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 the FAA Reform Act 

To Whom It May Concern; 

Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and 

Reform Act of 2012 and Title14 Code of Federal Regulations 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 airspace regulated by the FAA so 

long as such operations are conducted with and under the conditions outlined herein or 

as may be established by the FAA as required by Section 333. 

The requested exemption would permit Hector Berlingeri Olmo to pursue its commercial 

interests in providing aerial data capture to clients using a small advanced UAS in the 

following areas; Inspection, General Photography and Videography, Mapping, Surveying, 

Special Events, Agriculture, Cattle, Real Estate, Marketing and Search and Rescue. 

The exemption would allow the operation of designated UAS as set forth in this document 

under controlled conditions in the National Airspace System (NAS) that would be limited, 

controlled, predetermined and safe. Approval of this exemption would increase public 

awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of 

Transportation's (the FAA Administrator's) responsibilities 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 are; 

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 Professional. 

(See Addenda for model specifications). I have been 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 carry 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 positioning system (GPS). The UAS’s are 

controlled by a radio control unit (RC) certified by the FCC. Real time video and telemetry 

information are transmitted back to the ground control station allowing the operator and/or 

pilot in command (PIC) to monitor GPS signal strength, altitude, distance from the ground 

control station, camera imagery and angle and battery level. In the event of a GPS or RC 

loss of signal they are equipped with safety technology features known as “return to 

home” and “auto land”. 

Because the size, weight, speed, and limited operating area, the UAS is not a typical 

aircraft. I am requesting exemption from 14 CFR Part 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 nor flammable liquid fuels, and operate 

exclusively within a secured and designated area. Unlike 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 public 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, Subpart H and Section 91.203 (a) and (b) 

is granted, then this regulation would be inapplicable. 
I am also requesting exemption from Section 45.23 since the UAS’s do not have an 

entrance to a cabin, cockpit or pilot station on which 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 fuselage with the word "Experimental" in 

the largest possible lettering as required by Section 45.29(f) so that anyone can see the 

markings. 

Because an altimeter is not used in flight of the UAS, I am also requesting exemption 

from Section 91.121. The UAS is equipped with electronic GPS and radio 

communications telemetry data link which play a large 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 the requirements of Section 91.151(b), 

entitled Fuel Requirements for Flight in Visual Flight 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 conditions (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, assuming 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 certificates, I am requesting an exemption from 

these sections as well. Before each flight, a safety checklist is used to ensure that all 

electrical and mechanical components are working properly and fuselage integrity is in 

order. 

Due to the sizes of the UAS’s, since they do not carry on-board pilot or passengers, there 

is no reason to have a flight manual within the aircraft. For this reason, I would also 

request exemption from Section 91.9(b) (2). I carry a copy of each of the UAS’s flying 

guides and technical data in the containers used for storage and transport. 

Since the UAS will be operated in a controlled environment and because of its small size 

and weight, the operations will comply with the Reform 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 mentioned 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 operating 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 battery becomes low or if the GPS lock is 

lost. With the concern of safety for people, property, 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 measures I have implemented while flying, 

I would like to request an exemption from Section 61.113 (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 helpful 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 parameters while also including some of 

my own safety guidelines detail below. Additionally, 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 accordance with Section 63.13 to allow the 

FAA time to establish minimum UAS airman certification standards. Once said standards 

are in place, I will be sure to take the appropriate 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 able to take off vertically and does not 

require the use of a runway, I am also requesting exemption from this section. 

Additionally, I always fly with the GPS flight safety features enabled so in the event of a 

control link failure, I would be able to land the UAS 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 operate my UAS below 300 feet above ground 

level (AGL) and will not operate near populated areas including crowds, stadiums, heavy 

traffic, or within 5 miles of an airport. I feel that 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, surrounding 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 Standards: 

-Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual 

Observer (VO). 

- The PIC and VO will have been trained in operation 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 voice 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 more than 400 feet above ground level (AGL) 

and not more than 200 feet above an elevated platform from which filming is planned. 

- Maximum flight time for each operational flight will 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 occurs first. 

-Warning signs will be posted indicating that aerial imagery is in progress and to stay back 

for safety. 

- The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will 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 enforcement, fire or other appropriate 

governmental agencies as appropriate to flight operations. 

- In the event of a GPS or RC loss of signal, the UAS will have the capability to abort a 

flight in case of emergencies with safety technology 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 manned aircraft of greater 

proportions, carrying a crew and flammable fuel. Performing 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 fraction of the cost. 

In addition I will make the UAS and myself available to local authorities such as fire and 

police departments to perform search and rescue operations 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 justification for the granting of commercial 

operations of the applicant's UAS. The applicant, Hector Berlingeri Olmo, requests your 

respective approval of this Section 333 exemption petition request. Thank you for your 

interest and attention in this matter. Thank You for your interest and consideration in this 

request 

Sincerely, 

___________________ 

Hector Berlingeri Olmo 

 
Addenda 

 
Phantom 3 Professional Specifications 

 
 
Phantom 2 Vision Plus Specifications