July 15, 2015 (revised 12/30/2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 20590 

RE: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

Dear Sir or Madam: 

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

and C.F.R. Part 11, Renato De Castro owner and operator of Small Unmanned Aircraft 

Systems (UASs), request to be exempted from the Federal Aviation Regulations (FARs) listed 

below so that RylanAerialMedia may operate UASs commercially in airspace regulated by the 

Federal Aviation Administration; as long as such operations are conducted within and under 

the conditions outlined herein or as may be established by the FAA as required by section 333. 

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive UAS under controlled conditions in airspace that is 

1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow 

RylanAerialMedia to conduct commercial operations of UAS meeting or exceeding all of the 

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

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation 

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 

91.7(a); 14 CFR 

91.9(b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 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) 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and 

sensors, would operate in the following manner: 

 Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

 Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gathering. 

 Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

 Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers. 
 Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

 Ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the 

safe operation of a UAS to enhance the safety of the National Airspace System (NAS) as well 

as for the protection of the persons and property. 

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) 

will provide safety enhancements to the already safe operations in the industry presently using 

conventional aircraft. Approval of this exemption would thereby 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.” 

The name and address of the applicant is: 

Company name: RylanAerialMedia 

Attn: Renato De Castro - Owner/Chief Pilot 

Email: rylanaerialmedia@gmail.com 

Address: 134 Buffet Key, Boynton Beach FL 33426 

Regulations from which the exemption is requested: 

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 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 
14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

RylanAerialMedia will operate the DJI Phantom 3 Professional, with a total weight of 1280g or 

2lbs 13 oz. The dimensions are 40.36cm x 40.36cm x 19.05cm or 16inch x 16inch x 7.5inch. 

Under still air the maximum speed is no more than 16m/s or 35mph with a cruising speed of 

11m/s or 25mph. The DJI Phantom 

3 Professional has the ability to hover and move along a vertical and horizontal plane 

simultaneously. The DJI 

Phantom 3 Professional has four motors, Motor Model DJI 3510, powered by a 4480mAh 4s 

LiPo Lithium Polymer battery. There are four propellers, Propeller Model DJI 1345, in use. The 

DJI Phantom 3 Professional will be controlled with the C3 remote controller with an operating 

frequency of 2.400GHz – 2.483GHz. The live video feed will have an operating frequency of 

2.4GHz ISM with maximum range of 1.2 miles. The applicant will operate the UAS in line of 

sight within a closed off and predetermined area owned and/operated by the property 

representative. 

DJI Phantom 3 Professional 

GENERAL FEATURES 

 Ready to fly 

 3-axis camera stabilization 

 Precision flight and stable hovering 

 GPS/GLONASS positioning & auto return home 

 Onscreen real-time flight parameters 

 High Definition 4k Camera 

 Camera tilt control 

 Film straight down 

 Supports Adobe DNG RAW 

 Adobe lens profile support 

 Camera parameter settings 

 Album synchronization 

 FAA no-fly zones locked out via installed software 

TRANSMITTER 

 Operating Frequency: 2.400 GHz – 2.483 GHz 

 Communication Distance(open area): CE: 2000m; FCC: 2000m 
 Receiver Sensitivity(1%PER):-101dBm +/- 2dBm 

・ Transmitter Power: CE: 16dBm; FCC: 20dBm 

・ Working Voltage: 1.2A @ 7.4V 

・ Battery: 6000 mAh LiPo 2s 

CAMERA 

・ Operating Environment Temperature: 0Ԩ-40Ԩ

・ Max Resolution: 4096 x 2162p @ 24/25fps 

・ FOV: 94°/ 85° 

・ Sensor size: 1/2.3" 

・ HD Recording: 4k p 24/25fps / 720p 60fps 

DJI VISION APP 

・ System Requirement of Mobile Device: iOS version 6.0 or above/ Android system version 

4.0 or above 

・ Mobile Device Support: Recommended: IOS and Android phones and Tablets. 

Given the small size of the UAS and the controlled environment provided the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited 

to reduced emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly the applicant requests that the FAA grant the requested exemption with minimum 

delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using conventional 

aircraft. 

These limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption as set forth in the Flight Operations 

Manual (FOM) include: 

・ The UAS will weigh less than 55 lbs. (DJI Phantom 3 Professional weighs 1280G or 2lbs 

13oz) 

・ The UAS will have a maximum operating speed of no more than 35mph. 

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

Observer 

(VO). 
 Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated 

at 25% battery power reserve or 20 minutes of flight time whichever occurs first. 

 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. 

 Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and 

may include but not limited to a Camera Operator. 

 The UAS pilot will be a designated Pilot in Command (PIC) and will take and pass all 

necessary certifications currently being approved by the FAA administration for commercial 

use. 

 A briefing will be performed regarding the planned UAS operations prior to each day’s flight 

consisting of all the days’ production activities. 

 All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

 The flights will occur no closer than a 5 mile radius of the geographic center/Airport 

Reference Point 

(ARP) of a tower controlled or uncontrolled airport. The DJI Phantom 3 Professional has built 

in software for all FAA regulated ‘No Fly Zones’ and was uploaded by DJI (February 2015) for 

all DJI drones to download and prevent any possible flights occurring within no-fly zones. DJI 

Phantom 3 

Professional has installed software (code) that denies flights within the FAA no-fly zones. 

 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point 

(ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted 

advising them of the estimated flight time, flight duration, elevation of flight and other pertinent 

information. 

 The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District Office (FSDO) no 

more than 72 hours but no less than 48 hours from planned operation. 

 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, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as required under the FOM. With the advanced permission of the FSDO, 

operations at closer range may be approved. 

 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, radio, and/or text at all times. 

 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. 

 If the UAS loses communications with the remote controller or loses GPS signal, the UAS 

will have the capability to return to a pre-determined location within a designated location and 

land autonomously. 
 The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, 

or emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement 

for an airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAS. In all cases, an 

analysis of these criteria demonstrates that the UAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. (3 lbs.) fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured and designated area. Unlike other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. The FAA will have 

advance notice of all operations. These safety enhancements provide a greater degree of 

safety to the public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of 

these same criteria demonstrates that there is no credible threat to national security posed by 

the UAS, due to its size, speed of operation, location of operation, lack of explosive materials 

or flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is displayed 

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, 

or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 

"limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption will be needed as 

the UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. 

Given the size of the UAS, two-inch lettering will be impossible. The word “Experimental” will 

be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS as “Experimental.” 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in 

Command. 
Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as 

a pilot in command of an aircraft that is carrying passengers or property for compensation or 

hire. An equivalent level of safety can be achieved by current Regulations because the 

applicant’s UAS do not carry any pilots or passengers nor property. The risks attendant to the 

operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 

14 CFR 61. The operation and limitations set forth in the FOM will equate to the safe operation 

of the UAS. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight 

an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The UAS, 

given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity 

to carry such an item on the aircraft. The equivalent level of safety will be maintained by 

keeping the flight manual at the ground control point where the pilot flying the UAS will have 

immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure 

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the 

aircraft an exemption will be needed. The PIC will take all actions as stated in the 

manufacturer FOM in the pre-flight inspection section, including but not limited to reviewing 

weather, flight battery requirements, landing and takeoff distances and aircraft performance 

data before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates 

with the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the person 
operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for a UAS that is a 

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not 

more than 200 above an elevated platform from which filming is planned, an exemption may 

be needed to allow such operations. As set forth herein, the UAS will never operate at higher 

than 400 AGL with the exception that in circumstances where the UAS is used to survey or 

photograph a structure whose height exceeds 400 feet 

AGL, the UAS will not be operated more than 200 feet above the highest point on the 

structure. It will however be operated in a restricted area with security perimeter, where 

buildings and people will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. 

Because of the advance notice to the property owner and participants in the filming activity, all 

affected individuals will be aware of the planned flight operations. Compared to flight 

operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed 

herein and the lack of flammable fuel, any risk associated with these operations is far less than 

those presently presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the UAS will ensure separation between these UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As the UAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of 

safety will be achieved by the operator, pursuant to the safety check list and live flight data 

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator 

before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing, and, assuming normal cruising speed – (1) During the 

day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes.” 

The battery powering the UAS provides approximately 25 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to 

approximately 10 minutes in length. 

Given the limitations on the UAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR 

conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. 
Operating the UAS, in a tightly controlled area where only people and property owners or 

official representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 

minutes would greatly reduce the utility for which the exemption will be granted. Applicant 

believes that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 

25% of battery power— whichever happens first. This restriction would be more than adequate 

to return the UAS to its planned landing zone from anywhere in its limited operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it 

the following: 

(1) An appropriate and current airworthiness certificate. . . . 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed 

at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them; to the extent 

they are applicable to the UAS. 

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

These regulations require that an aircraft operator or owner “shall have that 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...,” and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. Maintenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook. An equivalent level of safety 

will be achieved because the UAS is very limited in size and will carry a small payload and 

operate only in restricted areas for a limited period of time. 

If mechanical issues arise the UAS can land immediately and will be operating from no higher 

than 400 feet 

AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the operator 

is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. 
An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, 

the operator will ensure that the UAS is in working order prior to initiating flight and perform 

required maintenance needed. 

Sincerely yours, 

Renato De Castro 

“Safety is my first priority”