Submitted by:

Peter Aviles

21 NW 1st Avenue, #1212

Dania Beach, FL 33004

(786) 546-6653

rinconol@yahoo.com

Scope

Enhance and augment real estate listing videos by using the Phantom 3

Professional Unmanned Aircraft System to conduct aerial photography and 

videography of real property for marketing and inspection purposes.

UAV Phantom 3 Professional

The DJI Phantom 3 is a quad-rotor Unmanned Aircraft System (UAS) 

weighing less than 3 pounds. The Phantom 3 UAS that Peter Aviles will

be responsible for also utilizes a mobile ground station. The UAS features

a safety Return to Home function that in the event of a signal loss, the

UAS will return to a preset position and land. The Return to Home feature

can also be triggered manually. The remote connects to a phone or tablet,

and a 720p HD view of everything the camera sees as one flies is

displayed live. This immersive view streams to the screen in absolute

clarity, enabling safe flying. From takeoff to landing, the Phantom 3 

responds to commands while automatically handling the most complex

aspects of safe, stable flight.

Request

An exemption from 91.7(a), 91.119, 91.121, 91.151(a), 91.405(a),

91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) of Title 14, Code of

Federal Regulations (14 CFR) as was granted to Ralph J. Apel in Exemption

No. 11410

Petition

I request an exemption from TITLE 14 OF THE CODE OF FEDERAL 

REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c);

91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417

(a) and (b)

The Extent Of Relief That Peter Aviles Seeks

1. Extent of Relief that Peter Aviles seeks regarding Section 61.113 (a) and

(b) Private Pilot Privileges and Limitations:
Relief from Section 61.113 (a) and (b) is requested to allow a Pilot in 

Command holding a current Private Pilots Certificate to operate Peter 

Aviles’ Phantom 3. The flight would be complimented by a Visual Observer 

who, along with the pilot, will maintain Visual Line of Sight with the 

Phantom 3 at all times. All operations conducted will be incidental to Peter 

Aviles’ business. The Phantom 3 is not able to carry passengers.

2. Extent of Relief that Peter Aviles seeks in regards to Section 91.7(a):

Civil Aircraft Airworthiness Relief from Section 91.7(a) is requested to allow

Peter Aviles to determine airworthiness of the Phantom 3. As part of this

determination, the following will be adhered to:

a. Prior to the Phantom 3's flight the PIC will inspect the UA to ensure it is 

in a condition that will be conducive for a safe flight. The ground control

station will be included in the above inspection.

b. Peter Aviles will follow the DJI Phantom 3’s aircraft/component, 

maintenance, overhaul, replacement, inspection and life limit requirements.

c. Peter Aviles will comply with all DJI manufacturer Safety Bulletins.

3. Extent of Relief that Peter Aviles seeks in regards to Section 91.119:

Minimum Safe Altitudes General relief from 91.119 is requested to allow 

Peter Aviles to operate the Phantom 3 at altitudes not to exceed 400’ AGL 

over private property at a distance at or greater than 5NM from the nearest 

airport as depicted on current Aeronautical Charts. Peter Aviles also wishes to 

be granted exemption to operate at an altitude not greater than 50’ AGL 

(below tree level) between 1NM and 5NM from the nearest airport as depicted

on current Aeronautical Charts.

Peter Aviles will adhere to the following in order to maintain an

acceptable level of safety associated with operations over private

property:

(a) Peter Aviles will display signs in the immediate vicinity of

operations stating: “Aerial Photography In Progress. Use Caution.”

(b) Peter Aviles will not allow the Phantom 3 to operate at a speed greater

than10kts.

(c) Peter Aviles will require the UAS operator (PIC) to be fully trained on the

Phantom 3 by adhering to the recommendations contained within the

Phantom 3’s operating manual.

(d) Peter Aviles will have accumulated and logged, in a manner

consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time

as a UAS rotorcraft pilot including at least 10 hours logged as a UAS

pilot with a multi-rotor UAS. In addition the operator will have logged a 

minimum of 5 hours as a UAS pilot operating the make and model UAS

that Peter Aviles operates. 
(e) Peter Aviles will be familiar with and able to manually institute the 

Phantom 3’s Return to Home (RTH) feature. This feature aborts a flight 

operation and automatically returns the UAS to a predetermined GPS

safe point.

(f) Peter Aviles will not operate over private property without first finding a

suitable alternate landing spot on the property.

(g) Peter Aviles will abort the flight in the event of unpredicted obstacles

or emergencies in accordance with the operating documents.

(h) Peter Aviles will utilize a two man flight team consisting of the Pilot in

Command (PIC) and a Visual Observer (VO). This team will maintain visual 

line of sight with the Phantom 3 at all times and remain within hearing of

one another.

(i) Peter Aviles will not permit flight around vessels, vehicles and

structures without permission from the owner.

4. Extent of Relief that Peter Aviles seeks in regards to Section 91.121

Altimeter Settings:

Relief from 91.121 is requested because the Phantom 3 utilizes electronic

GPS with a barometric sensor.

In order to maintain an equal level of safety that 91.121 requires, the PIC of 

the Peter Aviles’ UAS will abort the flight in the events that the UA loses 

communications with the GPS signal.

5. Extent of Relief that Peter Aviles seeks in regards to Section 91.151(b)

Fuel Requirements for Flight in VFR Conditions:

Relief from 91.151(b) is requested to the extent that allows Peter Aviles to 

operate the Phantom 3 up to a point (considering wind and forecast weather

conditions) that there is enough power to fly at normal cruising speed to the

intended landing point and land the UA with 30% battery power remaining.

6. Extent of Relief that Peter Aviles seeks in regards to Sections 91.405(a),

91.407(a)(1), 91.409(a)(1), and (a)(2), 91.417(a) and (b):

These are all associated a with Airworthiness certificate.

Relief from 91.405(a), 91.407(a)(1), and (a)(2), And 91.417(a) and (b) is

requested to the extent that allows Peter Aviles to operate the Phantom 3

Quad-Copter as necessary. These sections are all related to airworthiness 

certificates of aircraft. There is not currently an airworthiness certificate for 

small UAS’s. Peter Aviles would comply in full to any conditions and 

limitations that the Administrator would place in order to receive an 

approved Grant of Exemption.
Public Interest

Aerial videography for real property has been around for a long time through

manned fixed wing aircraft and helicopters, but for small business owners, it's

expense has been cost-prohibitive. Granting this exemption to

me would allow me to provide this service at a much lower cost. My UAS

will pose no threat to the public given its small size and lack of combustible 

fuel when compared to manned aircraft. The operation of my UAS will

minimize ecological damage and promote economic growth by providing

information to companies in the area.

Conclusion

As set forth herein, Peter Aviles seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA), which will permit safe operation of the DJI Phantom 3 UAS

commercially within the Real Estate markets. The Administrator will be

assisting small business by granting this petition. In accordance with the

FAA Modernization and Reform Act of 2012, Peter Aviles respectfully 

requests that the FAA Administrator grants this petition for exemption from 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS

61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a);

91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b).