US Department ofTransportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation

December 16, 2015
Harry Rivera Avn LagunaJCondominio Laguna. Gardens Ill Apartamento8-C Carolina, Puerto Rico00979**hriv._Qrt:tcJ2<g!gmt:til~cQm**

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

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14CFR91.9(b)(2); 14 CFR 91.103; 14CFR91.109; 14CFR91.119(c); 14CFR91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuantto the authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Siror Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), Harry Rivera hereby appliesfor an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333. (, •''··



### Thankyou in advance for your consideration.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:

1. Real Estate 2. PublicAnd Private Events 3. Religious Events 4. Sports Events 5. Aerial Photography

### IVideography

As described fully below, the requested exemption would permit the operation of designated UAS as setforth in this document under controlled conditions in the NAS thatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemption would increase public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"

.... establish requirements for the safe operation of such aircraft systems in the national airspace system."

The name and address of the applicant is
Harry Rivera Avn Laguna Condominia Laguna. Gardens Ill Apartamento 8-C Carolina, Puerto Rico 00979**.hiiV~I~C.i~®.9.ITI.~JI~C9ITI.**



### From whichtheexemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & 

### (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14CFR91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14CFR91.151 (a) 14 CFR 91.203 (a)14 CFR 91 .405 (a) 14 CFR 91 .407 (a) 14CFR 91.409 (a) 14CFR 91.417 (a)

As in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, givesthe FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Harry Rivera Will operate one or more ofthe Following model UAS



### Yuneec Q500 4K
Safety requirements. The approval ofthis application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agreesto adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1.The UAS will weigh significantly lessthan 55 lbs.

I

.2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line of sight ofthe Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or30 minutes offlight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Levei (AGL) and not more than 200feet above an elevated platform from which filming is planned.

6. Minimum crew for each operation will consist ofthe UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC)

.The PIC will have logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed priorto each daylsflights consisting of all the daysl Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closerthan a mile radius ofthe geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13. The operator will do a pre check of aircraft priorto each flight. And log each flight.14. The operatorwill obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information forthe particular UAS to be operated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will havethe capabilityto return to a predetermined location within a designated location and land autonomously.

19. The UAS will havethe capability to abort aflight in case of emergencies with
an automated 11Return Home and Land 11 function.

20. The UAS will havethe capabilityto abort aflight in case of unpredicted obstacles, weather, or emergencies such as low battery.

21. Any incident, accident, orflight operation thattransgresses the lateral or vertical boundaries ofthe operational areaas defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the NationalTransportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishesthe procedural requirements forthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meetsthe requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 ofthe Reform Act both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size,

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## .. ',

weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In'all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,
or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UAS to be operated hereunder is lessthan 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 

### 21, Subpart H. Lastly, application ofthese same criteria demonstratesthat there is no credible threat to national security posed by the UAS, dueto its size, speed of operation, location of operation, lackofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking ofthe AircraftThe regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraftor experimental or provisionally certificated aircraft, the operator must also display on that aircraft
neareach entrancetothe cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor morethan 6 inches high, the words "limited/' "restricted/' "light sport/' "experimental!' or "provisional/' as applicable.

14 C.F.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe 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 morethan 6 inches high, the words "limited/' "restricted/' "light sport/"'experimental/' or "provisional/' as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). US Department ofTransportation February

### 20, 2015 The equivalent level of safetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification ofthe UAS as "Experimental." 14C.F.R. 

### § 61.113 (a) and (b The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not.

### '

operated at lessthan the minimums prescribed, provided the person operating the helicoptercomplies with any'route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As setforth herein, the UAS will never operate at higherthan 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated morethan 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations withouttheir pre obtained consent. The equivalent level of safety will be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe property owneror local officials. Because ofthe advance noticeto the property owner and participants in the filming activity, all affected individualswill be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
more than the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations is far lessthan those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude operations ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraft that must comply with Section 91.119.

14C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safetywill be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly tothe first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly after thatfor at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." The applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. Operatingthe UAS in a tightly controlled area where only people and property
owners or official representatives who have signed waivers will be alloweddoes not engenderthe type of risks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or25%-1. ·.**~** . • •

of battery power- whichever happensfirst. This restriction would be morethan adequateto return the UASto its planned landing zonefrom anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Exceptas provided in§ 91.715, no person mayoperate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance sothat it is legible to passengers or crew. The UASfully loaded weighs well underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the UAS. An · equivalent level of safetywill be achieved by keeping these documents atthe ground control pointwhere the pilotflying the UASwill have immediate accessto them, to the extentthey are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operatororowner ''shall havethat aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.

..," and others shall inspector maintain the aircraft in compliancewith Part 43. Given that these sections and Part 43 apply only to aircraftwith an airworthiness certificate, these sections will not applyto the applicant. Maintenancewill be accomplished bythe operator pursuantto theflight manual and operating handbook. An equivalent level ofsafetywill be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areasfor a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensurethatthe. UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator isthe person mostfamiliar with the aircraft and best suitedto maintain the aircraft in an airworthyconditionto providethe equivalent level ofsafety. An equivalent level of safety will be achieved because maintenance and inspectionswill be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a linkon last page, the operatorwill ensurethatthe UAS is in working order priorto initiating flight and perform required maintenance needed.carry any pilots or passengers nor property. The risks attendantto the It is believed thatthe operation and limitations setforth in the FOM will equateto the safe operation ofthe UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person mayoperate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, shouldthis exemption be granted, no FAA regulatory standard will existfordetermining airworthiness. Given the size ofthe aircraftfor maintenance and use ofsafety checklists priorto each flight, an equivalent level of safetywill be provided. 14C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person may operate a U.S. registered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unlessthere is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof. The UAS, given its size and configuration has no abilityor placeto carry such a flight manual on the aircraft, notonly because there is no pilot on board, but becausethere is no room orcapacityto carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping theflight manual atthe ground control pointwherethe pilotflying the UAS will have immediate access to it.

14C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flightto insurethesafety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 providesthat no person mayoperate a civil aircraft (except a mannedfree balloon) that is being usedfor flight instruction unlessthat aircraft hasfullyfunctioning dual controls. UAS and remotely piloted aircraft, bytheirdesign do not havefully functional dual controls. Flightcontrol is accomplished through the useofa control box that communicateswith the aircraftvia radio communications. The FAA has approved exemptionsfor flight training withoutfully functional dual controlsfor a numberof aircraftandforflight instruction in experimental aircraft. The equivalent level of safety is provided bythe fact that neithera pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes foroperation ofcivil aircraft. Section 91.119 (d) allows helicoptersto beAdditional Information.

The applicant Harry Rivera believesthis exemption request and associated safety considerations adequately satisfycriteria provided in Section 333 ofthe Reform Act of 2012, providing sufficientjustification forthe granting of commercial operations ofthe applicant's UAS. Ialso feel its in the public's interest on granting the exemption, as we can educatethem at the sametime. And all the positive sides ofthe new technology and the level ofsafety.

The applicant Harry Rivera requests your respective approval ofthis Section 333 exemption petition request

Thankyou for your attention in this matter. Please notify Harry Rivera ofyour actions, and or approvals. Thank you, foryour interest in this request.

Sincerely,



### Manual Link:
http:f/www.yuneec.com/download/manuals/qSOO 4k user manual.pdf