1

June 23, 2015

United States Department of Transportation Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590 

RE: Guillermo Agustin Arce’s Petition for Exemption to Operate Unmanned 

Aircraft Systems 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 2012 (FMRA), to request that I, Guillermo 

Agustin Arce, owner and operator of a small-unmanned aircraft, be exempted from 

the Federal Aviation Regulations (“FARs”) listed below. So that I, Guillermo 

Agustin Arce, may operate my small ultra-lightweight unmanned aircraft system 

(“UAS”) commercially 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 for aerial 

cinematography, mapping, surveying, structural inspections, and real estate sales.

I, Guillermo Agustin Arce; am currently rated for single-engine land fixed 

wing aircraft with a Commercial and 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 combustible fuel 

or require a person on-board, which enhances safety and diminishes the likelihood 

of death or serious bodily injury. The data collection from my UAS is obtained in a 

much safer manner and reduces airspace 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. Making 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 every day and I, 

Guillermo Agustin Arce, will abide by much stricter safety measurements set by
2

FAA policies and regulations. As well as incorporate checklist from the 

manufacture of the UAS and custom preflight checklist in order to maintain 

maximum level of safety. I, Guillermo Agustin Arce, will conduct my operations 

in compliance with the protocols described herein or as otherwise established by 

the FAA. 

The UAS in use, DJI Phantom 3 Professional, has GPS and Vision 

Positioning System equipment 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. 

Minimum crew will consist of; PIC with live video feed from the UAS displayed 

through a mobile device, using the DJI Pilot app connected to remote controller 

and a Visual Observer (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 current 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 regulations:

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 

certificated 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 

more than 6 inches high, the words “limited,” “restricted,” “light- sport,” 

“experimental,” or “provisional,” as applicable. 

Section 61.113(a) and (b) prescribes that—

. (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 

compensation or hire; nor may that person, 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 

employment if: (1) The flight is only incidental to that business or 
3

employment; 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 prescribes, 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 necessary 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—

. (1) A helicopter may be operated at less than the minimums 

prescribed in paragraph (b) or (c) of this section, provided each person 

operating 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 elevation 
4

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 for 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 paragraph (c) of the 

same 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 months, 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 records 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 aircraft (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; and 
5

(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 directives (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 the 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) The 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 

and 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 service. 

Contact Information: 

Guillermo Agustin Arce

243 South Park Drive Suite 2 F

Woodbridge, New Jersey, 07096

The following documents are attached and provided to support this petition;

 DJI Phantom 3 Professional User Manual v1.2

 Guillermo Agustin Arce’s Preflight Checklist

Preflight Checklist

 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 less.

 Remote controller and Intelligent Flight Battery fully charged.

 Inspect for cracks, damage, and loose hardware.

 Check to make sure propellers are secure and free from dirt, cracks and 

chips.

 Install Micro-SD card for data recording.

 Verify all switch positions on the RC transmitters are in neutral position.

 Turn on radio control transmitters and connected mobile device

 Install main battery and turn on DJI Phantom 3 Professional 

 Calibrate Compass and Gimbal 

 Check the DJI Flight Controller LED indicator (Solid Green) to ensure it is 

connected to the UAS.

 Check the DJI Phantom 3 Professional LED indicators (Slow Green Flashes)

and “Safe-to-Fly” 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