Luis Fernando Hernandez

17926 SW 10 th Lane Pembroke Pines, FL 33029 954

- 629

- 7407 lfh_150@hotmail.com

March 02 , 2016
Docket Management Facility US Department of Transportation 1200 New Jersey Avenue, SE , West Building Ground Floor Room W12

- 140 Washington, DC 20590

Re: Request an Ex emption from the requirements for Title 14 of the code of Federal Regulations Sections: 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2) and 91.41 7(a)&(b) in pursuant to Section 333 of The FAA Modernization and Reform Act of 2012.

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), I, Luis Fernando Hernandez, would like to respectfully request an exemptio n from 14 CFR 91.7(a), 91.119(c), 91. 1 21, 91.151(a)(I), 91.405(a), 91.407(a)(1) and (a) (2) , 91.409(a)(1) and (a) (2) and 91.417(a) and (b) , to operate an Unmanned Aircraft System (UAS) for the commercial purpo se of conducting residential/commercial real estate, civil landscapes, events and aer ial video/photography of construction sites.

I am seeking an exemption to operate the DJI Phantom 3 Professional UAS for compensation or hire within the National Airspace System (NAS). The requested exemptio n would permit the petitioner in pursuing com mercial interest s and providing services to clients utilizing an advanced small UAS , the DJI Phantom 3 Professional.

The DJI Phantom 3 is equipped with a 4K camera attached to a gimbal for a smooth capture of data. There are four main rotors making the Phantom 3 avertical ta keoff and land system

. The UAS utilizes a Ground Control Station (GCS)

along with smart phone or tablet technology that displays pertinent flight information and Live Video Downlink to maintain a high lev el of safety and domain awareness. The UAS weighs approximately 2.8lbs with a maximum speed of 16.4 fps. It is driven by an Intelligent Flight Lithium Polymer battery that last approximately 23 minutes. In no situation for what I am requesting above, will the UAS exceed the maximum airspeed recommended by the aircraft manufacturer nor whatever limits are placed by the FAA

. Flight information of the UAS will be provided via Global Positioning System (GPS) and the Global Navigation Satellite System(GLONASS) v ia 2.4GHZ ISM Live Vie w Working Frequency. The flight data that is displa yed in front of me would always e nsure compliance to maintain visual line of sight and to sustain the UAS’ altitude at or below 400 feet Above Ground Level (AGL). This will also certify a level of safety and compliance equivalent to § 91.121 under Title 14

– Aeronautics and Space

. At this time, the petitioner would like to seek an exemption from CFR14 § 91.121 , which i s entitled Altimeter Settings

. I currently hold an FAA Commercial Pilot/Air plane Single & Multiengine Land

Instrument license (Certificate #2662311) along with a valid US Driver’s License

. I have a little over 600 hours of flight time and had proven, demonstrated and exceeded the meeting of minimum flight hour requirements in obtaining my flight ratings. Alongside my aeronautical certificate, I also received my Associates of Applied Science Degree in Aviation Technology at an accredited learning ins ti tution named San Juan College located in Farmington, NM. I n addition to my commercial pilot capabilities , I also served in the United States Navy as an aircrew man onboard the Lockheed Martin P

- 3C Orion aircraft . I have obtained over 15 00 hours of mishap f ree experience, flying around the world. The skill and knowledge that I have obtained over the years in aviation can greatly contribute towards the safety and professionalism before every flight evolution.

I am confident that as Pilot in Command (PIC) that I will be able to safely operate the DJI Phantom 3 Professional in a manner consistent with this exemption. This includes knowledge of meteorological conditions, visual flight rules (VFR)
, different Class es of Airspace and their limitations, logbook entries, maintenance checks, inspections, evasive and emergency maneuvers to maintain appr opriate distances from people, vessels, vehicles, and structures.The UAS will be operated during day light hours and within Visual Line of S ight

(VLOS) of the PIC at all times along with a Visual O bserver (VO) . Verbal communication will be paramount as other external devices, i.e. cell phone, texting, etc. will not be permitted d uring critical phases of flight. Each flight evolution will begin with a pre

-fli ght ins pection, calibration for accurate satellite signals and to determine if the UAS is in condition for safe flight. In the event of an inspection revealing potential discrepancies that affects safe operation of the UAS, then flights will be suspended until necessary maintenance has been completed and then is found to be operational for safe flight.

I understand that under this exemption, if a functional test flight is required, that it must be performed by the PIC and a visual observer in a manner that it will not pose any danger to person or property. That also includes maintaining a safe distance of at least 500 feet from other people. I will also comply with al l manufacturer safety bulletins and software updates.

The DJI Phantom 3 me ets the current conditions of FMRA Section 333 in respect to size, weight, speed, and its operation. Therefore, I would like to request an exemption that will not require an airworthiness certificate in accordance wi th 14 C.F.R. Part 21, Subpart H and also if the petitioner may also request an exemption to 14 C.F.R. § 91.7(a) Civil Aircraft Airworthiness

. It states that no person may operate a civil aircraft unless it is in an airworthy condition.

In addi tion, I would like to respectfully request an exemption for Sections 91.405(a), 91.407(a)(1) & (a) (2) , 91.409 (a)(1) & (a)(2) and 91.417(a) and (b), as these sections cover maintenance requirements for aircraft with an airworthiness certificate

. I will assure the condition of safe flight by maintaining a monthly maintenance log, DJ I Phantom 3 Instruction M anual and operating documents, to maintain currency and in airworthy co ndition. It is my suggestion that the documents mentioned above can be part of a pre

-flight checklist and make it a required item(s) to have before any flight evolution. I also understand that the

a forementioned documents must be accessi ble during UAS operations. The DJI Phantom 3 correspondingly complies with part 15 of Federal Communications Commission ( FCC ) Rules . It has been tested and found to comply with the limitsprescribed under this rule. I w ill also include this document to be presented upon

request to the administrator

.
Enclosed is a checklist that was comprised and generated by the petitioner along with the recommendation of the manufacturer. The checklist has been utilized in the manner consistent with this exemption. In the event of a Section 333 approval, the checklist can be modified in accordance to any addendum that is put forth by the FAA.

Pre

- Flight Checklist:  Ensure that all parts and components are in working condition. Look for signs of damage, wear and tear.

 Ensure the Remote Controller, Intelligent Flight Battery, mobile device/tablet are fully charged and placed in airplane mode . V erify all apps/programs in background are closed.

 Ensure the mobile flight app and aircrafts firmware have been upgraded to the latest version.

 Obtain the la test METARS & TAF, current FAA A/ FD & current aeronautical chart.

 Ensure that your flight area is outside the No

- Fly Zones and flight conditions (VFR , Obstacles, Class Airspace proximity, Persons, Etc., ) are suitable for flying

.
 Be sure to observe all local regulations, obtain appropriate authorizations and understand all risks.

 Ensure that all documents, logs, instruction manual and FCC compliance are current and available upon request.

 Ensure that the gimbal is unlocked and can rotate freely before powering it on.

 Ensure the propellers are securely mounted onto the motors and inspect for any foreign object debris (FOD) that would prevent it from starting and functioning normally.

 Follow the on screen instructions to calibrate th e compass and obtain the required GPS Lock (Minimum of 9 Satellites ). Acquire Green ‘ Safe t o Fly (GPS)’ indication on status bar.

 Review selected flight modes and understand all safety functions and warnings.

 Ensure that there is a clear mission statement with the Visual Observer (VO). Brief details on flight evolution and safety.The operations authorized by this grant of e xemption would be for the special

purpose of obtaining data via aerial video and photography. I, Luis Fernando Hernandez will be the only person to act as Pilot in Command (PIC) of the DJI Phantom 3 Professional UAS. For added safety a Visual Observer (VO) will be assigned to assist in creating a safe zone, so the UAS can safely complete its flight within Visual Line of Sight (VLOS).

With my aeronautical background, I have access to obtain the latest Meteorological Terminal Aviation Routine Weather Report (METAR) which contains data for temperature, dew points, wind speed with direction, precipitation, cloud cover and heights with visibility. Additionally, at the end of the METAR’s, I will add a short period forecast known as Terminal Aerodrome Fore cast (TAF), to cover likely changes in weather conditions within two hours of latest observation.

I fully understand that I must obtain an issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the allowance of t his exemption. All flights shall be conducted in accordance with airspace requirements in the issued COA and that includes al titude level (200 feet), weight of UAS, VFR conditions, operating within VLOS and to stay certain distances from airports and helip orts

. In order to comply with the issued COA, I would like to at this time request an exemption from § 91.119(c) under Title 14, Minimum Safe Altitudes: General

. Under that paragraph it states that over other than congested areas it is required to fly an a ltitude of 500 feet above the surface.

All aircraft that fall under this exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47 and to have identification markings in accordance with 14 C.F.R. part 45 Subpart C that states the markings must be as large as practicable and be placed on the largest of the authorized surfaces. I have registered my Phantom 3 Professional UAS (Registration # FA3KAKXLWM) online with the Federal Aviation Administration (FAA). I agreed

a nd understood the terms, along with acknowledgement for safety guidance. The number registered to this drone will always be visible and accessible.I will comply to not operate the UAS within 5 nautical miles (nm) of an airport. As

an added profession al approach to each flight, I will have a current Airport/Facility Directory (A/ FD) and a current FAA published aeronautical chart to supplement in the planning and awareness of our surroundings before any flight. Obtaining this data, I believe, can greatl y increase the knowledge and confidence for the PIC and Observer to complete its mission of the day in a safe and timely manner.

During the flight, in the event of an emergency or signal loss with the UAS, there are several safety features that are considered important upgrades to the flight controller. That includes several safety modes that are considered Failsafe and Return

-to

- Home (RTH) modes. These features ensure the safe return of the UAS in the eve nt of signal loss of more than three seconds with the controller. It will be important to preset a suitable Failsafe Return to Home altitude depending on the surrounding environment in order to clear and avoid any obstacles. The UAS flight controller also has a RTH button tha t when pressed it will automatically return to the last recorded GPS home point. The new flight controller also provides increased stability, saves critical flight data to the on

- board storage device, and boasts a new air braking feature.

As the fligh t evolution unfolds during its different phases, there are no concerns with fuel requirements

. I would like to respectfully request the exemption from 14 C.F.R. § 91.151(a)(1), which is found under the title Fu el Requirements for flight in VFR Conditions

. The UAS is battery powered that lasts approximately 23 minutes. T here are two low battery alerts (30% capacity and 15% capacity) given to the PIC to begin employing measures to land safely. The UAS will land automatically if the current battery level (15% capacity) can only support the aircraft long enough to descend from its current altitude. At no time will a flight exceed past the critical stage of the battery being fully depleted and triggering the failsafe mode of the UAS.

This proposal would b enef it the public interest by delivering a cost effective and capable risk mitigated inspection /data collecting platform. The proposed UAS gives an alte rnative to sending persons into hazardous situations and forecasting the proper placement of heavy equipment next to occupied building spaces in order to accomplish necessary and required construction inspections. This in turn could prevent accidents an d/or construction related mishaps . This w ould have a positive effect to employees and persons that work on site which ultimatelybenefits the safety of the public. The petitioner’s proposed operation will provide

a level of safety that far exceeds the level of safety required by the FAA for hobbyists and manufacturers of model aircraft. In turn, aerial photography combined with videography for real estate and events are proven strategies to aug ment marketing efforts and enhance business success within the community. The economic impact will be a positive one for the public and private sectors. These positive benefit s will be provided in combination with no harm to the enviro nment by using clean energy and the output of minimal noise interference.
In Summary I, Luis Fernando Hernandez , the petitioner, would like to respectfully request an e xemption pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 pertaining to Federal Aviation Regulations 14 CF R, Part 21, 91.7(a), 91.119(c), 91.121, 91.1 51(a)(1), 91.405(a), 91.407(a)(1 ) & (a)(2), 91.409(a )(1 ) & (a)(2) and 91.417(a)&(b) in order to legally operate an Unmanned Aircraft System, DJI Phantom 3 Professional, in the National Airspace System for the purpose of taking aerial video and photography for events, real estate marketing, construction and survey objectives

. Additionally, to be in accordan ce with 14 C.F.R. § 11.81 , I would like to provide the following information in support of its petition for exemption:
The name and address of the Petitioner and point of contact is:

Luis Fernando Hernandez

17926 SW 10 th Lane
Pembroke Pines, FL 33029
(954) 629

- 7407
lfh_150@hotmail.com
Furthermore, I am prepared to modify or amend any part of this request to satisfy the need for an equivalent le vel of safety. Please contact me at any time if you require additional information or clarification. Thank you for your time and I

am look ing forward to hearing from your office.
Sincerely,

Luis Fernando Hernandez