### February 5, 2016 

# 2016

**MELVIN SOBERAL 116,**  **G STREET BO. SANTA ROSA**  **HATILLO, PR 00659 gooffriel@gmail.com**  **(787) 717 -**  **7125 (787)879**  **- 0585**  **FEDERAL AVIATION ADMINISTRATION EXEM** **TION REQUEST UNDER S ECTION 333 OF**  **THE FAA REFORM ACT A ND PART 11 OF THE FE**  **DERAL**

**U.S. Department of Transportation Federal Aviation Administration**  **Docket Management System 1200 New Jersey Ave., SE**  **Washington, DC 20590 Regulatory Docket No** **EXEMPTION REQUEST UNDER SECTION 333 OF THE FAA REFORM ACT AND**

**PART 11 OF THE FEDERAL AVIATION REGULATIONS** 

# 201 **6**

Page 1 Dear Personal of Federal Aviation Administration
. Thanks in advance and in p ursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Agent, Melvin Soberal seeks an exemption from the Federal Aviation Regulations listed below:

 14 C.F.R. 21, subpart H  14 C.F.R. 61.3  14 C.F.R. 61.113(a)&(b)  14 C.F.R. 61.133(a)  14 C.F.R. 91.9(b)(2)  14 C.F.R. 91.103(b)  14 C.F.R. 91.105  14 C.F.R. 91.109(a)  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) & (b)  14 C.F.R. 91.319(a)(1)  14 CFR 91, Subpart E (91.405, 91.407, 91.409, 91.417) The requested exemption would authorize Puerto Rico Police Homicide Agent, Melvin Soberal to conduct crime investigations using the DJI Phantom 3 Professional f or aerial data collection in death mapp ing and reconstruction of crime scenes . These applications would utilize in drawing s, sketch, digital photography and imaging to measure areas through photogrammetric software processes
.

As a Homicide Agent it is very important for me and my coworkers , to comply with all laws and rules in the Federal Aviation Administration.

In order to ensure an equivalent level of satisfaction our goal is to currently have an authorized operations using manned aircraft the Phantom 3 Professional unmanned aircraft system (UAS) owned and operated only by Melvin Soberal who hold s at least an FAA issued private, recreational, certificate and who have successfully logged two hours of in

- air flight time with the DJI Phantom 3 Professional in a controlled setting. The characteristics of the UAS, detailed UAS operator requirements, and UAS operating parameters given below will ensure that all Agent, Melvin Soberal UAS operations are carried out with an equivalent or higher level of safety than currently authorized manned aircraft operations. The details below regarding Melvin Soberal intended UAS applications provide clear evidence that approval of this exemption is in the public and private interest.**EXEMPTION REQUEST UNDER SECTION 333 OF THE FAA REFORM ACT AND**

**PART 11 OF THE FEDERAL AVIATION REGULATIONS** 

# 201 **6**

Page 2 

## CHARACTERISTICS OF THE UAS **:**
PHANTOM 3 PROFESSIONAL Weight (including battery and propellers) 1280 g Diagonal size (including propellers) 590 mm Max Ascent Speed 5 m/s Max Descent Speed 3 m/s Hover Accuracy Vertical: +/

- 0.1 m (when Vision Positioning is active) or +/

- 0.5 m Max Speed 16 m/s (ATTI mode, no wind) Max Service Ceiling Above Sea Level 6000 m (Default altitude limit: 120 m (400 ft) above takeoff point) GPS Mode GPS/GLONASS Battery Net Weight Battery Capacity 365 g 4480 mAh Please find the included User Manual, Quick Start Guide, Safety Guide, and Intelligent Flight Battery Safety Guide. Photographs, video, and serial number of my DJI Phantom Quad copter are available upon request should you require them. Quick Start Guide

- http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en_v1.2.pdf User Manual

- http://download.dji

innovations.com/downloads/phantom_3 /en/Phantom_3_Professional_User_Manual_v1.2_en.pdf Battery Safety Guide

- http://download.dji

innovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Guidelines_en.pdf Safety Guide

- http://download.dji

- innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf The Phantom operated by Agent, Melvin Soberal will be maintained in accordance with the manufacture’s maintenance, overhaul, replacement, inspection, and lif e limit requirements for the aircraft and aircraft components and all pertinent instructions in the user manuals. Repairs, component changes, and software/firmware updates will be recorded in the UAS’s maintenance log. Maintenance log entries will include the date, UAS ID number, registration number, current UAS flight time, a description of work performed . Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight**EXEMPTION REQUEST UNDER SECTION 333 OF THE FAA REFORM ACT AND**

**PART 11 OF THE FEDERAL AVIATION REGULATIONS** 

# 201 **6**

Page 3 characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight, prior to use in any operations. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. The pilot in command (PIC) “ Melvin Soberal” who conducts the functional test flight must make an entry in the aircraft records. A pre

- flight inspection of the UAS will be completed by the PIC prior to each flight operation as specified in the DJI Phantom 3 Owner’s Manual. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. Melvin Soberal UAS will comply with all applicable manufacturer safety bulletins. The safety and reliability of the DJI Phantom 3, that numerous FAA exemptions have previously b een approved for their use in investigation operations. 

## UAS OPERATING PARAMETERS **:** I, Agent Melvin Soberal, hereby submit this petition for exemption under Section 333; FAA Modernization and Reform Act of 2012, Public Law 112

- 95 FEB. 14, 2012, Section 333. I request this exemption in order to operate my UAV/UAS, DJI Phantom 3 Professional Quad copter Aircraft, in order to provide services for my homicide investigations in aerial filming, photography and aerial mapping, special events to include environmental studies. The ability to provide these services in my community will benefit in the fight against crime , a top view of the crime scen e is very important us, than the Traditional methods of photography and videography because a top view is simply not an available options for the average investigator the use of larger aircraft carrying humans and flammable fuel. By utilizing the UAV/UAS the same results can be achieved with much safer conditions. Prior to each flight/operation of the UAV/UAS, I will conduct a Pre

- Flight Safety Inspection. All flights will be performed areas cleared for flight using www.skyvector.com to make sure we are in authorized airspace. Flights will not take place over densely populated areas or private property without the owner’s permission. The UAV/UAS will only be operated within visual line of sight and will not be flown near airports or above 400 feet. Any an d all repairs will be performed only by the manufacturers authorized repair facilities/ providers. The FAA can be confident that operations of this UAV/UAS will achieve at least the equivalent or greater level of safety. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location. Abort the flight in the event of unpredicted obstacles or emergencies. It is p rohibited from beginning a flight unless the UA’s battery level is at 75% or higher, the PIC must begin r eturning the UA to the designated landing area when the battery level drops below 25%. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. The UA must remain clear and give way to all manned aviation operations and activities at all times. The UA may not be operated below 150 feet AGL in the vicinity of any roadway while vehicular traffic is present. The UAS will not be operated by the PIC from any moving device or vehicle. Any incident, accident, or flight ope ration that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov
.**EXEMPTION REQUEST UNDER SECTION 333 OF THE FAA REFORM ACT AND**

**PART 11 OF THE FEDERAL AVIATION REGULATIONS** 

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Page 4 

## APPLICATIONS AND PUBLIC INTEREST **:** The requested exemption would allow Melvin Soberal 

### to operate the DJI Phantom for the purposes of forensic mapping and reconstruction of crime scenes 

### . These operations are completed on residential, commercial and public properties including streets, roads, and highways. Use of UAS for these applications will offer significant advantages related to saf

ety, time, and cost as well as overall improvement of quality and accuracy
. Melvin Soberal 

### currently provides forensic mapping services in criminal litigation . Our crime scene forensic models often demonstrate that certain events either could or could no t have occurred as described by witnesses or affiants in the criminal court. This is clearly in the public interest in order to ensure justice is carried out according to scientifically sound evidence and methods. Furthermore, o ur traffic collision model s often identify safety hazards that currently exist under various simulated conditions and recommend corrective modifications. This also is clearly in the public interest to improve the safety of motorists across the Island of Puerto Rico
. Currently the se operations are conducted using traditional survey techniques in order to map areas required to build 3D models. These methods require survey technicians to operate close to moving traffic, often where vehicular accidents have occurred or crime science previously due to unsafe road conditions. The ability for Melvin Soberal 

### to utilize a UAS in order to map crime scenes and traffic collision scenes greatly improves the safety for technicians by removing personnel and equipment from potential harm caused by unsafe or inattentive drivers. Use of manned aircraft is typically not feasible and therefore valuable information remains beyond the reach of the technician . In almost all cases, use of a UA is quicker and easier than any other alternative and often yields better information. Due to their small size and the fact they carry no fuel the DJI Phantom pose s a very low risk of damage to persons, structures , or vehicles on the ground. Because these UA are electric powered, they create no harmful emissions an d make very little noise. 

## CONCLUSIONS **:** Melvin Soberal respectfully requests that the FAA grant the exemption sought in this request. I believe that considering the small size and weight of the UAS, along with the UAS PIC training and certification requirements stipulated above and the strict operating guidelines proposed herein, it is clearly demonstrated that the UAS will be operated safely in the national air space (NAS) with an equivalent or greater level of safety compared to manned aircraft. I am prepared to modify or amend any part of this request as deemed necessary by the FAA to satisfy the need for an equivalent level of safety. Please contact me at any time if you require additional information or clarification. 

### I thank you for your consideration. Sincerely,
M elvin Soberal