Mr. Carlos Duenas 

800 W 2300S 

Hangar 5N-12 

Hurricane, UT 84737 

September 19, 2015 

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590 

Re: Exemption Request under Section 333 - Small UAS 

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a 

mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. 

Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems (herein 

UAS), may operate safely in the national airspace system before completion of the 

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance 

required by section 334 of this Act.” In Section 332(b)(1), Mr. Carlos Duenas (herein the 

“Petitioner”) proposes the following exemptions and meets all requirements to permit FAA 

approval of commercial UAS operations. 

 

The proposed exemption, if granted, would allow the Petitioner to conduct commercial 

operations of small unmanned aircraft systems (“UAS”) meeting or exceeding all of the 

operational and safety requirements Congress has set forth in Section 333. 

The requested exemption would also support an application for a commercial Certificate of 

Authorization to use the below described UAS to support aerial photography and video on closed 

TV and movies. Motion Picture, to include boats, automobiles, marine property and extreme 

sports never operating over persons not directly involved with the UAS. 

Petitioner is an aerial, technical photography and videography entrepreneur that plans to exploit 

the capabilities of Unmanned Aerial Systems to offer a multitude of services, including: 

• Aerial surveying

• Agriculture surveying 

• Aerial filmmaking and photography

• Real Estate

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• Construction site inspections and monitoring

• Educational and research operations

• Closed Set Motion Picture Filming 

• Training and Demonstrations 

• Search and Rescue operations

The name and contact information of the Petitioner is: 

Mr. Carlos Duenas

800 W 2300S 

Hangar 5N-12 

Hurricane, UT 84737

Phone: (435) 668-1953

Email: pulsar747n@yahoo.com

Specific section or sections of 14 CFR from which exemption is sought:

14 CFR 21

14 CFR 36

14 CFR 45.23, 45.27

14 CFR 45.29

14 CFR 61.113, 61.133

14 CFR 91.9, 91.109

14 CFR 91.103

14 CFR 91.119, 91.121

14 CFR 91.151

14 CFR 91.203

14 CFR 91.405, 91.407, 91.409, 91.417

8900.227 Paragraph 16(c)(4)

The extent of relief sought is for the duration of the Grant of Exemption, unless otherwise 

specified. 

The reason to seek the relief are as follows:

On or about Sept 25, 2014 the FAA granted exemptions to six UAS operators, including Astraeus 

Aerial. The Petitioner requested exemptions would permit the operation of small, unmanned 

UAS under controlled and “sterile” conditions in the “outdoor television filming” airspace that 

is: (1) limited, (2) predetermined, (3) subject to controlled access, and (4) provide greater safety 

in connection with aircraft operations in the Outdoor film and television industry.

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As set forth in the attached “Motion Picture and Television Flight Operation 

Manual” (“MPTFOM”) submitted separately under 14 CFR 11. 35 (b), The Petitioner will 

Adhere to the terms of the Astraeus Exemption. 

As established by the exemptions already granted by the FAA, approval of the Petitioner’s 

exemption would enhance safety and fulfill 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. Section 333 © of the Reform act.

14 CFR 21 

The Petitioner requests relief from 14 CFR part 21. The UAS is a small rotorcraft weighing less 

than 55 pounds during operation. The UAS maximum speed is less than 100 mph and the 

operating area will be limited to the U.S.A. National Airspace System (NAS). The PIC will 

maintain VFR Rules flying at no more than 400 feet and will operate the UAS during the day in 

line-of-sight so as not to create a hazard to users of the National Airspace System or the Public or 

pose a threat to national security. 

14 CFR 36 

The Petitioner requests relief from any associated noise certification and testing requirements of 

part 36. As a note, according to the manufacturer’s specifications, the UAS operates below 50db 

within 150 feet. 14 CFR 45.23, 45.27 

The UAS does not currently display marks consisting of the Roman capital letter “N” followed 

by the registration number of the UAS in compliance with 14 CFR 45.23 and 14 CFR 45.27. The 

Petitioner will register the UAS with the FAA and ensure UAS is marked as appropriate before 

using the UAS in the NAS for commercial purposes. 

14 CFR 45.29 

The Petitioner request relief from the size requirements under this section due to the size 

limitations of the UAS. The Petitioner proposes to use marks as large as possible on the UAS as 

well as keep registration information with the PIC during operation. 

14 CFR 61.113 

The Petitioner currently does not have commercial pilot licenses and requests relief from 14 CFR 

part 61.113 The flight is only incidental to the proposed business or employment; and the UAS 

does not carry passengers or property for compensation or hire. 

14 CFR 91.9 

Relevant materials shall be kept in a location accessible to the PIC in compliance with the 

regulations. 

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14 CFR 91.103 

In regards to 91.103(b), the UAS will not be operated within any Class B, C, or D airport 

denoted in the current AFD unless a letter of agreement with that airport’s management or ATC is 

obtained or otherwise permitted by a COA issued to the exemption holder. The letter of 

agreement with the airport management can be made available to the Administrator or any law 

enforcement official upon request. For airports located in Class E or G, the UAS will not be 

operated within 5 nautical miles of the center of the airport as denoted in a current sectional 

charts, unless the airport operator or the airport air traffic control tower (when an air traffic 

facility is located at the airport) is provided with prior notice of the operation. UAS operations 

from a permanent location within 5 miles of an airport should be established with a mutually 

agreed upon operating procedure with the airport operator and the airport air traffic control tower 

(when an air traffic facility is located at the airport). 

The PIC will follow all other applicable pre-flight actions including reviewing weather, flight 

battery requirements, landings, and takeoff distances and UAS performance data before initiation 

of flight. 

14 CFR 91.109

The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The UAS ground-based 

control station consists of a small hand-held radio transmitter and while it does not offer a second 

set of "controls", both the student and instructor can, and will, operate the single set of controls 

simultaneously. With both student and instructor having "hands-on" the controls during flight, we 

feel that this technique meets the intent 91.109 and provides an equivalent level of safety. 

14 CFR 91.119(c) 

The Petitioner requests relief from this section because PIC will ensure the UAS is operated in 

controlled environments outside of populated areas away from public and traffic; avoiding of 

areas which are depicted in “yellow” on VFR charts, as well as obtaining and assessing 

information regarding congested areas from the local Flight Standards District Office (FSDO). 

The UAS will not be operated within 500 feet of vehicles or objects in open areas. The Petitioner 

requests that if barriers or structures are present that can sufficiently protect nonparticipating 

persons from the UAS or debris in the event of an accident, the PIC may operate closer than 500 

feet to persons afforded such protection. The operator will ensure that nonparticipating persons 

remain under such protection. 

14 CFR 91.121

Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by 

reference to an altimeter setting available within 100 NM of the aircraft. The UAS will always 

fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent 

conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff 

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point is transmitted via radio from the UAS on-board computer to the display screen held by the 

PIC, providing a constantly updated AGL readout.

14 CFR 91.151 

The Petitioner requests exemption from this section due to the maximum flight time available 

from this UAS. The UAS total flight time is limited to less than 30 minutes and therefore the PIC 

would not be able to meet the minimum standards and still conduct the inspections. The UAS is 

equipped with a visual battery indicator that displays the battery levels at all time. 

Additionally, the UAS has a visual alarm that indicates when the battery reaches a state of 20% 

to 30% battery life, or approximately 7 to 10 minutes of flight time. These indicators, coupled 

with pilot awareness and the emergency return-to- station setting will supply ample time to land 

the UAS safely in the event of low battery.

14 CFR 91.203 

The Petitioner requests relief from 14 CFR 91.203 as the appropriate airworthiness certificate 

does not exist for this UAS. Additionally, the certificate cannot be displayed in the UAS due to 

the size and physical structure of the UAS.

14 CFR 91.401, 405, 407, 409, 417 

The Petitioner requests relief from 14 CFR 91.405, 407, 409, and 417. The before-cited 

regulations require, in general, aircraft owners and operators to inspect the aircraft “...as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.” 

These regulations apply to aircraft with an Airworthiness Certificate. Therefore, these sections 

are not applicable to this UAS. Operators will adhere to requirements located within the users 

manual. 

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class medical 

certificate issued under part 67 in order to perform as a pilot or observer. The UAS maximum 

gross weight is less than 55 pounds, it is constructed of carbon fiber and/or plastic and the PIC is 

not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event 

that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAS

will return autonomously to the site of launching and land without crew intervention. 

Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial 

pilot carrying passengers in a large aircraft is an unnecessary burden. The Petitioner proposes

that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 and a 

valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO 

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can see and avoid air traffic; a licensed driver is medically qualified to operate a much larger 

vehicle. 

The reasons why granting this request would be in the public interest:

Personnel Safety 

Construction sites and land movements are areas of high risk for inspector and any foot traveler. 

With the help of UAS more complete site inspections can be performed without risking the life 

and safety of employees. Conducting aerial acquisitions with the UAS, instead of manned 

aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial video and still photography flight operations. By using battery 

power and electric motors, the UAS produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six cylinder internal combustion engine 

aircraft that are typically utilized for aerial video and photography, while burning approximately 

20-30 gallons per hour of leaded aviation fuel. The UAS, while reducing the carbon footprint of 

aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered 

electric motors, rather than an internal combustion engine. 

By using UAS to perform aerial acquisitions, the substantial risk to life and property in the air 

and on the ground, which is usually associated with traditional manned aircraft flight operations, 

will be substantially reduced or completely eliminated. Aside from the lack of flight crew 

members located onboard the aircraft, the UAS weighing much less than 55 pounds, and with no 

fuel on board, have less physical potential for collateral damage to life and property on the 

ground, and in the air, compared to the manned aircraft that typically conduct similar operations 

(weighing approximately 6,000 pounds, and a fuel capacity of 180 gallons). 

Access to remote or Unreachable areas and Search and Rescue 

Segments of construction sites, dams, farms, pipelines, wilderness and bridges may currently be 

or become unreachable, partially obscured, or impracticable for inspection by conventional 

means, such as physically walking the line, or utilizing airplane or helicopters for inspections. 

Access to assets can also be partially or completely blocked by environmental singularities, such 

as vegetation growth, or blocked by mechanical means such as vehicle accidents, new 

construction, or road maintenance. The use UAS will ensure access to remote or impassable 

areas on an as-needed basis as well as during or after uncontrolled singular events. 

Ground and Flight Training 

UAS are becoming very popular due to the ability to take high quality images and video while 

providing the thrills of flight. The advanced technology and systems employed by UAS, may 

baffle many people and the lack of proper instruction could cause loss of control of the UAS. 

This is analogous to the “Advanced Cockpit Displays” training requirements in General and 

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Experimental Aviation. As future regulations of UAS evolve, there may be a required need for 

instruction of the UAS, FARs and the NAS. It is the Petitioner’s intention to provide the 

necessary training. 

Access to remote or Unreachable areas and Search and Rescue 

Segments of construction sites, dams, farms, pipelines, wilderness and bridges may currently be 

or become unreachable, partially obscured, or impracticable for inspection by conventional 

means, such as physically walking the line, or utilizing airplane or helicopters for inspections. 

Access to assets can also be partially or completely blocked by environmental singularities, such 

as vegetation growth, or blocked by mechanical means such as vehicle accidents, new 

construction, or road maintenance. The use UAS will ensure access to remote or impassable 

areas on an as-needed basis as well as during or after uncontrolled singular events.Cost 

Effectiveness 

Currently, multiple personnel consisting of agency officials, employees and/or contractors are 

often required to conduct field inspections on large projects over vast amounts of terrain in order 

to ensure public safety and meet regulatory requirements. Inspections can require a substantial 

amount of person-hours and persist for days or weeks at a time due to terrain and accessibility 

issues. Factoring in engineering, planning & scheduling, safety meetings, mileage, recovered 

man-hours, potential down time due to injury, potential worker’s compensation savings, and the 

intangible consideration of keeping employees injury-free, the current system of inspecting these 

assets becomes cost- prohibitive. UAS inspections in select areas are timelier, safer and more 

efficient than the conventional methods for conducting these inspections. UAS inspections will 

free up otherwise occupied employees, and provide a more economic approach to the traditional 

inspection, thus lowering operational costs. Lower overhead for corporations could lead to enduser savings such as decreased utility bills. 

The reasons why granting the exemption would not adversely affect safety, or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which the 

exemption is sought.

The Petitioner states that the unmanned aircraft (UAS) to be operated under this request is less 

than 55 pounds fully loaded, flies at a speed of no more than 100 mph, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels. The UAS include GPS 

systems, full autonomous autopilot capabilities, telemetry and manual ground control. 

In addition, each UAS has integrated safety features built into the design, as described in the 

users manual, to ensure the safety of persons and property within and surrounding the limited 

operating area. In the event of a communication loss in manual control, the UAS switches to 

GPS control and return to its takeoff coordinates to perform a “FailSafe Landing” within the 

Security Perimeter. It will also have the capability to abort a flight in the event of loss of signal 

between the UAS and the Ground Controller. 

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Petitioner’s UAS’s will be identified by serial numbers, registered in accordance with 14 C.F.R. 

Part 47, and have identification (N-Numbers) markings in accordance with 14 C.F.R. Part 45, 

Subpart C. Markings will be as large as practicable. 

The UAS will be operated with both a PIC and a ground-based Visual Observer (VO) in 

accordance with FAA Policy N 8900.227 Section 14, Operational Requirements for UAS. 

Operations will be conducted in remote or inaccessible regions with the permission of the land 

owner; and all required permits will be obtained from state and local government before 

operation. The UAS will not be operated within 500 feet of vehicles or objects in open areas, 

unless barriers or structures are present that can sufficiently protect nonparticipating persons 

from the UAS or debris in the event of an accident. The PIC will file a Notice to Airmen 

(NOTAM) providing location and a date/time for each operation and a VFR Flight Following, if 

necessary. 

The UAS will not be operated within 5 nautical miles of an airport or heliport unless a letter of 

agreement with that airport’s management or ATC is obtained or otherwise permitted by a COA 

issued to the exemption holder. Flight operations will be limited to day, visual meteorological 

conditions and the UAS will remain within visual line of sight of the PIC at all times. 

This exemption will provide a greater level of safety to that provided by the rule from which the 

exemption is sought due to the current nature of conducting inspections in remote regions. 

Because UAS flights are not currently authorized for commercial use, methods for inspecting 

remote assets are limited to pedestrian or helicopter operations. Where helicopter operations are 

not feasible due to environmental or mechanical obstructions, and or Structural elements, 

utilizing the UAS will provide a safe alternative to the inherent dangers of walking through these 

regions to conduct the required inspections. The small size, extreme maneuverability and zoom 

capabilities on the camera allow for a safe, unimpeded inspection of critical infrastructure assets. 

Summary to publish in the Federal Register (if required) 

The rule from which exemption is sought: 

The Petitioner seeks exemption under §333 of the FAA Modernization and Reform Act of 2012 

(Public Law 112-95) from 14 CFR 21; 14 CFR 36, 45.23; 45.27, 45.29; 61.113; 91.9(b) (2); 

91.103(b); 119(c); 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 

91.417(a)&(b) 

A brief description of the nature of the exemption sought: 

The Petitioner requests an exemption under Section 333 of the FAA Modernization and Reform 

Act of 2012 for commercial flight of his UAS. The Petitioner provides aerial photography and 

videography in a multitude of services. With approval of this petition, The Petitioner will utilize 

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UAS to perform inspections, progress reports, surveying, mapping, photography and 

videography, demonstration, training and volunteer search and rescue services. Proposed 

operations will be performed in full compliance with aviation safety regulations. As per 14 CFR 

§11.81, this petition for exemption is prepared and filed in accordance with regulation to request 

exemptions from the Federal Aviation Regulations pertaining to operation of a UAS so that 

operations can be commercially completed in accordance to all applicable FARs that would 

pertain to a small UAS. 

Any additional information, views or arguments available to support request:

Argument 

The Petitioner is hereby requesting this exemption because he strongly believes in the continuous 

improvement of safety measures that offer to protect field personnel from the inherent dangers of 

the work environment, also he seeks to improve and develop the investigation and data collection 

methods in the technical use of UAS. The use of Unmanned Aircraft Systems affords a great 

opportunity to reach these goals. Through adopting and utilizing UAS technological 

advancements within these fields, the Petitioner is unlocking the potential to create a safer 

workplace for our loved ones, ensure regulatory requirements are exceeded, and build inspection 

data with which I can improve and protect the infrastructure of these crucial industries. The 

Petitioner looks forward to working with the FAA in meeting and exceeding these goals in the 

near future. 

Additional Information:

Unmanned Aircraft Systems 

Manufacturer: DJI

Model: Inspire 1 

Weight: Less than 55lbs. including payload.

Battery Flight Time: 24mins

Manufacturer: DJI

Model: Phantom 2

Weight: Less than 55lbs. including payload.

Battery Flight Time: 25mins

Manufacturer: DJI

Model: Phantom 3

Weight: Less than 55lbs. including payload.

Battery Flight Time: 27mins

Manufacturer: Yuneec

Model: Q500 Typhoon

Weight: Less than 55lbs. including payload.

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Battery Flight Time: 25mins

Pre-flight Inspection, Maintenance 

Before each flight the PIC will perform a series of pre-flight and takeoff checks as defined by the 

users manual supplied. After each 60 minutes of airtime, the craft will undergo a thorough 

inspection of all UAS components, including, but not limited to: 

a. Actuators / Sensors

b. Motors, wiring and connectors

c. Propellers

d. Electronic speed controller, wiring and connectors e. Batteries, wiring and connectors

f. Remote command and control

g. Ground control station 

UAS Operating Parameters 

The Petitioner states that all flights will be operated within visual line of sight (VLOS) of pilot, 

in daytime VFR flight conditions and all operations will be conducted with the assistance of a 

second spotter/observer (VO). Altitude is accurately measured by GPS. The Petitioner further 

states that an operator will ensure that only consenting production personnel will be allowed 

within 100 feet of the UA operation, and UAS will be kept at least 100’ from any inhabited 

structure. 

Petitioner’s UAS will remain clear and yield the right of way to all manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, and hangliders). Petitioner will not conduct UAS operations within 5 

nautical miles of the geographic center of an airport unless an agreement with that airport’s 

management or ATC is obtained and the operation is conducted in accordance with a Notice to 

Airmen (“NOTAM”). 

Pilot in Command (PIC) 

The pilot in command will be Carlos Duenas. He is an entrepreneur with a Bachelor of 

Biomedical Engineering focused on Automatic Controls and Electronics and has accumulated 

more than 100 flight cycles and 40 hours of total time as a UA rotorcraft pilot. The Petitioner has 

more than 15 years flying Remote Control Helicopters and Aircraft. The Petitioner is a Private 

Pilot ASEL (#3149268) with over 1,000 hours of flight time, a Sport Pilot Instructor 

(#3149268CFI) and an Ultralight Instructor. The Petitioner also has two FAA issued Repairman 

Certificates. The Petitioner has a strong interest in providing ground and flight instruction to 

students as well as to volunteer in search and rescue services when asked.

Regarding Petitioner’s requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will comply 

with the other applicable procedures and requirements stated in § 91.103(a) and (b). Specifically, 

the PIC will take all actions including reviewing weather, flight battery requirements, UAS 

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performance data, and landing and takeoff distances before initiation of a flight. The PIC will 

also account for all relevant site-specific conditions in their preflight procedures. Risks presented 

by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and initiate a 

return-to-home sequence if needed.

Radio Frequencies 

Radio frequencies used will be those allotted by the FCC for data transmission and vehicle 

control in unlicensed frequency bands. All devices used will comply with FCC usage and 

emissions regulations. 

Safety and Benefits of the UAS 

The Petitioner will be using the UAS in a variety of applications that generally require expensive 

full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad 

benefits over the use of full-sized manned aircraft for construction and surveying, electric power 

line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography, just 

to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel 

with small UAS carrying no passengers or crew creates a much greater margin of safety for the 

pilots and crew. The Petitioner has Supplied the Following 

Additional Information:

These attachments are too large for submission via the submission portal. They are available at 

the following website links for viewing or download. 

DJI Inspire 1 User Manual

DJI Phantom 3 User Manual

DJI Phantom 2 User Manual 

Yuneec Q500 User Manual 

Conclusion 

For the foregoing reasons, the exemptions requested herein are essential for the performance of 

this specific technical services and procedures and the Petitioner should be permitted to conduct 

small UAS operations in accordance with its manuals and all other operating parameters deemed 

necessary and appropriate by the FAA.

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