**January 29, 2016**

**Hector Berlingeri Olmo 6983, Carr 187 Apt 65B**  **Carolina, PR 00979**

**787-637-9967 hhberli@gmail.com** 

**U.S. Department of Transportation Docket Management System**  **1200 New Jersey Ave., SE Washington DC 20590** 

**Re: Exemption Request Pursuant to Section 333 of th e FAA Reform Act** 

**To Whom It May Concern;**

**Pursuant to Section 333 of the Federal Aviation Adm inistration (FAA) Modernization and**  **Reform Act of 2012 and Title14 Code of Federal Regu lations Part 11, I, Hector Berlingeri**  **Olmo, operator of Unmanned Aircraft Systems (UAS), hereby applies for an exemption**  **from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small**  **Unmanned Aircraft Systems (UAS) commercially in air space regulated by the FAA so**  **long as such operations are conducted with and unde r the conditions outlined herein or**  **as may be established by the FAA as required by Sec tion 333.** 

**The requested exemption would permit Hector Berling eri Olmo to pursue its commercial**  **interests in providing aerial data capture to clien ts using a small advanced UAS in the**  **following areas; Inspection, General Photography an d Videography, Mapping, Surveying,**  **Special Events, Agriculture, Cattle, Real Estate, M arketing and Search and Rescue.** 

**The exemption would allow the operation of designat ed UAS as set forth in this document**  **under controlled conditions in the National Airspac e System (NAS) that would be limited,**  **controlled, predetermined and safe. Approval of th is exemption would increase public**  **awareness of UAS operations and enhance safety to a id in fulfilling the Secretary of**  **Transportation's (the FAA Administrator's) responsi bilities to establish requirements for**  **the safe operation of such aircraft systems in the national airspace system.** 

**The name and address of the petitioner is; Hector Berlingeri Olmo**  **6983, Carr 187 Apt 65B Carolina, PR 00979** 

**787-637-9967 hhberli@gmail.com** **Regulations from which the exemption is requested a re;** 

**14 CFR Part 21 subpart H; 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 91.119; 14 CFR 91.121;**  **14 CFR 91.151(a); 14 CFR 91.203 (a) and (b);**  **14 CFR 91.405 (a); 14 CFR 91.407 (a) (1);**  **14 CFR 91.409 (a) (1) and (2); 14 CFR 91.417(a) and (b)** 

**I, Hector Berlingeri Olmo, am a Civil Engineer and Real Estate Appraiser. I will operate**  **two of the following UAS: DJI Phantom 2 Vision Plus and/or DJI Phantom 3 Prof**  **essional. (See Addenda for model specifications). I have bee**  **n flying these UAS’s for over a year and in doing so, safety precautions and regulations**  **have always been a top priority.**

The Unmanned Aircraft System (UAS) **The UAS’s mentioned have quad copter configurations and are powered by lithium**  **batteries with a charge that limits flight times to approximately 25 minutes. They weigh**  **less than 50 ounces and are designed primarily to c arry a high definition camera. They**  **have maximum speeds of less than 40 miles per hour and to maintain geospatial**  **orientation and position utilize a global positioni ng system (GPS). The UAS’s are**  **controlled by a radio control unit (RC) certified b y the FCC. Real time video and telemetry**  **information are transmitted back to the ground cont rol station allowing the operator and/or**  **pilot in command (PIC) to monitor GPS signal streng th, altitude, distance from the ground**  **control station, camera imagery and angle and batte ry level. In the event of a GPS or RC**  **loss of signal they are equipped with safety techno logy features known as “return to** 

**home” and “auto land”.**

**Because the size, weight, speed, and limited operat ing area, the UAS is not a typical**  **aircraft. I am requesting exemption from 14 CFR Par t 21, Subpart H and Section 91.203**  **(a) and (b). The UAS’s to be operated are less than 55 lbs. fully loaded, carry neither a**  **pilot nor passenger, carry no explosive materials n or flammable liquid fuels, and operate**  **exclusively within a secured and designated area. U nlike other civil aircraft, operations**  **under this exemption will be tightly controlled and monitored by the operator and under**  **the requirements and in compliance with local publi c safety requirements.** 

**Given that Section 91.7(a) prohibits the operation of an aircraft without an airworthiness**  **certificate, I am requesting exemption since there is currently no certificate applicable to**  **this operation. If exemption to 14 CFR part 21, Su bpart H and Section 91.203 (a) and (b)**  **is granted, then this regulation would be inapplica ble.** **I am also requesting exemption from Section 45.23 s ince the UAS’s do not have an** 

**entrance to a cabin, cockpit or pilot station on wh ich the word “Experimental” can be**  **placed. Also, given the size of the UAS, it would be difficult to use two inch lettering for**  **the required markings. I will be sure to mark the f uselage with the word "Experimental" in**  **the largest possible lettering as required by Secti on 45.29(f) so that anyone can see the**  **markings.**

**Because an altimeter is not used in flight of the U AS, I am also requesting exemption**  **from Section 91.121. The UAS is equipped with elec tronic GPS and radio**  **communications telemetry data link which play a lar ge role in the stability and orientation**  **of the aircraft. They also aid in the flight safety features such as "return to home" and** 

**"auto land".**

**Additionally, I am also requesting exemption from t he requirements of Section 91.151(b),**  **entitled Fuel Requirements for Flight in Visual Fli ght Rules (VFR) conditions since that**  **safety will not be affected by operation of the DJI Phantom 2 and DJI Phantom 3 UAs**  **during daylight hours in visual meteorological cond itions (VMC) under visual flight rules**  **(VFR), with enough battery power to fly for a total duration of approximately 14.5 minutes**  **to the first point of intended landing and, assumin g normal cruising speed, to fly after that** 

**for at least 4.5 minutes.**

**Also, given that Sections 91.405(a), 91.407(a) (1), 91.409(a) (2), and 91.417(a) and (b)**  **only apply to aircrafts with airworthiness certific ates, I am requesting an exemption from**  **these sections as well. Before each flight, a safet y checklist is used to ensure that all**  **electrical and mechanical components are working pr operly and fuselage integrity is in** 

**order.**

**Due to the sizes of the UAS’s, since they do not ca rry on-board pilot or passengers, there**  **is no reason to have a flight manual within the air craft. For this reason, I would also**  **request exemption from Section 91.9(b) (2). I carr y a copy of each of the UAS’s flying**  **guides and technical data in the containers used fo r storage and transport.** 

**Since the UAS will be operated in a controlled envi ronment and because of its small size**  **and weight, the operations will comply with the Ref orm Act safety requirements and do**  **not present a threat to national security.**

The UAS Pilot in Command (PIC) **With over a year of experience flying the above men tioned UAS’s, I have become very**  **familiar with the warning and communication systems on board. Before each flight I**  **perform an inspection to ensure everything is opera ting properly and nothing is damaged.**  **Both before and during flight, I am able to tell if the UAS has GPS lock and also the level**  **of battery charge remaining. Because I will always remain in line of sight with the UAS, I**  **am able to take any corrective actions if the batte ry becomes low or if the GPS lock is**  **lost. With the concern of safety for people, proper ty, and the equipment, I only plan on** **flying during periods of low wind speed and during parts of the day with little thermal** 

**activity to ensure the safest flight.**

**With my UAS flight experience and the safety measur es I have implemented while flying,**  **I would like to request an exemption from Section 6 1.113 (a) and (b) because the dangers**  **involved with operating a UAS are far less than the dangers present in commercial**  **activities outlined in 14 CFR part 61. Although hel pful in understanding air currents and**  **weather patterns, a pilot's license does not aid in remote controlled piloting skills. Because**  **there is no on-board pilot or passengers, I am able to achieve an equivalent level of safety**  **while flying the UAS using the FAA's operating para meters while also including some of**  **my own safety guidelines detail below. Additionall y, due to the UAS' size, weight, speed,**  **operating area, and limited battery life, the risk of serious damage is significantly smaller** 

**than that of a full sized manned aircraft. I would also like to request your consideration**  **of a 120 day temporary airman certificate in accord ance with Section 63.13 to allow the** 

**FAA time to establish minimum UAS airman certificat ion standards. Once said standards**  **are in place, I will be sure to take the appropriat e actions to become fully certified as a**  **UAS pilot.**

**Section 91.103(b) requires each pilot in command to take certain actions before flight to**  **insure the safety of flight such as become familiar with runway lengths and takeoff and**  **landing distance information. Because the UAS is a ble to take off vertically and does not**  **require the use of a runway, I am also requesting e xemption from this section.**  **Additionally, I always fly with the GPS flight safe ty features enabled so in the event of a**  **control link failure, I would be able to land the U AS in the same location from which it took**  **off with the push of a button.**

**In regards to Section 91.119, I only plan to operat e my UAS below 300 feet above ground**  **level (AGL) and will not operate near populated are as including crowds, stadiums, heavy**  **traffic, or within 5 miles of an airport. I feel th at by doing this I am able to achieve a level**  **of safety greater than those prescribed in relation to minimum safe altitudes, thus I am**  **also requesting exemption from this section.**

UAS Operating Safety Standards **The safety of people, property and equipment are my primary concern. I am always**  **informed of the meteorological conditions, surround ing structures, obstructions and other**  **safety issues. After reviewing and comparing other individual's operating procedures to**  **my own, I have developed the following UAS Safety S tandards:** 

**-Flights will be operated within line of sight of t he Pilot in Command (PIC) and/or Visual**  **Observer (VO).**

**- The PIC and VO will have been trained in operatio n of UAS and receive up to date**  **information for the particular UAS to be operated.**

**- The PIC and VO will be able to communicate by voi ce and/or radio at all times.** **-All flight activities will be logged.**

**-A safety briefing will be performed prior to each day's flights consisting of all the days'**  **production activities.**

**-Flights will not be closer than a 5 mile radius of the geographic center of a tower**  **controlled airport.**

**- Flights will be operated at an altitude of no mor e than 400 feet above ground level (AGL)**  **and not more than 200 feet above an elevated platfo rm from which filming is planned.** 

**- Maximum flight time for each operational flight w ill be depending on the UAS model in**  **operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power**  **reserve or 30 minutes of flight time whichever occu rs first.** 

**-Warning signs will be posted indicating that aeria l imagery is in progress and to stay back**  **for safety.**

**- The operator will obtain verbal/written consent o f all persons involved with the planned**  **operation and ensure that only consenting persons w ill be allowed within 100 feet of the**  **flight operation.**

**- Written and/or verbal permission and permits will be obtained from territorial, state,**  **county or city jurisdictions, including law enforce ment, fire or other appropriate**  **governmental agencies as appropriate to flight oper ations.** 

**- In the event of a GPS or RC loss of signal, the U AS will have the capability to abort a**  **flight in case of emergencies with safety technolog y features known as “return to home”** 

**and “auto land” function.**

**-Due to the heightened risk of injury or damage to others, I never fly above people or**  **public in areas such as crowds or stadium.**

Public Interest **As the UAS technology advances and safety features are enhanced, there are more and** 

**more uses for these devices for civil use. Uses of an UAS would enhance safety and**  **reduce the environmental impact as compared with ma nned aircraft of greater**  **proportions, carrying a crew and flammable fuel. P erforming inspections with an UAS will**  **minimize the risk to persons attempting to reach or climb problem or dangerous areas.**  **Also there are many sectors that could benefit from the low cost of UAS aerial imagery.**  **Traditionally, this is done using manned aircrafts which is very expensive. The technology**  **now allows an UAS to gather aerial imagery at a fra ction of the cost.** 

**In addition I will make the UAS and myself availabl e to local authorities such as fire and**  **police departments to perform search and rescue ope rations or other similar operations**  **as requested. The applicant, Hector Berlingeri Olmo, respectfully**  **believes this exemption request and**

**associated safety considerations adequately satisfy criteria provided in Section 333 of the**  **Reform Act of 2012, providing sufficient justificat ion for the granting of commercial**  **operations of the applicant's UAS. The applicant, H ector Berlingeri Olmo, requests your**  **respective approval of this Section 333 exemption p etition request. Thank you for your** 

**interest and attention in this matter. Thank You f or your interest and consideration in this**  **request**

**Sincerely,**

**___________________**

**Hector Berlingeri Olmo**

## AddendaPhantom 3 Professional SpecificationsPhantom 2 Vision Plus Specifications