February 2, 2016

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Federal Aviation Administration

US Department of Transportation

Docket Management System

1200 New Jersey Ave. S.E

Washington, DC 20590

To Whom It May Concern:

This application is being submitted on my own behalf.

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

Reform Act) and 14 C.F.R. Part 11, LUDOVICI & ORANGE CONSULTING ENGINEERS, 

INC., hereby seeks and applies for an exemption to the Federal Aviation 

Regulations (FARs) to allow LUDOVICI & ORANGE CONSULTING ENGINEERS, INC.

to operate Small Unmanned Aircraft Systems (sUAS and UAS) commercially in 

airspace regulated by the Federal Aviation Administration (FAA) under the 

conditions and limitations set forth in this petition or as may be established by the 

FAA as required by Section 333.1. The requested exemption would permit 

LUDOVICI & ORANGE CONSULTING ENGINEERS, INC. to operate sUAS for the 

purpose of providing:

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

estate, architecture, land surveying, engineering, construction and other related 

professional activities;

 Aerial video and/or photography for public and/or private use including 

television, public events, cinematography and news gatherings;

 Aerial inspection/photography of residential/commercial structures, either 

existing or under construction, under contract with the owners or local 

government authority;

 Aerial inspection/photography of residential/commercial utility and 

transportation infrastructure included but not limited to electrical power lines, 

wind turbines, rail tracks, bridges, and cell towers;

 Aerial video/photography or providing live video feed to assist with rescue and 

recovery operations in cases of an emergency or natural disaster only when the 
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local authorities or government has requested it in writing and with the proper 

authority;

 The ability to offer training to persons or individuals belonging to both private 

and/or public organizations that have interests in the use and application of UAS 

for the purpose of the safe operation of a UAS to enhance the safety of national 

aerospace system (NAS) as well as for protection of the persons and property.
February 2, 2016

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As described more fully below, the requested exemption would permit the 

operation of small, unmanned and relatively inexpensive sUAS under controlled 

conditions in airspace that is:

1. Limited;

2. Predetermined;

3. Access Controlled;

4. A safety enhancement by limiting exposure of flight and ground crews, 

vehicles, and structures to the weight, speed, fuel consumption, and paths 

of conventional aircraft presently used in the NAS for these types of 

activities.

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.” Section 333(c) of the Reform Act. The name and address of the 

applicant is:

LUDOVICI & ORANGE CONSULTING ENGINEERS, INC.

329 Palermo AVE

Coral Gables, FL 33134

(305) 448-1600
February 2, 2016

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Regulations from which the exemption is requested:

14 C.F.R. Part 21 

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. 91.109 

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) & (b) 

14 C.F.R. 91.205(b) 

14 C.F.R. 91.215 

14 C.F.R. 91.401 – 91.417(a) & (b) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 CFR 91.151 (a) 

This exemption application is expressly submitted to fulfill Congress’ goal in 

passing Section 333(a) through (c) of the Reform Act. This law directs the 

Secretary of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required under Reform Act § 333(b) to 

determine which types of UASs do not create a hazard to users of the NAS or the 

public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated 

areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Lastly, if the Secretary determines under Reform Act § 333(c) that such vehicles 

“may operate safely in the national airspace system, the Secretary shall establish 
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requirements for the safe operation of such aircraft in the national airspace 

system.”

The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting civil aircraft, 

as the term is defined under §40101 of the Act, that includes sUASs, from the 

requirement that all civil aircraft must have a current airworthiness certificate.

Applicant interprets this provision to place the duty on the Administrator to not 

only process applications for exemptions under section 333, but for the 

Administrator to craft conditions for the safe operation of the sUAS, if it should be 

determined that the conditions set forth herein do not fulfill the statutory 

requirements for approval. 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 

of this title if the Administrator finds the exemption in the public interest. 49 

U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) 

(1). 

The primary vehicle to be used will be the DJI Phantom 2, DJI Phantom 3, DJI 

Inspire 1, DJI Spreading Wings S900, and DJI Spreading Wings S1000+. While 

vehicles may be upgraded as new technological and safety advanced occur, the 

bar for operation and safety will be set by DJI Phantom 2 and any new vehicles or 

versions will meet or exceed the current safety and operational standards. No 

vehicle operated by LUDOVICI & ORANGE CONSULTING ENGINEERS, INC. will be 

modified from the manufacturers design unless specifically directed by the same 

manufacturer.

Given the small size and weight of our sUASs, the applicant falls squarely within 

that zone of safety (an equivalent level of safety) in which Congress envisioned 

that the FAA must, by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and the restricted areas 

in which the relevant sUASs will operate, approval of the application presents no 

national security issue. Given the clear direction in Section 333 of the Reform Act, 
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the authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, including enhanced safety, reduction in environmental 

impacts, including reduced emissions associated with allowing UASs for 

photography, the grant of the requested exemptions is in the public interest. 

Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed herein. 

Such operations will insure that the sUAS will “not create a hazard to users of the 

national airspace system or the public.” These limitations provide for at least an 

equivalent or even higher level of safety to operations under the current 

regulatory structure because the proposed operations represent a safety 

enhancement to the already safe filming operations conducted with conventional 

aircraft. 

These limitations and conditions to which LUDOVICI & ORANGE CONSULTING 

ENGINEERS, INC. agrees to be bound when conducting commercial operations 

under an FAA issued exemption include: 

1. The sUAS will weigh less than 5 lbs.;

2. Flights will be operated within line of sight of the pilot in command

and/or observer;

3. The UAS will weigh less than 55 lbs.;

4. The UAS will have a maximum operating speed of no more than 85

mph;

5. Maximum flight time for each operational flight will be 25 minutes. 

Flights will be terminated at 25% battery power reserve or 25 minutes 

of flight time whichever occurs first;

6. Flights will be operated at altitude of no more than 400 feet AGL or no 

more than 200 feet above an equivalent platform from which filming is 

planned;

7. sUAS Pilot will be Pilot in Command (PIC) 
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8. Minimum crew for each operation will consist of the sUAS pilot (PIC)

and a visual observer (VO), the latter of which may serve as camera 

operator;

9. The UAS pilot designated as Pilot in Command (PIC) will have a 

minimum of 20 hours of flight time with the make and model of UAS 

being used, will hold a private pilot’s license with a valid Third Class 

Medical Certificate, and will possess a current State Issued 

Identification;

10.No changes to PIC will be made from the time that pre-flight is to be 

performed through the landing of a given flight; 

11.A briefing will be performed between no less than the PIC and VO 

regarding the planned UAS operations prior to each day’s flight 

consisting of all days production activities;

12.All flights will occur under visual flight rules meteorological conditions 

(VFR only);

13.The operator will obtain verbal/written consent of all persons involved 

with the planned operations and ensure only consenting persons will 

be allowed within 50 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 advance 

permission of the FFDO, operations at closer range may be approved;

14.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;

15.The PIC and VO will be able to communicate by voice at all times;

16.Written and/or oral permission from the relevant property holders will be 

obtained;

17.If the UAS loses communications with the remote controller or loses

GPS signal, the UAS will have the capability to return to a predetermined safety location within a designated location and land;

18.The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies;

19.PIC will set the UAS to automatically return home in event PIC is

incapacitated.
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As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights 

at or below 200 feet to any UAS operator with a Section 333 exemption, provided 

the aircraft weighs less than 55 pounds, operations are conducted during daytime 

Visual Flight Rules (VFR) conditions and within visual line of sight (VLOS) of the 

PIC, and stay certain distances away from airports or heliports.

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 sUAS to be operated hereunder is less than 5 lbs. fully loaded, carries neither 

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

operates exclusively within a secured area. Unlike other civil aircraft, operations 

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

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. 
February 2, 2016

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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 lightsport 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 may be 

needed as the UAS has no entrance to a cabin, cockpit or pilot station on which 

the word “Experimental” can be placed. Given the size of the sUAS, 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 sUAV marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working 

with the sUAV will see the identification of the UAS as “Experimental.”

No person may operate a U.S.-registered civil aircraft ...

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 sUAS, 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 sUAS will have immediate 

access to it. The FAA has issued the following exemptions to this regulation: 
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Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 

10602, 32827, and 10700. 

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. An equivalent level of safety will be provided by the 

PIC in checking the sUAS before each flight for physical condition, calibration of 

instruments as required by the sUAS manual, and ensuring that all flight surfaces 

and controls are consistent with safe flight. The PIC will take all actions including

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. sUASs 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. See Exemption 

Nos.5778K & 9862A. 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 sUAS 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, except for the limited 

conditions stated in the Manual, the UAS will never operate at higher than 400 

AGL. It will however be operated in a restricted area with security perimeter, 
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where buildings and people will not be exposed to operations without their preobtained 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 weighing 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 

sUAS will ensure separation between these sUAS 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 sUAS 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 

Manual and Safety Check list, 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 sUAS 

provides approximately 30 minutes of powered flight. To meet the reserve 

requirement in 14 CFR §91.151, sUAS flights would be limited to no more than 20 

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 night VFR conditions is not required.
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Applicant believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with FAR 91.151 (a)). Operating the 

sUAS in a tightly controlled area where only people, 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 sUAS. 

Additionally, limiting sUAS flights to no more than 25 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 25 minutes or 25% of battery power whichever happens first. This 

restriction would be more than adequate to return the sUAS to its planned 

landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. 

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 
February 2, 2016

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registration documents or to display them on the sUAS. An equivalent level of 

safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the sUAS will have immediate access to them, to the extent 

they are applicable to the sUAS. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

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. An equivalent level of safety will be 

achieved because these small UASs are very limited in size and will carry a small 

payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise the UAS can land immediately and will be operating from 

no higher than 400 feet AGL. As provided in the Manual, 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.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting 

the grant of the exemptions requested herein, including exempting the applicant 

from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground, and in a sterile 

environment and, as a result, are far safer than conventional operations 

conducted with turbine helicopters operating in close proximity to the ground 

and people. 
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Privacy. All flights will occur over private or controlled access property with the 

property owner’s prior consent and knowledge. Any people in the area that might 

be filmed will have also consented to being filmed or otherwise have agreed to be 

in the area where filming will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, 

weight, speed, operating capabilities, proximity to airports and populated areas 

and operation within visual line of sight and national security – provide more than 

adequate justification for the grant of the requested exemptions allowing 

commercial operation of applicant’s UAS for the purposes and under the 

conditions stated above.

Sincerely,

LUDOVICI & ORANGE CONSULTING ENGINEERS, INC.

CONTACT: Arturo Sosa

329 Palermo AVE

Coral Gables, FL 33134

artjunior@ludovici-orange.com

(786) 580-8679