Guillermo Soto’s Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 1 June 2 , 2015

Guillermo Soto
Photos by Soto, LLC

302 Lismore Terrace

Woodstock, GA 30189
(770) 380

- 9218 msoto@photosbysoto.com

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

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. §§ Part 21; 45.23(b) ; 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (1) (2); 91.417 (a)&(b)

Dear Sir or Madam:

I, Guillermo Soto, am writing pursuant to the FAA Modernization and Reform Act of

2012 and the procedures contained within 14 C.F.R. 11, to request that I, Guillermo Soto, an owner and operator of small unmanne d aircrafts, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Guillermo Soto may operate my small l ight

- weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FA A”).

I, Guillermo Soto, have over ten years of digital photography experience as well as over
30 years in the field of Information Technology (IT). Using the DJI Phantom 3 1

, I

, Guillermo Soto, intend to provide videography, cinematography and photography
services in the areas of building inspections, real estate, site surveys, aerial mapping,
special events to include but not limited to weddings, private or public parties/events,
geological surveying, environment al studies, wineries, outdoor recreational facilities and
landscapes.

1 A ttachment

– DJI Phantom 3 Professional SpecificationsGuillermo Soto’s Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 2 I, Guillermo Soto, am committ ed to safety with each flight. My, Guillermo Soto’s, exemption request would permit operation of a U AS (s) in areas away from the general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner real estate listing videos/photos.

I. Contact Information:

Guillermo Soto, Owner
Photos by Soto , LLC

302 Lismore Terrace

Woodstock, GA 30189

770

- 380

- 9218 msoto@photosbysoto.com

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

Guillermo Soto Requests Exemption are:

 14 CFR Part 21;

 14 C.F.R. 45.23(b);

 14 CFR 61.113 (a) & (b);

 14 C.F.R. 91.7 (a) ;

 14 C.F.R. 91.9 (b) (2);

 14 C.F.R. 91.103(b);

 14 C.F. R. 91.109;

 14 C.F.R. 91.119;

 14 C.F.R. 91.121;

 14 C.F.R. 91.203(a) & (b);

 14 C.F.R. 91.15 1 (a);

 14 C.F.R. 91.405 (a);

 14 CFR 407 (a) (1);

 14 CFR 409 (a) (1) & (a) (2);

 14 CFR 417 (a) & (b)

III. The Extent of R elief Guillermo Soto S eeks and the Reason He Seeks Such

Relief: I, Guillermo Soto, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Guillermo Soto, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulati ons (“FARs”) listed below so that I may operate my small light weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA” ). The Reform Act in Section 332 provides for such integration of civil u nmanned aircraft systems into our national airspace system as it is

in t he public’s interest to do so. My, Guillermo Soto’s, light

- weight UAS meets the

definition of “small unmanned aircraft” as defined in Section 331 and therefore theGuillermo Soto’s Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 3 integration of my li ght

- weight UAS is expressly contemplated by the Reform Act. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed

and overall capabilit ies of the UAS's, w hether the UAS will be operated near airports or heavily populated areas; and, w hether the UAS wil l be operated by line of sight 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, Guillermo

Soto. My UAS utilizes four (4) counter

- rotating propellers for balance, control and stability and is equipped with a GPS and auto return safety technology. Weighing less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal.

I, Gui llermo Soto, will operate the Phantom 3 in a safe manner, using the following

checklists as well as operating procedures to determine that the aircraft is physically and electronically ready for safe flight and that permission from the property owner/repre sentative is received:

Pre

- flight Checklist:

 Survey the property for hazards, such as trees, utility poles and other elements that might compromise the flight then make a judgment as to whether to proceed.

 Check the weather for wind speed, cloud cover and any forecast changes that might adversely affect flight safety and performance.

 Examine the aircraft

- looking at connections and searching for cracks and loose
parts.

 Determine that the electronic elements are performing correctly (receiving more

than 6 G PS signals along with calibration of the magnetic compass)

.

 Determine that the barometric altimeter reflects approximately 0 feet AGL.

 Following takeoff, hover at an altitude of approximately 10 feet to assure that the

Home Point is solid. T hen exercise al l controls to confirm their functionality, if one of the controls is not functioning, the flight will be terminated immediately.

 N ot fly over dense traffic or crowds.

 G ive right

- of

- way to any manned aircraft.

 S tay clear of FAA controlled airspace at airpor ts (generally a five nautical mile radius) as well as restricted and prohibited zones.

 F ly no higher than 400' and no further than 1000' from the Home Point, recognizing that the primary responsibility is to safely keep the aircraft safely

within VLOS.

 S tay clear of clouds and fog (500' vertically and 2,000' horizontally).

Post

- flight Checklist:

 Inspect the Phantom 3 to determine its physical and electronic condition.

 Examine the aircraft

- looking at connections and searching for cracks and loose
parts.Guillermo Soto’s Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 4 IV. How Guillermo Soto’s Request Will Benefit the Public as A Whole:

Aerial videography and photography has been around for a long time through manned fixed wing aircraft and helicopters. For small budget companies and individuals, t he expense of such aerial videography and photography is cost prohibitive. Only large companies and high

- income individuals can afford to absorb such expense. Manned aircraft pose a threat to the public through potential catastrophic crashes resulting in a potential loss of life. My, Guillermo Soto’s, UAS pose s no such threat since size and lack of combustible fuel alleviates any potential threat to the public. Congress has already proclaimed that it is in the public’s interest to in tegrate commercially flown UAS’ into the national airspace system, hence the passing of the Reform Act. My , Guillermo Soto, light

- weight UAS is battery powered and creates no emissions that can harm the

environment.

V. Reasons Why Guillermo Soto’s Exem ption Will Not Adversely Affect Safety Or How the Exemption Will Provide a Level of Safety At Least Equal To Existing

Rule: My, Guillermo Soto’s, exemption will not adversely affect safety. • My UAS weighs less than 5 pounds complete with a small light

- weig ht high definition (HD) camera

.

• I only operate my UAS below 400 feet (well within the 400 foot permissible ceiling set by the FAA Modern ization and Reform Act of 2012)

.

• I land my UAS prior to manufacturer recommended minimum level of battery

power

.

• I pilot my UAS through remote co ntrol/FPV only by line of sight

.

• My UAS has GPS with a flight safety feature whereby it hovers and then slowly

lands if communication with t he remote control pilot is lost

.

• I only operate in reasonably safe e nvironments that are strictly controlled, are away from power lines, elevated lights, airpor ts and actively populated areas

.

• I conduct extensive pre

- flight inspections and protocol, during which safety carries primary impo rtance

.

• I always obtain all nece ssary permissions prior to operation

.

VI. A Summary the FAA May Publish in the Federal Register:

A. 14 C.F.R. § 21, 14 C.F.R. § 91 and 91.151 : Airworthiness Cer tificates, Manuals

and the Like

14 C.F.R. § 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a) (1). The size, weight and enclosed operational area of my, Guillermo Soto’s, UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section

333 of the Reform Act. Both pie ces of legislation permit the FAA to exempt UAS's

from the airworthiness certificate requirement in consideration of the weight, size,Guillermo Soto’s Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 5 speed, maneuverability and proximity to areas such as airports and dense populations. My, Guillermo Soto’s, current and projected UAS’ meet or exceed

each of the elements.

14 C.F.R. § 91.7(a) prohibits the operation of an aircraft withou t an airworthiness

certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inappli cable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there

are no on board pilots or passengers, and given the size of the UAS, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety can be

defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,
10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.151(a) with the condition that the PIC does not begin a flight unless (considering wind and fo recast weather conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed, land the UA with 30% battery power remaining.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft

c ertifications and registrations. They are inapplicable for the same reasons

described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, Guillermo Soto.

B. 14 C.F.R. § 45.23: Markin g of the Aircraft Applicable Codes of Federal Regulation require aircraft to be marked according

to certain specifications. My , Guillermo Soto, UAS is, by definition, unmanned.

Therefore does not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I

, Guillermo Soto, will mark the UAS in the largest possible lettering by placing the

word “ EXPERIMENTAL” on its fuselage as required by 14 C.F.R. § 45.29 (f) so

that I , Guillermo Soto, the pilot, will see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167,

10167A and 10700.

C. 1 4 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC Pursuant to 14 C.F.R. § 61.113 (a) & (b), private pilots are limited to non

commercial operations. I, Guillermo Soto, can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not carry anyGuillermo Soto’s Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 6 pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of my UAS is far less

than the risk levels inherent in the comme rcial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Guillermo Soto, to operate my UAS in a manner

that meet s and exceed s current safety levels in relation to 14 C.F.R. § 61.113 (a) & (b).

D. 14 C.F.R. § 91.119: Minimum Safe Altitudes

1 4 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to b e operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 400 AGL; safely below the standard

of 400 AGL. I, Guillermo Soto, will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will

be achieved.

E. 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417 (a) & (b): Maintenance Inspections

The above

- cited Regulations require, amongst other things, aircraft owners and
operators to ha ve the aircraft inspected 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 only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, Guillermo Soto’s, UAS. However, as a safety precaution

, I , Guillermo Soto, inspect my UAS before and after each flight.

A Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14

C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H,

entitled Airworthiness Certificates, sets forth requirements for procurement of necessary

air worthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and

enclo sed operational area of my UAS permit exemption from Part 21 because my, Guillermo Soto’s, UAS meets an equivalent level of safety pursuant to Section 333 of

the Reform Ac t. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of

the Reform Act. Both pieces of legislation permit the FAA to exempt UAS ’ from the

airworthiness certifi cate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My

UAS meets or exceeds each of the elements. 14 C.F.R. § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulati on is inapplicable. 14

C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS ’ , this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738,Guillermo Soto’s Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations Page 7 9299, 9299A, 9565, 9565 B, 1 0167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.

In summary, Guillermo Soto seeks an exemption from the following Regulations:

14 C.F.R. § 21, S ubpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b) (2); 14 C.F.R. § 91.103 (b); 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203 (a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a) (1); 14 C.F.R. § 91.409 (a) (2); 14 C.F.R. § 91.409 (a) ( 1 ); and, 14 C.F.R. § 91.417 (a) & (b)

I, Guillermo Soto, am requesting this exemption for the purposes of aerial photography, cinematography, videography, inspections and other flight operations

. The reason for

such a general a nd broad based request is that I, Guillermo Soto, wish to utilize a business strategy that capitalizes on opportunities as they may arise in the future . My, Guillermo Soto’s, business model is based on the idea of offering ad hoc small UAS services to individuals or companies who wish to employ these services as a safe, effective, and legal option to enhance their business or hobby.

G ranting my, Guillermo Soto’s , request for exemption will reduce current risk levels and thereby enhance safety. My UAS craft do es not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional vi deo and photographic

aircraft. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air fields. There are no personnel on board my, Guillermo Soto’s , UAS and therefore the likelihood of death or serious bodily injury is significantly diminished. My, Guil lermo Soto’s , operation of my UAS, weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safety as th at achieved under current FARs. Accordingly I, Guillermo Soto, respectfully request that the FAA grant my exemption.

Respectfully s ubmitted,

Guillermo Soto, Owner Photos by Soto, LLC

302 Lismore Terrace

Woodstock, GA 30189

Attachment:

DJI Phantom 3 Professional Specifications