Alex G. Hernandez Fly boydrones520@y ahoo.com
March 26, 2015 U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590
RE: Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 21; 14 C.F.R Parts 45.23(b); 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 61.133(a); 91.7(a)&(b); 91.9(b) (2); 91.103(b); 91.109(a); 91.119; 91.121; 91.151(a); 91. 203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FAA Reform Act”) and 14 C.F.R. Part 11,Alex Hernandez also known as fl ybo y drones, requests exemptions from the Federal Aviation Regulations (“FARs”) listed below and discussed in Appendix A to allow Alex Hernandez to conduct commercial operations with Dji's Phantom 3 small Unmanned Aircraft Sy stem (“UAS”) (the “phantom 3”) to provide, among oth er things, commercial operations of its Aircraft for training and demonstrations in remote and rural areas of the United States, as further defined herein, b y a Pilot in Command holding, as minimum, a private pilot certificate. All participants know and understand the regulatory requirements and Safety

requirement to make these dail y operations Safe. The community is committed to safet y with each flight. Alex Hernandez requires that each UAS pilot to be a U.S. citizen, have in their possession a valid Private Pilot certificate, be current in manned aircraft, have a third class medical prior to the flight phase of the training program and be cleared through TSA. Alex Hernandez will put SOP’s in place to instill safety protocols and controls to avoid and prevent public hazards, as well as manned aircraft hazards/catastrophe. Alex Hernandez will utilize the UAS Risk Assessment Matrix prior to daily flight op erations.**Applicant Information:**

The name of the applicant is: Alex Hernandez The contact for this application is: Alex Hernandez Address: 400 Santa Cruz Dr unit 8 Bisbee AZ, 85603 Email Fly boydrones520@y ahoo.com Phone (520) 236

- 6296

Alex Hernandez would welcome the opportunit y to consult with FAA staff in order to address any issues or concerns related to this proposal that they believe may

require modification.

**Exemptions Requested** Alex Hernandez does not believe that it needs an exemption from 14 C.F.R. §§ because the Dji Phantom 3 flight manual, airworthiness exemption, maintenance records, and registration certificate will be maintained near the pilot’s in commands (PIC) control station (Aircrew Flight Stations). Should the FAA determine that an exemption is required, Alex Hernandez will comply

with all request needed to be granted exemptions. Alex Hernandez requests exemptions from the following regulations:
14 C.F.R. Part 21 ; (Aircraft certification requirements) 14 C.F.R. 45.23(b) ; (“N” numbers and markings) 14 C.F.R. 61.113(a) & (b) ; (Private pilots operating for hire)14 C.F.R. 61.133(a) ; (Commercial pilots as related to above)

14 C.F.R. 91.7(a) & (b) ; (Civil aircraft airworthines s) 14 C.F.R. 91.9(b) (Civil aircraft flight manual, marking, and placard requirements) 14 C.F.R. 91.109(a) ; (Dual controls for instruction) 14 C.F.R. 91.119 ;14; (Safe altitudes over obstacles) 14 C.F.R. 91.121; (Altimeter Setting) 14 C.F.R. 91.151(a) ; (Fuel mínimum) 14 C.F.R. 91.203(a) & (b) ; (Maintenance inspections) 14 C.F.R. 91.405(a) ; (Maintenance related) 14 C.F.R. 91.407(a)(1) ; (Maintenance related) 14 C.F.R. 91.409(a)(2) ; (Airworth y certificates) 14 C.F.R. 91.417(a); (Maintenance record keeping)

**The Extent of relief Alex Hernandez seeks and the Reason they Seeks Such Relief:**  Dji's (“Phantom 3”) The battery

- powered Phantom 3 weighs 1280g , has a wingspan of 689 mm, and has a flight time of 23

- 30 minutes depending on operating conditions, can operate in temperatures ranging from 0°F to 104°F. It employ s a self

- stabilizing aircraft configuration w ith stability augmentation avionics that provides ease

- of

- control and steady video imagery . Its high

performance design leverages advanced composite materials, innovative electronics, and cutting

edge sensor technology

to increase mission capabilities and make Phantom 3 a reliable and accurate solution to meet a variet y of industry needs.
The Phantom 3 is capable of transmitting live airborne video images and location information to a ipad with live hd feed.The Phantom 3’s minimum cruising speed and maxi mum speed are 18 Knots and 55 Knots, respectivel y. Normal cruise speed is 26 knots. The Phantom 3 is a v

- tallThe Phantom 3 can operate safel y in the National Airspace S ys tem (“NAS”), without posing a

threat to national security, by operating in accord ance with the requirements discussed herein. The Dji's Phantom 3’s capabilities, along with Alex Hernandez’s long experience to date, make it ideally suited to conduct commercial operations such as Training Pilots to operate UAS in the NAS, agriculture, aerial surveying, and patrolling in remote areas ( i.e. non - congested or sparsel y populated areas, private or controlled

- access property) under Class G airspace and within Visual Line of Sight (“VLOS”). Use of the Phantom 3 reduces the need to operate manned aircraft, decreasing the risk to the pilot, crew, and those on the ground, as the Phantom 3 is carried to the site and not flown there with a load of flammable fuel. As a result of the Phantom 3 size, weight, maximum speed, operational capability , and safet y record; the distance at which it will operate from populated areas; and its operation using visual observers to provide de

- confliction from other air traffic. The Phantom 3 does not create a hazard to users of the NAS or the public. Neither does it pose a threat to national security. Therefore, we request the FAA grant Alex Hernandez the requested exemptions. Alternatively , if the FAA finds that modification of Al ex Hernandez application is required for safe operation of the Phantom 3 in the NAS, Alex Hernandez requests that the FAA delineate the required modifications and either process application as if the modifications were already made or allow Alex Hernandez to amend its application to incorporate the FAA’s findings.
**Airworthiness of the sUAS** The Phantom 3 has been shown to be airworth y and compliant through a history of granted flight operations in the United States, Canada, and Australia and successful flights in all three countries. The U.S. Military has accepted the Phantom 3 for use as well and has flown it since 2011 in places like Afghanistan. Globally , the Phantom 3 has amassed over 4,000 flight hours. For additional safet y, the Phantom 3 is equipp ed with automated features that ensure safe takeoff, flight, and landing in man y conditions, further details of which are provided in Appendix C. In support of this application, Alex Hernandez will submit, under separate cover and with a request for confi dentiality , the Phantom 3 Operator’s Manual (“Operator’s Manual”) if requested. **Operating Conditions** Alex Hernandez requests an exemption subject to the conditions listed in Appendix B, which are substantially

similar to the operating conditions requir ed for the FAA’s previous grants of exemptions under Section 333. In accordance with the conditions approved in previous exemption grants, Alex Hernandez is requesting authorit y to operate the Phantom 3 within visual line of sight and below 400 feet AGL except as provided b y FAA Air Traffic Control via COA. Alex Hernandez will use the elevation of the highest predominant terrain within 1 mile of the launch point and within the visual line of sight as a ground reference point to establish the 400 feet ceil ing. In other words, AlexHernandez will not operate the Phantom 3 any higher than 400 feet above the highest point within 1 mile from the launch point, and will only do so provided the UAS is within the line of sight. These operating conditions, along wi th those listed in Appendix B, would provide an equivalent level of safet y for the reasons described below. The Phantom 3 is visible up to 2,000 meters (1.24 miles) in a clear sky, making the selection of the predominant terrain within 1 mile of the laun ch point as a ground reference a logical and easily manageable reference.
**Reasons Why Alex Hernandez’s Exemption Will Not Adversely Affect Safety Or How the Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:**  Alex Hernandez’s, exemption will not adversely affect safet y. Quite the contrary , for the reasons stated permitting Alex Hernandez to log more flight time in FAA controlled airspace, with communication with the FAA, will allow Alex Hernandez to contribute to the innovation and implementation of new and novel, as of yet undiscovered safet y protocols for pilots that can be embraced b y the FAA and NTSB for development in cooperation with the FAA. In addition, Alex Hernandez, submit the following representatio ns of enhancements to current aerial videograph y and photography.:

• UAS weighs less than 2.6 pounds complete with a small ultra

- light weight high qualit y 4k camera;

• Operate the UAS below 400 feet (well within the 400 foot permissible ceiling set b y the FAA Modernization and Reform Act of 2012);

• Alex Hernandez’s UAS only operate for 25

- 30 minutes per flight;

• Students/Flight Instructor land the UAS prior to manufacturer recommended minimum level of battery

power;

• The aircraft is piloted b y UAS ground control station or through remote control and only operates b y visual line of sight;

• The aircraft has GPS, utilizing a flight safet y feature whereb y it Returns Home and then automatically

lands if communication with the GCS or remote pilot control is lost;

• Alex H ernandez activel y anal yz e flight data and other sources of information to constantly

update and enhance safet y protocols;

• Alex Hernandez only

operates in reasonabl y safe environment that are strictly controlled, are away from power lines, elevated lights, and actively populated areas; Students conduct extensive pre

- flight inspections and protocol, during which safety carries primary importance;

• Alex Hernandez alway s obtains all necessary permissions prior to operation; and, procedures in place to abort fli ghts in the event of safet y breaches or potential danger.

• Alex Hernandez will also train Visual Observers (VO’s) as crew members to enhance safet y.

• Alex Hernandez will conduct “Crew Briefings” prior to each training period. Alex Hernandez’s safet y protoc ols provide a level of safet y equal to or exceeding existing rules. It is important to note that airplanes and helicopters are the primary means of aerial video andphotograph y for community awareness and pilot training. While the safety record of such ai rcraft

is remarkabl y astounding, it is far safer to operate a battery powered ultra

- light weight UAS. First, the potential loss of life is diminished because UAS's carry no people on board and Certified Flight Instructors/students only operates the UAS in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatl y diminished. Third, the small size and extreme maneuverability of the UAS allow Certified Flight pilots to remotel y pilot away

from and avoid hazards quickly and safel y. Lastl y, given its small size and weight, even when close enough to capture amazing images, the UAS need not be so close to the objects they are focused on instead of flying the UAS and use post editi ng software for pan and zoom functions. Accordingl y, the UAS has been experimentall y operated for familiarization/competency and will continue to operate at and above current safet y levels. **In summary, Alex Hernandez seeks an exemption from the following Regulations:** 14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91 .121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commerciall y operate Alex Hernandez’s small lightw eight unmanned aircraft vehicle in Pilot training, communit y awareness, agriculture operations and demonstrations. Currently, Pilot training, area awareness and aerial videograph y/ photography

relies primarily

on the use of larger aircraft running on combu stible fuel. Posing potential risk to the public. Granting Alex Hernandez’s request for exemption will reduce current risk levels and thereby enhance safety

. The Phantom 3 aircraft does not contain potentially explosive fuel, is smaller, lighter and mor e maneuverable than conventional aircraft. Further, Alex Hernandez will operate at lower altitudes and in class G airspace eliminating potential public risk flying to and from established air fields. Alex Hernandez, has been informally anal yz ing flight in formation and will compile safet y protocols and the implementation of a flight operations manual for Flight Training usage that exceeds currently

accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board the Alex Hernandez’s UAS and therefore the likelihood of death or serious bodil y injury is significantl y dim inished. Alex Hernandez’s operation of the UAS, weighing less than 2.6 pounds and traveling at lower speeds within limited areas will provide an equivalent level of safet y as that achieved under current FARs. Accordingl y Alex Hernandez, respectfully requ est that the FAA grant this exemption request and is willing to cooperate in sharing information to benefit the FAA, safet y of manned aircraft, and the general public at large.**APPENDIX A EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY**  **SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION** Alex Hernandez requests an exemption from the following regulations as well as an y additional regulations that may

technically

apply to the operation of the Phantom 3 UAS: **14 C.F.R. Part 21, Subpart H: Airworthiness Certificates** Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by § 91.203(a)(1). Given the size and wei ght of the aircraft, the operating conditions, design safet y features, and the proposed conditions and limitations, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safet y levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333. Section 333 and 49 U.S.C. § 44701(f) both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the UAS involved. In this case, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, under the con ditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The Phantom 3 weighs 2.6 pounds fully loaded. Itwill not carry

a pilot, passenger or flammable fuel. Th e Phantom 3 operates exclusively within a controlled area pre

- disclosed and in compliance with conditions set forth herein. Unlike other civil aircraft, operations under this exemption will be tightl y controlled and monitored by the PIC and observer(s), pursuant to the conditions set forth in Appendix B, the Operator’s Manual, and local public safety requirements. The FAA will have advance notice of all operations through the filing of NOTAMs. The lack of flammable fuel and the fact that the aircraft is carried to the location and not flown there all establish theequivalent level of safet y. The UAS provides at least an equivalent level of safet y to that of such

operations being conducted with conventional aircraft that would be orders

- of

- magnitude larger an d would be carrying passengers, cargo, and flammable fuel. **14 C.F.R. § 45.23: Marking of the Aircraft.** Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. These UAS are, b y definition, unmanned. The y therefore do not have a cabin, cockpit or on board pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller than minimal lettering requirement. Alex Hernand ez will mark its UAS in the largest possible lettering b y placing the word “EXPERIMENTAL” and the N number on its fuselage as required b y 14 C.F.R. §45.29 (f) so that I the pilot, or an yone assisting as a spotter with the UAV will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.
**14 C.F.R. §§ 61.113(a) & (b): Private Pilot Privileges and limitations: Pilot in command** Sections 61.113(a) & (b) limit private pilots to non

- commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the Phantom 3 is remotely controlled with no passengers or property of others on board. The area of operation is controlle d and restricted, and all flights are planned and coordinated in advance as set forth in the Operator’s Manual. In conjunction with the required training of the PIC and observers, the level of safet y provided b y the requirements included in the Operator’s Manual exceeds that provided by a single individual holding a commercial pilot certificate operating a conventional aircraft. Alex Hernandez, can operate at an equivalent level of safety as required b y current Regulations, because the UAS does not carry any pilots or passengers. Further, a licensed private pilot will ensure regulations and piloting skills are maintained. The risks to the operation of the UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, Thus, allowing Alex Hernandez to operate the UAS and meet or exceed current safet y levels in relation to 14 C.F.R. §61.113 (a) & (b).
**14 C.F.R. § 61.133 Commercial pilot privileges and limitations. (a)**  **Privileges**

**— (1)**  **General.** A person who holds a commercial pilot certificate may act as pilot in command of an aircraft

— **(i)** Carrying persons or property for compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this cha pter that apply

to the operation; and **(ii)** For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that appl y to the operation.Alex Hernandez, can operate at an equivalent leve l of safet y as required b y current Regulations,

because the UAS does not carry any pilots or passengers. Further, a licensed private pilot will ensure regulations and piloting skills are maintained. The risks to the operation of the UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, Thus, allowing Alex Hernandez to operate the UAS and meet or exceed current safet y levels in relation to 14 C.F.R. §61.113 (a) & (b).
**14 C.F.R. § 91.7(a): Civil aircraft ai rworthiness**  Section 91.7(a) prohibits an individual from operating a civil aircraft unless it is in an airworthy condition. No FAA standard exists for determining an aircraft’s airworthiness when an airworthiness certificate is not issued. As the FAA has done with previous exemption grants, airworthiness will be ensured and an equivalent level of safet y will be achieved b y compliance with the operating documents prior to every flight. **14 C.F.R. § 91.9(b): Civil aircraft flight manual, marking, and placa rd requirements**  Section 91.9 (b) (2) requires, No person may operate a U.S.

- registered civil aircraft

— **(2)** For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safet y will be achieved b y m aintaining all safet y/ flight manuals delineating areas of where safety can be defined at th e Pilot control station. The FAA has previousl y issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning sy stems with a barometric sensor. **14 C.F.R. § 91.109 Flight instruction; Simulated instrument flight and certain flight tests.** Section 91.109 Flight instruction; simulated instrument flight and certain f light tests. **(a)** No person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual controls. However, instrument flight instruction may

be given in an airplane th at is equipped with a single, functioning throw over control wheel that controls the elevator and ailerons, in place of fixed, dual controls, when

— **(1)** The instructor has determined that the flight can be conducted safel y; and **(2)** The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings.Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the Phantom 3 is

remotely controlled with no passengers or property of others on board. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. **14 C.F.R. § 91.119(c): Minimum Safe Altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically , Section 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populat ed areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Because some of the training and survey work must be accomplished at altitudes less than 500 feet AGL and nonparticipating Alex He rnandez employ ees/pilots will be working within 400 feet of the UAS, an exemption from Section 91.119(c) is needed. The equivalent level of safet y will be achieved because Alex Hernandez’s employ ees/pilots are required to be part of the training program and because the Phantom 3, given its size, weight, speed, and materials, does not pose a serious risk. Also, every fli ght will be conducted over land owned or controlled b y Alex Hernandez. Because Alex Hernandez will notify its employ ees/pilots in advance of Phantom 3 operations, all effected individuals will be aware of the flights. Compared to operations conducted with aircraft or rotorcraft weighing far more than 2.6 pounds and carrying nonflammable fuel, any risk associated with these operations will be far less than those currently

allowed with conventional aircraft operating at or below 500 feet AGL. **14 C.F.R. § 12 1: Altimeter Setting**  Section 121 requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the 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 exemption is required. An equivalent level of safety will be achieved by the operator, pursuant to the Operator’s Manual, confirming the altitude of the launch site sh own on the GPS altitude indicator before flight. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and for ecast 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 fl y after that for at least 45 minutes.” The Phantom 3 batteries provide approximately 25

- 30 minutes of powered flight. Without an exemption from 14 C.F.R. § 91.151, the Phantom 3’s flights would be limited to approximately 10 minutes in length because the PIC would require the last 30 minutes t o satisfy section 91.151(a). Given the limitations on its proposed operations, a longer time frame for flight in VFR conditions is reasonable. Alex Hernandez believes that an exemption from 14 C.F.R. § 91.151(a) provides an equivalent level of safety

and is consistent with prior exemptions. Operating the UAS, without 30 minutesof reserve fuel does not engender the t ype of risks that Section 91.151(a) was meant to prevent

given the size and speed at which the UAS operates. In the unlikel y event that the UAS battery runs low, it would simply follow the pre

- programmed command to land at a designated location. Given its weight and construction material, the risks are less than contemplated b y the current regulation. Alex Hernandez believes that an equivalent or enhanced level of safet y can be achieved b y maintaining 10 minutes of reserve power which, allowing at least 20 minutes of flight time, if not more, would be more than adequate to return the UAS to its planned landing zone from any where in its limited operating area.

**14 C.F.R. § 91.203 Civil Aircraft: Certifications required.** § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. As there are no on board pilots or passengers, and given the size of the UA S' s, this Regulation is inapplicable. The equivalent level of safety will be achieved b y m aintaining any such required certifications, Exemptions, SOP’s, and registrations by Alex Hernandez at the Pilot control station. **14 C.F.R. §§ 91.405(a), 91.407(a)(1 ), 91.409(a)(2), and 91.417(a): Maintenance Inspections**  Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided i n paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.” Section 91.407 similarly makes reference to requirements in Part 43. Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthi ness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return t o service.
Pre

- flight checks will be performed b y a qualified person prior to each flight and at predefined intervals as part of the maintenance schedule. The pre

- flight checklist includes: 1. Visual inspection of the airframe; 2. Visual inspections of propeller; 3. Verify GPS acquisition; 4. Plan and upload mission; 5. Video and payload check; 6. Controls check; 7. Gy ro/control surfaces check; 8. Throttle check; 10. Check sensors; and 11. Verify fail safes are set correctl y.An equivalent level of safety will be achieved because the UAS will carry no external payload, will operate onl y in restricted predetermined areas, and is not a complex mechanical device. In addition, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworth y condition and to ensure an equivalent level of safet y. The Operator’s Manual will have instructions to develop and document maintenance, overhaul, replacement, and inspection requirements. In the absence of Dji requirements, and procedures to document and maintain maintenance records for the UAS Alex Hernandez will develop standard practices and procedures. The UAS maintenance guidelines provide an equivalent level of safety to the maintenance requirements in Part 91.

**APPENDIX B**

**Alex Hernandez OPERATING LIMITATIONS** 1) Operations authorized by the grant of exemption are limited to the following aircraft: Dji's Phantom 3, which weighs less than 5 kg. 2) The UAS shall not be flown at a ground speed exceeding 60 kts. 3) The UAS will not be operated at an altitude more than 400 feet above the highest predominant terrain except as may

be provided by

FAA Air Traffic Control (“ATC”) via COA. The highest pre dominant terrain is the defined as terrain within 1 mile of the launch point and within the visual line of sight of the PI C. All altitudes reported to ATC shall be in feet AGL. 4) The UAS must be operated within visual line of sight of the PIC at all time s. This requires the PI C to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.5) All operations must use a VO. The VO and PI C must be able to communicate verbal ly at all times. The PI C must be designated before the flight. The PI C must ensure that the VO can perform the functions prescribed in the operating documents. 6) The operating documents and this grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a conflict exists between the conditions and limitations in the exemption and the procedures outlined in the operating documents, the conditions and limitations in the exemption take precedence and must be followed. Otherwise, Alex Hernandez must follow the procedures as outlined in its operating documents. Alex Hernandez may update or revise its operating documents. It is Alex Hernandez’s responsibility to track such revisions and present updated an d revised documents to the Administrator upon request. Alex Hernandez must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. 7) Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. The PIC shall not operate the aircraft if the inspection reveals a condition that affects the safe operation of the sUAS until the necessary maintenance has been performed and the UAS is found to be in a condition fo r safe flight. The Ground Control Station, if utilized, must be included in the preflight inspection. All maintenance and alternations must be properl y documented in the aircraft records. 8) An y UAS that has undergone maintenance or alterations that affe ct the UAS operation or flight characteristics (e.g., replacement of a flight critical component) must undergo a functional test flight in accordance with the Operator’s Manual. The PI C who conducts the functional test flight must make an entry in the airc raft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry shall be included in the Operator’s Manual. 9) The pre

- flight inspection must account for all discrepancies, e.g. inoperable components, ite ms, or equipment, not already covered in the relevant sections of the operating documents. 10) Alex Hernandez must follow Dji’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 11) Alex Hernandez must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the person authorized to return the UAS to service. 12) Each UAS operated under this exemption must comply with all manufacturer Safet y Bulletins. 13) The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate. The PI C must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate. 14) Alex Hern andez may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and e mergency

maneuvers and maintaining appropriate distances from persons, vessels, vehicles andstructures. PI C qualification flight hours and currency must be logged in a manner consistent with 14 C.F.R. § 61.51(b). The PI C must ensure that the VO is trained appropriatel y in order to fulfill his or her duties. A record of training and qualification must be documented and made available upon request by the Administrator. Flights for the purposes of training the operator’s PI Cs and VOs (training, proficiency , and experience

- building), are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for f light operations are considered nonparticipants, and the PI C must operate the UAS with appropriate distance from nonparticipants in accordance with these operating conditions. 15) Operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (“VMC”). Flights under special visual flight rules (“SVFR”) are not authorized. 16) The UAS may

not op erate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as requi red b y Alex Hernandez. The letter of agreement with the airport management must be made available to the Administrator upon request. 17) The UAS may

not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibil ity is less than 3 statute miles from the PI C. 18) If the UAS loses communications or loses its GPS signal, the UAS must return to a pre

determined location within the securit y perimeter and land or be recovered in accordance with the Operator’s Manual. 19) The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the Operator’s Manual. 20) UAS operations must be completed within flight time as prescribed b y the manufactures operators manual. 21) Alex Hernande z must obtain an ATC

- issued COA prior to conducting any operations under this exemption. This COA will also require the filing of the NOTAM not more than 72 hours in advance, but not less than 48 hours prior to the operation, or if this exemption allows fo r a shorter notification. 22) All aircraft operated in accordance with the requested exemption must be identified b y serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. P art 45, Subpart C. Markings shall be as large as practicable. 23) The radio frequency

spectrum used for operation and control of the UAS must comply with Federal Communication (FCC) or other appropriate government oversight agency requirements. 24) The documents required under 14 C.F.R. §§ 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS an y time the aircraft is operating. These documents shall be made available to the Administrator or an y law enforcement official upo n request.25) The UAS must remain clear and yi eld the right of way to all other manned operations and activities at all times. 26) The UAS may

not be operated from an y moving device or vehicle. 27) The UAS may

not be operated over congested or densel y populated areas. 28) Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, structures, and public access roads unless: a. The nonparticipating persons are authorized to access Alex Hernandez, have re ceived Alex Hernandez’s safet y Briefing; b. For non

- participants who do not qualify as Alex Hernandez employ ees/ pilot's barriers or structures are present that sufficiently protect them from the UAS and/or debris in the event of an accident. The oper ator must ensure that nonparticipating persons who are not Alex Hernandez employ ee/ pilots remain under such protection. If a situation arises where nonparticipating persons who are not Mine Parties leave such protection and are within 500 feet of the UAS, flight operations must cease immediately ; or c. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. 29) Operations more than 400 feet to the PI C, VO, operator trainees or essential persons as defined in the operating documents are permitted if those ope rations do not present an undue hazard to those persons per § 91.119(a) as determined by the PI C. 30) All operations must be conducted over private or controlled

- access property

. 31) An y incident, accident, or flight operation that transgresses the lat eral or vertical boundaries of the operational area as defined b y the applicable exemption shall be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per ins tructions contained on the NTSB Web site: www.ntsb.gov

.**APPENDIX C**
**SMALL UNMANNED AERIAL SYSTEM DESCRIPTION UAS Operating Overview**  : The Phantom 3 is a four propelled quadcopter aircraft constructed of a plastic composite with bendable wings that requires twist on assembly propellers. It has full operation for takeoff, navigation, and landing.Parameter Characteristic

Wingspan 29.5 in Le ngth 26.5 in Weight, with EO side

- look payload 2.6 lbs Wireless Range 5

– 15 km LOS Cruise Speed (Best Endurance) 26 kts (30 mph) Dash Speed 55 kts (63 mph) Stall Speed 18 kts (21 mph) Max wind 20 kts sustained, 30 kts gusting Precipitation Li ght rain (0.1 inches per hour) Flight Duration 45

– 70 minutes Turn Rate 360 degrees in 12 seconds Climb Rate 500 ft/min @ 2,000 AMSL Launch Hand launch, tube launch optional Landing Deep

- stall, skid, net optional Flight Control Autonomous or manual Exterior Lighting Visible and IR Strobe Lights Command and Control Frequency 350 MHz, 900 MHz Video Bands 1.7 GHz, 2.4 GHz

The sUAS can be operated in fully autonomous flight modes. Creating pre

- planned flight paths to fly in autonomous mode is as simple as clicking on the map to create a pre

- planned flight path. Pre

- mission way

points, landing zone points, and flight area dimensions can all be entered during preflight, ensuri ng the sUAS operates onl y within specified parameters. The Phantom 3 includes many advanced safet y features that makes it the safest choice for areas like Alex Hernandez’s. Built

- in intelligent fault handling allows the sUAS to detect a s ys tem fault while in the air, and to automatically respond with a set command (one such option being to fly back to a pre

- selected rally point and land). Faults that can be detected include: loss of communication, loss of GPS, and low battery levels. In addition, the operator can create no fl y zones, and the sy stem will visuall y and audibl y warn the operator if the planned flight path would enter the no fl y zone. **Operator’s Manual**

– The Phantom 3 Operator’s Manual will be provided under separate cover with a request for confidential treatment.
**Power**

– The Phantom 3 and its ground control station are both powered by a L ithium poly mer rechargeable battery

pack. A new battery

has a fully

charged voltage of approximately 12.4V. A “full

- pack” has a capacity of 4 Amp

- hours. An additional “half

- pack” can be installed for extended operation. A new “half

- pack” has a fully charged voltage of 12.4V and a capacity of 2 Amp

- hours. The Phantom 3’s battery charge is display ed in real

- time on the ground control terminal, ensuring maximum flight duration and safet y.**Takeoff and Landing style/type**

– The Phantom 3 is hand launched and can be tube launched

with additional equipment. The Phantom 3 lands by returning to a pre

- determined rally point and beginning a spiral descent. Once it reaches a pre

- selected altitude, i t heads toward the landing way point, descending until it lands and skids to a stop. **Navigation System**

– Specific maps can be downloaded to the display screen (such as air sectional and geographic maps) which are overlaid with GPS positional data. Way points can be created before and during flight operation creating specific locations and sequences for the aircraft. **Defined “Keep Out” Areas**

**–** The navigation software allows for preplanning Keep Out Areas that allow the operator to designate airspace he or she does not want the Phantom 3 to enter. If defined flight paths pass through an area designated as keep

- out, the individual way points and way point connection segments turn red as a warning. Additionall y, if a mission is uploaded and intersects with a keep out area, a warning is presented to the user. Also, if an aircraft in flight is navigated into a designated keep out area, an audible warning is sounded.
**Maintenance**

– The Phantom 3 UAS needs very little maintenance, and operators may perform most requ ired maintenance in the field with the field repair kit. **Command and Control Systems**

- The sUAS Ground Control Station (GCS) allows the operator simultaneous control over aircraft and payloads. The display screen provides all essential flight data to the operator. Telemetry data is transmitted to the command station at least once per second. Displayed on GCS : ● Current position ● Registered home position ● Any autopilot flight plans ● Registered emergency

landing zone ● Aircraft attitude ● Altitude ● Airspeed ● Groundspeed ● Compass reading/heading ● Estimated wind heading ● Communication strength ● Range from home ● Bearing from home ● Duration of current mission ● Rate of climb ● Mode of the aircraft ● Battery level **Emergency Procedures and System Failures**Loss of Link

– The sUAS does not need constant signal from the GCS to continue flying.

Communications outages are detected b y the s ys tem and are reported to the PI C. During the communication outage, the sUAS continues on its pre

- determined flight path until a failsafe is triggered. Once a failsafe is triggered, the sUAS will perform in accordance with the failsafe conditions uploaded before launch. This is accomplished without input from the operator. **Security** The sy stem and communication links may be encry pted.