Inspections, and Real Estate Sales.** Dear Sir or Madam, I, Guillermo Agustin Arce , am writing pursuant Section 333 of the FAA Modernization and Reform Act of 2 012 (FMRA) , to request that I, Guil lermo Agustin Arce , owner and operator of a small

- unmanned aircraft, be exempted from the Fede ral Aviation Regulations ( “ FARs ” ) listed below . S o that I, Guillermo Agustin Arce , may operate my small ultra

- lightweight unmanned aircraft system (“UAS”) commerc ially in airspace regulated by the Federal Aviation Administration (“FAA”) within the United States

. The requested exemption would permit the operation of a “ DJI Phantom 3 Professional ” UAS f

or aerial cinematography, mapping, surveying, structural inspecti ons, and real estate sales. I, Guillermo Agustin Ar ce; am currently rated for single

- engine land fixed wing aircraft with a Commercial an d Instrument License and well trained in flight, operations, and safety procedures with 7 years of professional videography experience. The UAS is far safer to fly because it does not run on com bustible fuel or require a person on - board , which enhances safety and diminishes the likelihood of de ath or serious bodily injury. The data collection from my UAS is obtained in a m uch safer manner and reduces airsp ace congestion benefiting the public as a whole . Also, the UAV offers immediate information at an economical cost as opposed to the costly rental of fossil fuel burning aircraft

. M aking the use of a UAS an economic advantage to all parties concerned. Further more, I will share when requested, any flight data with the FAA to enhance fight and airspace safety. Granting this request will do nothing but allow what thousands of hobbyist and manufactures of model aircraft do eve ry day and I, Guillermo Agustin Arce, will abide by much stricter safety measurements set by2

FAA policies and regulations. As well as incorporate checklist from the manufacture of the UAS and custom preflight checklist in order to maintain maxim um level of safety. I, Guillermo Agustin Arce, will conduct my operations in com pliance with the protocols described herein or as other wise established by the FAA. The UAS in use , DJI Phantom 3 Professional, has GPS and Vision Positioning System equipm ent with fail

- safe features that will allow the aircraft to return to the launch point and land automatically in the event the command and control signal is lost or the battery has reached a pre

- determined threshold. M inim um crew will consist of; PIC with live video fee d from the UAS displayed through a mo bile device , using the DJI Pilot app connected to remote controller and a Visual O bserver (VO) to provide additional situational awareness during all flight operations. Flight operations will be conducted with constant two
- way communication while maintain visual line of sight of the UAS by both PIC and VO

. The DJI Pilot app provides the PIC, altitude and horizontal displacement , horizontal and vertical speed , GPS signal strength, system status, battery level and map of c urrent flight path. This flight telemetry allows the UAS to operate within the National Airspace System (NAS) without creating hazards to the user, the public or a threat to national security. **I, Guillermo Agustin Arce, request relief from the following r egulations:**  Section 45.23(b) prescribes, in pertinent part, that when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certific ated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor mo re than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “p rovisional,” as applicable. Section 61.113(a) and (b) prescribes that

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. (a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for com pensation or hire; nor may that pers on, for compensation or hire, act as pilot in command of an aircraft.

. (b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or em ploym ent if: (1) The flight is only incidental to that business or3 em ploym ent; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworthy condition. Section 91.9 (b)(2) prohibits operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Section 91.109 p rescribes, in pertinent part, that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. Section 91.119 prescribes that, except when necess ary for takeoff or landing, no person may operate an aircraft below the following altitudes:

. (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

. (d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

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. (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operati ng the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

. (2) A powered parachute or weight

- shift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section. Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation4

of the departure airport or an appropriate altimeter setting available before departure.” Section 91.151(a) prescribes that no person may begin 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 fo r at least 45 minutes. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided in paragrap h (c) of the sam e section, have discrepancies repaired as prescribed in part 43 of the chapter. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar mont hs, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. Section 91.417(a) and (b) prescribes, in pertinent part, that

— (a) Each registered owner or operator shall keep the following record s for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each air craft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and

\ (ii) The date of completion of the work performed; and5

(iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe,each engine,each propeller,an deach rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii)The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv)The current inspection status of the aircraft, including the time since the last 4 inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directiv es (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of t

he forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) T he records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained an d transferred with the aircraft at the time the aircraft is sold.6

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to s ervice.

**Contact Information:** Guillermo Agustin Arce 243 South Park Drive Suite 2 F Woodbridge , N ew J ersey, 07096 **The following documents are attached and pro vided to support this petition;** 

 DJI Phantom 3 Professional User Manual v1.2  Guillermo Agustin Arce’s Preflight Checklist **Preflight Check**

**list**

 Plan and establish a flight route and ensure area is clear of obstacles and permission granted to fly by landowner if flying over private area.  Weather conditions are suitable for VFR flight and wind is 15 mph or le ss .  Remote controller and Intelligent Flight Battery fully charged

.  Inspect for crac ks, damage, and loose hardware.
 Check to make sure propellers are secure and free from dirt, cracks and chips.  Install Micro

- SD card for data record ing

.  Verify all switch p os itions on the RC transmitters are in neutral position.  Turn on radio control tr ansmitters and connected mobile device
 Install main battery and turn on DJI Phantom 3 Professional  Calibrate Compass and Gimbal
 Check the DJI Fli ght Controller LED indicator (Solid Green) to ensure it is connected to the UAS

.  Check the DJI Phantom 3 Pro fessional LED indicators (Slow Green Flashes ) and “Safe

- to
- F ly ” notification on DJI Pilot app.  Announce your intention to take off by announcing “Take Off”.7

**SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER** Petitioner: Guillermo Agustin Arce Sections of 14 C.F.R Affected: § 45.23(a) and (b); §§ 61.113(a) and (b); § 91.7(a); § 91.119(c); § 91.121; § 91.151(a); § 91.405(a); § 91.407(a)(1); §§ 91.409(a) (1) and (2); §§ 91.417(a) and (b) Description of Relief Sought: Guillermo Agustin Arce seeks relief from the requirements of 14 C.F.R. § 45.23(a) and (b); 14 C.F.R §§ 61.113(a) and (b); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C .F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); 14 C.F.R. §§ 91.417(a) and (b) to operate small unmanned aircraft systems (UAS) for the purpose of aerial cinematography, mapping, surveying, structural inspections, and real estate sales. Respectfully Submitted , Guillermo Agustin Arce