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

EXEMTION REQUEST UNDER SECTION 333 OF 

THE FAA REFORM ACT AND PART 11 OF THE FEDERAL

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 2016

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Dear Personal of Federal Aviation Administration.

Thanks in advance and in pursuant 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 for aerial data collection in death mapping and reconstruction of crime scenes. 

These applications would utilize in drawings, 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 

holds 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 2016

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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.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en_v1.2.pdf

User Manual - http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

Battery Safety Guide - http://download.djiinnovations.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 life 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 2016

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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 been 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 scene 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 and 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 prohibited from beginning a flight unless the UA’s battery level is at 75% or higher, the PIC must begin returning 

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 operation 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 2016

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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 safety, 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 not 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, our traffic collision models 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 these 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 poses 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 and 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, 

Melvin Soberal