US Department Of Transportation Federal Aviation 

Administration 800 Independence Ave 

SW Washington DC 20591

Pedro Sousa dba PS Fotography

36 Allison Ave

Stony Point, NY 10980

631-433-3167

pedro@psfotography.com

Dear Sir or Madam:

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

act) and CFR Part 11; I, Pedro Sousa, owner and operator of Small Unmanned Aircraft Systems 

(UASs), request to be exempted from the Federal Aviation Regulations (FAR) listed below so 

that I, Pedro Sousa may operate UASs commercially in airspace regulated by the FAA., as long 

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

established by the FAA as required by Section 333.

I, Pedro Sousa, am a professional Real Estate photographer with PS Fotography located 

in Stony Point, NY. I am requesting exemption from regulations listed below to perform aerial 

photography and videography of Real Estate and Landscape. All operations will be performed 

with the public's safety and right to privacy safe guarded at all times.

Pedro Sousa's UASs is a rotorcraft weighing less than 55 pounds including payload (The 

DJI Phantom 3 Professional Quad Copter). It operates at a speed less than 50 knots and has 

the capability to hover and move in the vertical and horizontal plane simultaneously. It has an 

auto return to launch point when battery power is under 25%. The UAS will operate within the 

line of sight with in a protected flight area as described below and at 200 feet AGL or less with 

an observer located close at hand as to make voice communication possible. These operations 

will not create a hazard to users of the nation airspace, public nor the environment.

I, Pedro Sousa, respectfully request 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).

I, Pedro Sousa submits this application in accordance with the Reform Act ,112 P.L. 95 

331-334, seeking relief from any currently applicable FAR'S operating to prevent Pedro Sousa 

future commercial use of small UASs to operate in the national airspace system as described 

below. The reform Act section 332 provides for such integration of civil unmanned aircraft into 

our national airspace system as it is in the public's interest to do so. Pedro Sousa's UASs meet 

the definition of "small unmanned aircraft" as defined in Section 331 and therefor the integration 

of these UASs are expressly contemplated by the Reform Act. I, Pedro Sousa, would like to 
operate its light weight UASs 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 332 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

Reform Act 333(a). If the secretary determines that such vehicles "may operate safely in 

National Airspace System, the secretary shall establish requirements for the safe operation in 

national airspace.

DJI Phantom 3s are rotorcraft weighing less than 55 lbs. and they operate at speeds less than 

50 knots and have the capability to operate in the vertical and horizontal plane simultaneously. 

The UASs will operate only within the line of sight of the operator within a protected flight area 

and at 200 feet AGL or less. These will not present a hazard to the national airspace nor the 

public.

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 our rigorous risk management process. Given the clear direction 

given 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 thereby benefiting the greater public's interest. Accordingly, the applicant requests 

that the FAA grant the requested exemption without delay.

The following will be considered as the binding limitation on operations of Pedro Sousa,

1. Flights will only occur in the day time hours,

2. Flights will be operated in the line of sight of the 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 UASs will weigh less that 55 lbs.,

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

6. Crew will be at a minimum of operator(PIC) and an observer and/or camera operator(VSO),

7. Operator and crew will remain in contact during the 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 persons with in 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 in a safe manner with 

the auto return function checked and working.

12. When operated in conjunction with fishing vessels in the gulf, a chase boat will be assigned 

to operate the UASs at a safe distance from the main fishing boat.

13. Flights will only operate in VFR conditions.

14. UASs have a function on the control to tell operator the distance away from the operator and 

its battery power remaining.

15. Flight team will communicate by voice and the use of two-way radio if the area is too big to 

hear voice from all team members.

16. UASs will be used to video private outings and functions, boating, jet skiing, kayaking, 

fishing trips in the gulf area and sporting events from a safe distance.

17. When operating over or near water the UASs will be equipped with flotation devices so that 

recovery can be made as to prevent lithium battery exposure to the water table.

14 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 Pedro Sousa's UASs 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 

UASs from airworthiness certificates in consideration of weight, size, speed, maneuverability 

and proximity to areas such as airports and dense populations. Pedro Sousa's USAs meets or 

exceeds each of these elements

As of March 23, 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 a section 333 exemption.

14 CFR 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Because 

the sUAS in unmanned and will not carry a pilot or passengers, the proposed operations can 

achieve a high level of safety of operation without the required pilot license.

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

are inapplicable for the same reasons stated above.

14CFR91.7 (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.

14 CFR 91.9(b)(2) Civil Aircraft Flight 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 UASs this regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining such certifications and registrations at Pedro Sousa’s 

center.
The FAA has previously issued exemptions to this regulation in Exemptions No's 

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827.

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

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

will only operate its UASs at or below 200AGL. They will be operated on a will 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 give consent for this filming. Compared to 

flight operations of conventional and traditional aircraft or rotorcraft weighing far more than 50 

lbs., 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 will greatly enhance safety by reducing the overall risk associated 

with traditional aircraft. Traditional aerial photography requires large aircraft with flammable fuel 

to fly in close proximity of populated areas and people in general. With the use of small UASs of 

55 lbs. or less, battery operated and fling below 200 feet AGL the risk of injury of people on the 

ground or the crew has been reduced or almost erased. The granting of the use of these small 

UASs by Pedro Sousa will give potential sellers of Real Estate a competitive edge in the market 

place.

Granting Pedro Sousa the above exemption will allow for the expansion of UAS systems 

into the future for the safe conduct of free enterprise and the enjoyment of the masses.

I, Pedro Sousa, respectfully requests the FAA grant its exception without delay. The FAA 

has the authority to issue the exemption sought by Pedro Sousa pursuant to the Federal 

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

~Sincerely

Pedro Sousa, Photographer