Publika Corp.

Carlos	Camacho	Maldonado

U.S. Department of Transportation

Docket Operations, Room W12-140

West Building Ground Floor

1200 New Jersey Avenue, S.E.

Washington, D.C. 20590

RE: Petition of Publika Corp. for Exemption pursuant to Section 333 of the FAA 

Reform Act.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ( the 

“REFORM ACT”), and 14 CFR part 11, Publika Corp., Carlos Camacho Maldonado 

and Jose Luis Marquez Colon (the “Applicant”), private pilot (instrument rating 

certificate and currently finishing his commercial license training) and operator of Small 

Unmanned Aircraft Systems (“sUAS”) equipped with camera to conduct: aerial 

photography and videography, hereby applies for an exemption from certain Federal 

Aviation Regulations (FARs) to allow commercial operation of its sUAS, as long as such 

operations are conducted within and under conditions outlined herein or as may be 

established by the FAA as required by Section 333.1

SUMMARY

Publika Corp. is a media and technology company owned by Carlos Camacho and run 

by Jose Luis Marquez Colon, and plans to operate sUAS to provide commercial services 

including aerial surveying, event photography and videography, real estate photography 

and videography, site inspections.

Publika Corp. seeks and exemption to operate the DJI Phantom 3 Professional system 

for compensation or hire within the National Airspace (NAS). The Phantom 3 is a vertical 

takeoff and landing sUAS with a Ground Control Station utilizing electronic tablet or 

smartphone system. The Phantom 3 Professional has a maximum gross weight of 

approximately 2.8 pounds, with a diagonal dimension of 23.2 inches, and a maximum 

speed of 16.4 feet per second. The Phantom 3 is equipped with four main rotors and 

driven by Lithium Polymeter battery powered electric motors.

The UAS has created a big impact and oftentimes seen as superior to helicopters due to 

the low cost, smaller device and personal costs reduce noise and much smaller 

environmental impact, which promote public safety. The Applicant is petitioning for an 

exemption to enable Publika Corp., to operate the Phantom 3 equipped with three-axis 
camera gimbal and a 4K small camera. This sUAS has a built capacity to limit the height 

in flies above the ground, and to limit the radius of the distance it flies from the operator. 

The Phantom 3 also has the fail safe function of the autopilot system which means if the 

communication between the main controller and the transmitter is disconnected, the 

outputs of all command sticks from the controller will go to the center position, and the 

system will automatically trigger RETUN TO HOME and will land safely.

A copy of the Phantom 3 User Manual and Safety Guidelines are attached to this 

Application and should be referred to for all performance limitations and flight 

operations.

A copy of the checklist made by the applicant is attached to this Application. The same 

was made using the Phantom 3 User Manual to improve safety and to ensure that all the 

components of the sUAS are in place and secure.

Publika Corp. seeks and exemption to operate the DJI Inspire 1 system for 

compensation or hire within the National Airspace (NAS). DJI Inspire 1 is a vertical 

takeoff and landing sUAS with a Ground Control Station utilizing electronic tablet or 

smartphone system. DJI Inspire 1 has a maximum gross weight of approximately 2.9 

pounds, with a diagonal dimension of 26.2 inches, and a maximum speed of 44.4 feet per 

second. DJI Inspire 1 is equipped with four main rotors and driven by Lithium Polymeter 

battery powered electric motors.

The UAS has created a big impact and oftentimes seen as superior to helicopters due to 

the low cost, smaller device and personal costs reduce noise and much smaller 

environmental impact, which promote public safety. The Applicant is petitioning for an 

exemption to enable Publika Corp., to operate the DJI Inspire 1 equipped with threeaxis camera gimbal and a 4K small camera. This sUAS has a built capacity to limit the 

height in flies above the ground, and to limit the radius of the distance it flies from the 

operator. DJI Inspire 1 also has the fail safe function of the autopilot system which means 

if the communication between the main controller and the transmitter is disconnected, the 

outputs of all command sticks from the controller will go to the center position, and the 

system will automatically trigger RETUN TO HOME and will land safely.

A copy of the DJI Inspire 1 User Manual and Safety Guidelines are attached to this 

Application and should be referred to for all performance limitations and flight 

operations.

A copy of the checklist made by the applicant is attached to this Application. The same 

was made using the DJI Inspire 1 User Manual to improve safety and to ensure that all 

the components of the sUAS are in place and secure.

The sUAS will operate only in line of sight and will operate in accordance with the User 

Manual. All flight will occur over private or controlled access property with the property 
owner’s or their duly appointed representative’s prior consent and knowledge.

The sUAS will be operated by Jose Luis Marquez Colon. Jose Luis Marquez Colon 

possesses a private pilot license with instrument rating certificate and is finishing his 

commercial license training. Jose Marquez has over 230 hours total time. Jose Marquez 

has significant training and experience operating the DJI Inspire 1, approximately 45 

hours in operation of the DJI Inspire 1. Jose Marquez will ensure that the sUAS is safely 

operated at all times.

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft 

Systems,” provides a mechanism for seeking expedited FAA authorization of safe civil 

UAS operations in National Airspace (“NAS”). Section 333(a) states that the FAA “shall 

determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the (comprehensive) plan and rule making required 

by Section 332(b)(1) of this Act or the guidance required by section 334 of the Act.” In 

Section 332(b)(1), Congress made it clear that Section provides a mechanism for 

“expedited operation authorization” if several factors are met. The Applicant meets all 

requirements to permit FAA approval of commercial UAS operations and such an 

exemption should be granted.

In accordance with 14 CFR § 11.81, the Applicant provides the following information in 

support of its petition for exemption.

I. Contact Information

Publika Corp.

Carlos Camacho y/o Candido Clemente 

315 Calle Coll y Toste Urb. Baldrich San Juan, P.R. 00901

info@publikapr.net

Private Pilot FAA Number 3633246

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which

Annapolis Drone Operations, LLC Requests Exemption are:

14 CFR Part 21 Subpart H

14 CFR Part 27, Airworthiness Standards: Normal Category Rotorcraft

14 CFR § 45.23(b)

14 CFR § 61.113(a) & (b)

14 CFR § 91.7(a)

14 CFR § 91.9(b)(2)

14 CFR § 91.103

14 CFR § 91.109

14 CFR § 91.119

14 CFR § 91.121
14 CFR § 91.151(a)

14 CFR § 91.203(a) & (b)

14 CFR § 91.205(b)

14 CFR § 91.215

14 CFR § 91.405(a)

14 CFR § 407(a)(1)

14 CFR § 409(a)(2)

14 CFR § 417(a) & (b)

14 CFR § 91.401-91.417

III. The extent of relief you seek, the reason you seek the relief, and the reasons why 

the exemption will not adversely affect safety.

14 CFR Part 21, Subpart H: Airworthiness Certificates & 14 CFR § 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by 14 CFR § 91.203(a)(1). Given 

the size and limited operating area associated with Phantom 3, an exemption from Part 

21, Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act.

The Federal Aviation Act (49 USC § 44701(f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircrafts 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 particular UAS. In all cases an analysis 

of these criteria demonstrates that a sUAS operated without an airworthiness certificate, 

in the restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed-wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed.

Here an equivalent level of safety will be reached because the sUAS to be operated here 

under is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and carries no 

explosive materials or flammable liquid fuels. Based on the sUAS’s light weight and 

carbon fiber and plastic construction, the sUAS will be at least as safe, if not safer than a 

conventionally certificated aircraft performing the same mission.

These safety enhancements, which already apply to civil aircraft operated in connection 

with existing inspection operations, provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates 

issued under 14 CFR Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the sUAS due 

to its size, speed of operation, location of operation, lack of explosive materials or 
flammable liquid fuels, and inability to carry a substantial external load.

14 CFR Part 27: Airworthiness Standard: Normal Category Rotorcraft.

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the Applicant’s sUAS would otherwise require 

certification under Part 27, as a rotorcraft, the Applicant requests an exemption from Part 

27’s airworthiness standard for the same reasons identified in the exemption request from 

14 CFR Part 21, Subpart H.

14 CFR 45.23(b), 45.27(a) and 91.9(c) – Marking and Identification Requirements

The Application seeks an exemption from the aircraft marking and identification 

requirements in 14 CFR 45.23(b), 45.27(a), and 91.9(c). These regulations require that 

when marks include only the 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 certain terms near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than two inches or more 

than six inches high. Here, the sUAS will not be issued an airworthiness certificate and 

there will be no cabin or cockpit upon which certain words may be displayed. An 

equivalent level of safety for these exemptions will be reached by having the

sUAS marked on its fuselage where the pilot, observer, and others working with the 

sUAS will see the identification of the sUAS as “Experimental”. The Applicant will also 

comply with any further requests for sUAS markings by the FAA.

14 CFR 61.113 Private pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as a 

Pilot in Command (“PIC”) of an aircraft for compensation or hire. Subpargraph (b) 

allows a private pilot to act as a PIC of an aircraft in connection with any business or 

employment if the flight is incidental to that business or employment, and the aircraft 

does not carry passengers or property for compensation or hire. Because the sUAS will 

not carry a pilot or passengers and is inherently stable with a sophisticated computer and 

GPS controls, the proposed operations meet the equivalent level of safety as the 

regulation by requiring the PIC operating the sUAS to have significant and extensive 

experience operating the sUAS in a non-commercial environment. Furthermore, the area 

of operation is controlled and restricted, and all flights are planned and coordinated in 

advance according to the User Manual, and the flights are of limited duration and 

altitude.

14 CFR 91.7 Civil Aircraft Airworthiness.
No such airworthiness certificate will be issued for the sUAS and therefore this 

regulation is inapplicable to the Applicant’s sUAS. The Applicant will ensure that the 

sUAS is in airworthy conditions based upon compliance with the operating documents 

prior to every flight, and determine that the sUAS are in safe operational condition. Given 

the size of the sUAS and the requirements contained in the User Manual for maintenance 

and use of safety checklists prior to each flight, an equivalent level of safety will be 

provided.

14 CFR 91.9 Civil Aircraft flight manual, marking and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. The applicant believes the intent of this regulation is to 

ensure that flight manual information is available to the aircrew while operating the 

aircraft. The Applicant requests an exemption because the aircraft to too small to carry 

the documentation, and the documentation would not be available to the crew during 

flight operations. To obtain an equivalent level of safety and meet the intent of Section 

91.9, the Applicant proposes that a User Manual be made available to the crew at the 

ground station anytime the aircraft is in or preparing for flight.

14 CFR 91.103 Preflight Action.

The Application seeks an exemption from 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in 

the FAA approved Flight Manual on board the aircraft. An FAA approved Flight Manual 

will not be provided for the sUAS, and therefore an exemption is required. An equivalent 

level of safety will be provided by following the sUAS Manual’s comprehensive preflight 

checklist. The PIC will take all actions, including reviewing weather, flight battery 

requirements, landing and takeoff distances, and aircraft performance data, before 

initiation of flight. The PIC would have a checklist to follow, to ensure that all items are 

checked, to improve safety.

14 CFR 91.119 Minimum Safe Altitudes.

The regulation establishes safe altitudes of civil aircraft and states that the minimum safe 

altitude requirements, under which an aircraft may not operate, include 500 feet above 

the surface and away from any person, vessel, vehicle or structure in non-congested 

areas. Section 91.119(d)(1) allows for a helicopter to operate at less than those altitudes 

when it can be operated without hazard to persons or property on the surface, provided 

that each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopter by the FAA. To provide the intended photography 

and inspections the sUAS will normally need to be operated within a range of between 50 

and 200 feet from the property being filmed or photographed, and therefore an exemption 
is required. The Applicant submits that an equivalent level of safety may be achieved 

because operations will only be flown over property or persons where permission has 

been obtained and careful pre-planned flight path has been performed. The aircraft will 

be operated at a low altitude allowing, if the power fails, for an emergency landing 

without undue hazard to persons or property on the surface. Based on the small size of 

the UAS, the hazard to persons, vehicles and structures is limited when compared to 

manned aircraft, which should be considered in granting the exception.

14 CFR 91.121 Altimeter settings.

This regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly 

below 400 feet above ground level (“AGL”) and will not need to maintain cruising 

altitudes in order to prevent conflict with other aircraft. An equivalent level of safety will 

be achieved by following the procedures set for in the User Manual, and the PIC will use 

the GPS altitude indicator to constantly monitor the sUAS height, thus ensuring operation 

at safe altitudes. 

14 CFR 91.151 Fuel Requirements for flight in VFR Conditions.

The regulation provides that no person may begin a flight in an airplane under VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes, or if in a rotorcraft for at least 30 minutes. The 

Applicant believes that the intention of this paragraph is to provide an energy reserve as a 

safety buffer for delays to landing. The battery powering the sUAS provides for 

approximately 23 minutes of powered flight. An equivalent level of safety can be 

achieved by limiting flights to 20 minutes or 30% of remaining battery power, whichever 

happens first. This restriction would be more than adequate to return the sUAS to its 

planned landing zone from anywhere within its limited operating area. Operation

of the sUAS with less than 30 minutes of reserve fuel does not engender the type of risks 

that. Moreover, operation will be limited to controlled areas where only people and 

property owners or official representative who signed waivers will be allowed. Based on 

these considerations an equivalent level of safety will be ensured.

14 CFR 91.203(a) & (b) Civil Aircraft: Certifications Required.

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be “displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew.” Here the sUAS is 

too small to carry documentation, does not have an entrance, and is not capable of 
carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 

Section 91.203, the Applicant proposes that documents deemed appropriate for the sUAS 

be with the crew at the ground control station and available for inspection upon request. 

In order to identify the aircraft, we propose that the information found on airworthiness 

and registration certificates be permanently affixed to the aircraft view placard containing 

the following information plus the word experimental to satisfy

the requirement of 14 CFR 45.23.

14 CFR Subpart E, Sections 91.401-91.417 – Maintenance, Preventive Maintenance,

and Alterations

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be “approved for return to service by a person 

authorized under 43.7” after maintenance and inspection. It is the Applicant’s intention 

that the PIC perform maintenance and inspection of the aircraft and “be authorized to 

approve the aircraft for return to service.” The PIC will ensure that the aircraft is in an 

airworthy condition prior to every flight and in addition conduct detailed inspections after 

every two hours of flight. Maintenance performed by the PIC is limited to repairing small 

cracks, replacing a propeller, checking electrical connections and updating software and 

firmware for the on-board computer. All other maintenance will be performed by the 

manufacturer or their designated repair facility. The PIC will document work performed 

in accordance with 91.417. Due to the size, construction and simplicity of the aircraft, the 

PIC can ensure an equivalent level of safety is reached.

 IV. Safety and Benefits of the UAS to the Public as a whole

The Applicant will use the sUAS in a variety of applications that generally require 

expensive and full-size manned aircraft to complete. Small, light, unmanned aerial 

vehicles offer numerous benefits over the use of full-sized manned aircraft for real 

property inspections, and event film and still photography. The safe operation of sUAS 

will allow a wider range of individuals to obtain the benefits of aerial photograph, at a 

manageable and reasonable cost. The public as a whole will benefit from the safer and 

more cost-effective availability of aerial photography. Replacing larger manned aircraft 

carrying crew and flammable materials with small UAS carrying no passengers or crew 

provides increased safety for pilots and crew. By granting the Applicant’s requested 

exemptions, the FAA will assist with the development and safety of commercial sUAS 

operations. Therefore, the FAA has good cause to grant this application.

V. A Summary for Publishing in the Federal Register

Annapolis Drone Operations, LLC seeks an exemption from the following rules:
14 CFR Part 21; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 61.113(a) & (b); 14 CFR

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14

CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) & (b); 14 CFR 91.405(a); 14 CFR

91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417(a) & (b).

Publika Corp., LCC seeks this exemption for the purposes of conducting aerial 

photography, videography and inspections for commercial and residential real estate, 

legal, construction and insurance industries, and event photograph and videography. 

Publika Corp., LLC does not intend to operate the sUAS outside of the United States.

VI. Conclusion.

As set forth herein, Publika Corp. seeks an exemption pursuant to 14 CFR 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe 

operation of the DJI Phantom 3 UAS commercially, without an airworthiness certificate, 

for the limited purpose of conducting aerial video and photography over certain areas of 

the United States. By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Reform Act of 2012 while also 

advancing the interest of the public, by allowing the safe, efficient and economical 

operation of the DJI Phantom 3 UAS commercially within the NAS.

_________________________________

President Signature

Publika Corp. 

Carlos A Camacho Maldonado

Coll y Toste #315

San Juan PR, 00901

info@publikapr.net

Dated: 02/11/2016.