Luis Fernando Hernandez

17926 SW 10th 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 Exemption 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 91.417(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 

exemption from 14 CFR 91.7(a), 91.119(c), 91.121, 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 purpose of conducting 

residential/commercial real estate, civil landscapes, events and aerial 

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 

exemption would permit the petitioner in pursuing commercial interests 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 a
vertical takeoff 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 level 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) via 2.4GHZ ISM Live View Working Frequency. The flight data 

that is displayed in front of me would always ensure 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 is entitled 

Altimeter Settings.

 I currently hold an FAA Commercial Pilot/Airplane Single & Multiengine LandInstrument 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 

institution named San Juan College located in Farmington, NM. In 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 1500 

hours of mishap free 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 Classes of Airspace and their limitations, logbook entries, maintenance 

checks, inspections, evasive and emergency maneuvers to maintain appropriate 

distances from people, vessels, vehicles, and structures.
The UAS will be operated during day light hours and within Visual Line of Sight 

(VLOS) of the PIC at all times along with a Visual Observer (VO). Verbal 

communication will be paramount as other external devices, i.e. cell phone, 

texting, etc. will not be permitted during critical phases of flight. Each flight 

evolution will begin with a pre-flight inspection, 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 all 

manufacturer safety bulletins and software updates.

 The DJI Phantom 3 meets 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 with 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 addition, 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, DJI Phantom 3 Instruction Manual and operating documents, to maintain

currency and in airworthy condition. 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 

aforementioned documents must be accessible 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 limits 
prescribed under this rule. I will 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. Verify all apps/programs in background are closed.

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

 Obtain the latest 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 the compass and obtain the required GPS Lock 

(Minimum of 9 Satellites). Acquire Green ‘Safe to 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 exemption 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 

Forecast (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 

this exemption. All flights shall be conducted in accordance with airspace 

requirements in the issued COA and that includes altitude level (200 feet), weight 

of UAS, VFR conditions, operating within VLOS and to stay certain distances from 

airports and heliports. 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 altitude 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 

and 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 professional 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 greatly 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 event 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 that 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 flight 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 Fuel Requirements for flight 

in VFR Conditions. The UAS is battery powered that lasts approximately 23 

minutes. There 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 benefit the public interest by delivering a cost effective and

capable risk mitigated inspection/data collecting platform. The proposed UAS 

gives an alternative 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 and/or construction related mishaps. This would have a 

positive effect to employees and persons that work on site which ultimately 
benefits 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

augment 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 benefits will be provided in combination with no harm to the 

environment 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 exemption pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012 pertaining to Federal Aviation Regulations 14 CFR, Part 21, 

91.7(a), 91.119(c), 91.121, 91.151(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 accordance 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 10th 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 level of safety. Please contact me at any time if 

you require additional information or clarification. Thank you for your time and I 

am looking forward to hearing from your office. 

Sincerely,

Luis Fernando Hernandez