Wesley B. Mendoza 

WM Aerial Innovations 

6100 Rocky Canyon Road 

Atascadero, CA 93422 

(805) 423-0388 

wmaerialinnovations@gmail.com

July 31, 2015 

UNITED STATES DEPARTMENT OF TRANSPORTATION DOCKET 

MANAGEMENT SYSTEM

1200 New Jersey Ave., SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform 

Act of 2012 and 14 CFR Part 11. 

Dear Sir or Madam: 

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

act) and CFR Part 11, WM Aerial Innovations, owned by Wesley B. Mendoza is seeking 

a request for an exemption from the Federal Aviation Regulations (FAR) listed below so 

that WM Aerial Innovations may operate Small Unmanned Aircraft Systems (UAS’s) 

commercially in airspace regulated by the FAA. Wesley B. Mendoza has been piloting 

UAS/RC planes as recreational devices for over five years and would like to expand into 

operating UAS, specifically the DJ Phantom 3 Advanced in the commercial market. 

Of specific interest as to conduct aerial photography and inspection, as long as such 

operations are conducted within and under the conditions outlined herein or as 

established by the FAA as required by Section 333. These activities include but may not 

be limited to: 

1. Aerial photography for marketing of residential and commercial real estate. 

2. Aerial inspections in agriculture, oil and gas industries, utility and wireless 

infrastructures.

3. Television production and other aerial photography and videography pertaining to 

the media 

4. Aerial inspection surveys including roofing and asset management. 

5. Aerial advertising for marketing businesses and personal marketing. 
6. Aerial Search & Rescue assistance for civil, state or government request or 

natural disaster. 

7. Aerial wildlife & domestic animal farming monitoring for civil, state or 

government. 

All operations done by WM Aerial Innovations will be performed with the public’s safety 

and rights to privacy guarded at all times. 

As described below, the requested exception would permit the operation of lightweight 

(less than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial 

use by a trained UAS operator as outlined in Section 333 of the Reform Act. 

WM Aerial Innovations, in keeping with the regulations, will be utilizing the DJ Phantom 

3 Advanced, which weighs less than 55 pounds including the payload. It operates at a 

speed less than 50 knots and has the capability to hover and move in the vertical and 

horizontal plane simultaneously. The UAS will operate within the line of sight within a 

protected flight area as described below and at 200 feet AGL or less. These operations 

will not create a hazard to users of the airspace, neither public nor environmental. 

WM Aerial Innovations respectfully requests the grant of an exception to the following 

specific sections of the Title 14 Code of Federal regulations allowing it to operate 

lightweight UASs for commercial use. 

14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b), 

91.109, 91.119, 91.121, 91.151 (a), 91.203 (a&b), 91.405 (a), 91.407 (a)(1), 91.409 (a & 

b). 

, 

WM Aerial Innovations submits this application in accordance with the Reform Act 

seeking relief from any currently applicable FAR’S operating to prevent WM Aerial 

Innovations future commercial use of small UASs to operate in the national airspace 

system as described below. The Reform Act Section 333 provides for such integration of 

civil unmanned aircraft into our national airspace system as it is in the public’s interest to 

do so. WM Aerial Innovations UASs (DJ Phantom 3 Advanced) meets the definition of 

“small unmanned aircraft” as defined in Section 333 and therefor the integration of these 

UASs are expressly contemplated by the Reform Act. WM Aerial Innovations would like 

to operate its lightweight UAS prior to the time period by which the Reform Act requires 

the FAA to promulgate rules governing such aircraft. 

The Reform Act directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in national airspace before completion of 

the rule making required under Section 333 of the Reform Act. In making this 

determination, the Secretary of Transportation is required to determine which UASs do 
create a hazard to users of the national airspace system or the public or pose a threat to 

national security in light of the following: 

The UASs size, speed, weight and operational capability 

Operation of the UASs in close proximity to airports and populated areas 

Operation of the UASs within visual line of sight of the operator 

The DJ Phantom 3 Advanced meets the aforementioned specifications on size, speed, 

weight and operational capability as follows: 

 Weight (including battery and propeller) 1280 g 

 Diagonal Size (including propeller) 590 mm 

 Max Ascent Speed 5 m/s 

 Max Descent Speed 3 m/s 

 Max Speed 16 m/s 

 Max Altitude Above Sea Level 6000 m 

 GPS Mode GPS/Glonass 

Please note any other pertinent specifications at www.dji.com 

The very small nature of these UASs combined with the safe guards presented below, 

will allow for the safe operation greater than that envisioned by Congress for the FAA to 

establish and by exemption allow commercial operations of UASs to commence 

immediately. Also, due to the size of UASs and the areas and altitudes they will operate 

approval of this exception presents no national security issues and absolutely minimal 

safety concerns which have been mitigated through trained risk management guidelines. 

Given the clear direction expressed in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended, the strong equivalent level of 

enhanced safety, reduced emissions utilizing UASs verses traditional aircraft, as well as, 

the economic impact of greatly reducing the cost of aerial photography and videography, 

thereby imposing a benefit to the greater public. Accordingly, the applicant requests that 

the FAA grant the requested exemption without delay. 

The following will be considered as the binding limitations of operations for WM Aerial 

Innovations: 

1. Flights will only occur in the daytime hours 

2. Flights will be operated in the line of sight of the trained operator (PIC) and 

Observer (VSO) 

3. Flights will be terminated at any time weather and wind deteriorate to “unsafe 

for flight” by manufacturers recommendations 

4. The UAS will weigh less than 55 lbs. 

5. Flights will be operated at 200 feet AGL or less 

6. PIC will do a thorough preflight inspection just as he would with any airplane 

operation 

7. Operator and crew will remain in contact during flight operation 
8. The UASs operator will perform a check of the flight area and make certain of 

the safety of all persons in the area 

9. Consent will be obtained from all person within the video capabilities of the 

units to further reduce the chance of violating anyone’s privacy 

10. All required FAA clearances will be obtained and distances from airports 

strictly observed 

11. All UASs will have the capability to return automatically to the operator’s 

designated take off and landing location, in a safe manner with the auto return 

function checked and working with appropriate GPS connection 

12. Flights will only operate in VFR conditions 

13. UASs have a function on the control to tell operator the distance away 

operator, altitude and battery power remaining, and operating status 

14. Flight team will communicate by voice and the use of two-way radio if the 

area is too great for verbal communication from all team members, an 

observer will always be present 

CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203 (a)(1) 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary certificates in relation to FAR 91.203 (a)(1). The size, weight and defined area 

of operations for WM Aerial Innovations UASs (DJ Phantom 3 Advanced) flights 

permits exception from Part 21 because they meet 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 USC 4470(f) and Section 

333 of the Reform Act. Both pieces of legislation permit the FAA to exempt Ass from 

airworthiness certificates in consideration of weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations (see specs above and 

limitations of operations described above). WM Aerial Innovations meets or exceeds 

each of these elements. 

As of 2015, the FAA has stated that it will automatically grant a “blanket” COA for 

flights at or under 200 AGL, to any UASs operator with Section 333 exemption. 

14 CFR 91.203 (a&b) provides for carrying of civil aircraft certifications and 

registrations. These are inapplicable for the same reasons stated above. The equivalent 

level of safety will be achieved by maintaining such certifications and registrations. 

14 CFR 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 FAR’s, this 

regulation is inapplicable and does not pertain to said request. 

14 CFR 91.9 (b)(2) Civil Aircraft Flights Manual in Aircraft 
14 CFR 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’s, this regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining such certifications and 

registration at WM Aerial Innovations operations center. Furthermore, as outlined, prior 

to each activity, a thorough inspection of the UAS will be followed including parts, 

propellers, and battery. 

The FAA has previously issued exemptions to this regulation in Exemption Numbers 

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700, and 

32827. 

14 CFR 91.119Minimum safe altitudes, prescribes safe altitudes for operation of civil 

aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. WM 

Aerial Innovations will only operate its UASs at or below 200 AGL. They will be 

operated on a well-defined AOR that has been carefully reviewed for hazards and 

minimizes the presence of any persons not essential for these operations. Flights will 

only be over private property that the owner has consented and all persons within this 

video area also have given permission for filming. Compared to flight operations of 

conventional and traditional aircraft or rotorcraft weighing far more 1000 pounds, 

operating below 500 AGL with flammable fuel UASs operations present a far smaller risk 

to the public. 

Approval of these 333 Exemptions allowing commercial operations of small UASs in the 

service of aerial photography and aerial inspections will greatly enhance safety by 

reducing the overall risk associated with traditional aircraft. Traditional aerial 

photography requires large aircraft with hydrocarbon combustible engine that emits green 

house gasses into the atmosphere and also requires them to fly in close proximity of 

populated areas and people in general. With the use of small UASs of 55 pounds or less, 

battery operated and flying below 200 feet AGL, the risk of injury of people on the 

ground or the crew has been reduced or almost eliminated. The granting of the use of 

these small UASs to WM Aerial Innovations will give people safe and legal access to 

obtain aerial photographs, as well as, aerial inspections that may have a positive 

economic impact and safety element for the environment. 

Granting WM Aerial Innovations the above requested exemption will allow for the 

expansion of UAs systems into the future for the safe conduct of free enterprise. WM 

Aerial Innovations respectfully requests the FAA to grant its exception without delay. The 

FAA has the authority to issue the exemption sought by WM Aerial Innovations pursuant 

to the Federal Aviation Act 85 P.L. 726 (1958) as amended (the ACT). 

Respectfully, 
Wesley B. Mendoza 

Owner/Operator