4790 N Powerline Rd

Pompano Beach, FL 33073

Contact: Gabriel E Alvarez, President

(954) 937-4029

RE: EXEMPTION REQUEST UNDER SECTION 333 OF THE FAA REFORM ACT AND PART 11 OF 

THE FEDERAL AVIATION REGULATIONS 

 

Dear Sir/Madam,

Pursuant to Section 333 of PL 112-95 commonly known as the "FAA Modernization and Reform 

Act of 2012" or "The Reform Act", Aerial Vision Services, LLC, hereby petitions the FAA for 

authorization to conduct commercial operations of its Unmanned Aircraft Systems (UAS), as well 

as for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

operation, so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA in an exemption granted under either Section 333 

or Section 49 U.S.C. § 44701(f).

SECTION I – REQUESTED REGULATIONS FOR EXEMPTION 

Regulations from which the exemption is requested:

14 C.F.R. 61.113 (a) (b) and 61.133 (a) (l) (ii)- Private and Commercial Pilot Privilege and 

Limitations 

“14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section. No 

person who holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire act as pilot in command of an aircraft. (b) A private pilot may for 

compensation or hire, act as pilot in command of an aircraft in connection with any business

or employment if:

- 14 C. F. R. § 61.133: (a) Privileges- (/) General. A person who holds a commercial pilot 

certificate may ac1 as pilot in command of an aircraft- (ii) for compensation or hire, 
provided the person is qualified in accordance with this part and with the applicable parts of 

this chapter that apply to the operation.”

Currently, there are no applicable areas identified for UAS in either the private or 

commercial sector and therefore an exemption is required to conduct commercial 

operations. As flight operations will be conducted in a restricted environment, these 

strict guidelines will achieve an equivalent level of safety for each individual flight 

especially when compared to commercial flights identified in Part 61 when originally 

developed. In addition, with the DJI Phantom 3 Professional UAS primary control system 

utilizing GPS waypoints for guidance and control, APS flight operations will be 

conducted by qualified DJI Phantom 3 Professional UAS operators.

NOTE: Operators may or may not hold a private pilot license.

- 14 C.F.R. 91.109 (a) - Flight Instruction > States: 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.

DJI Phantom 3 Professional UAS (as described below in Section IV of this petition) is

developed with single operational control through the use of pre-determined GPS 

enabled waypoints programmed before or during flight in addition to the use of a single 

hand held transmitter or control station controlled by the Pilot In Command (PlC). The 

design does not allow for dual controls during flight training and therefore the 

exemption is requested to qualify/certify operators as required by the manufacturer 

along with specific operations training and procedures identified above within section II. 

An equivalent level of safety will be ensured during training operations by utilizing the 

same flight planning process for normal operations. In the flight planning document, all 

ground hazards will be identified and mitigation techniques will be enacted to ensure 

flights stay outside of 250 ft. of any improved roads, vehicles, persons or structures. 

NOTE: The FAA has set precedent by previously issuing exemptions for§ 91.1 09(a): Exemption 

Nos. 5778K and 9862A. Also see most recent exemption approvals for Astraeus Aerial, Aerial 

MOB. HeliVideo Productions, RC Pro Product ions. Snaproll Media and Pictorvision for 

further justification of approval.

- 14 C.F.R. 91.151 (a)- Fuel Requirements for Flight in VFR Conditions> States: No person 

may begin flight in an airplane under VFR conditions unless (considering wind and forecast 

weal her conditions /here is enough fuel to fly to the first point of intended landing and,

assuming normal cruising speed- (I) During the day to fly after that for at least 30 minutes:
The DJI Phantom 3 Professional UAS (as described below in Section IV of this petition) 

has a limited flight time of approximately 23 minutes, and is operated by using a LiPo 

4S battery.

NOTE: The FAA has set precedent by previously issuing exemptions for§ 91.151 (a): Exemption 

Nos. I 067 3. 2689F, 5 745. I 067 3 and I 0808. Also, see most recent exemption approvals 

for Astraeus Aerial. Aerial MOB. HeliVideo Productions. RC Pro Productions. Snaproll Media 

and Pictorvision for further justification of approval.

- 14 C.F.R. 91.119 (c) - Minimum Safe Altitudes> States: Except when necessary for takeoff 

or landing, no person may operate an aircraft below the following altitudes: (c) Over other 

than congested areas. An altitude of 500 feet above the surface, except over open water or 

sparsely populated areas. In those cases. The aircraft may not be operated closer than 500 

feet to any person, vessel, vehicle, or structure.

All Aerial Vision Services, LLC operations will be conducted at 400ft AGL or below in 

uncontrolled Class G and occasionally E airspace. As sUAS are inherently safer than 

traditional aircraft due to their small size, light weight, battery operated vice fuel and no 

human on-board; Aerial Vision Services, LLC will not operate within 250ft to any 

improved roads, vehicles persons or structures (other than those being inspected as 

part of the flight operation). In addition, objects/hazards will be identified and geolocated prior to flight to be utilized within the flight planning stages to ensure this 

objective is met.

- 14 C. F. R. 91.121 - Altimeter Settings > States: Each person operating an aircraft shall 

maintain the cruising altitude or flight level of that aircraft, as the case may be by reference 

to an altimeter that is set. When operating ...

The DJI Phantom 3 Professional UAS (as described below in Section IV of this petition) 

is equipped with Global Positioning System (GPS) which provide altitude and geolocation data to the operator vice utilizing an altimeter. Due to this fact, an exemption is 

required for this system to be utilized in flight. GPS are precise within a few feet and 

therefore meet a safety level equal to if not higher than regulatory guidance.

NOTE: The FAA has recently set precedence to this regulation within like given parameters and 

an exemption should be approved on this basis. See exemption approvals for Astraeus Aerial,

Aerial MOB, HeliVideo Productions, RC Pro Productions, Snaproll Media and Pictorvision.

- 14 C.F.R. 91.405 (a), 91.407 (a) (1), 91.409 (a) (2) and 91.417 (a) & (b)- Maintenance 

Inspections 

 91.405 (a) States: Each owner or operator of an aircraft-(a) 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 I his chapter

 91.407 (a) (l) States: (a) No person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless-( I) It has been 

approved for return to service by a person authorized under§ 43.7 of this chapter

 91.409 (a) (2) States: (a) Except as provided in paragraph (c) of this sec/ion, no 

person may operate an aircraft unless, within the preceding 12 calendar months, it 

has had-(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. No inspection pe1jormed under paragraph 

(b) of this section may be substituted for any inspection required by this paragraph 

unless it is performed by a person authorized to perform annual inspections and is 

required as an '·annual·' inspections and is entered as an 'annual' inspection in the 

required maintenance record~.

 91.417 (a) & (b) States: (a) Except for work pe1jormed in accordance with§§ 91.411 

and 91.413. each registered owner or operator shall keep the following records for 

the periods specified in paragraph (b) of this section: (paragraphs I (i- iii). 2 (i- vi)); (b) 

The owner or operator shall retain the following records for the periods prescribed: 

(paragraphs I - 3)

Due to the fact the DJI Phantom 3 Professional UAS at present does not have an 

airworthiness certificate, these regulations do not apply and therefore an 

exemption is required. Pre/Post and routine inspections (not to exceed 50 flight 

hours) and maintenance will be conducted in accordance with the 

manufacturer's guidance as stated in the operations manual. Unscheduled 

maintenance will be accomplished in the event of a mechanical or structural 

failure during flight. At no time will there be changes made to the air vehicle 

which would impact the structural integrity of the air frame without the 

manufacturer making such changes and verifying the flight its air worthiness.

All inspection and maintenance will be documented and maintained in-house. 

These actions will meet the intent of the regulation exemption is being 

requested and lead to the equivalent level of safety.

NOTE: The FAA has recently set precedence to this regulation within like given 

parameters and an exemption should be approved on this basis. See exemption 

approvals for Astraeus Aerial. Aerial MOB, HeliVideo Productions. RC Pro Productions. 

Snaproll Media and Pictorvision.
SECTION II – RESTRICTIONS FOR SAFE UAS OPERATIONS 

The UAS will be operated in the field with both a PIC (Pilot in Command) and a VO (Visual 

Observer) in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for 

UAS" and with the following restrictions:

- (a) No flight will be made with a UA Gross weight exceeding 55 pounds;

- (b) All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at an 

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC;

- (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation;

- (d) Operations will be restricted to flights over private property with the permission of 

the property owner;

- (e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR §

61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft

pilot and at least ten hours logged as a UA pilot with a similar UA type;

- (f) All required permits will be obtained from state and local government prior to 

operation;

- (g) The sUAS System will not be operated over densely populated areas;

- (h) The sUAS System will not be operated at air shows;

- (i) The sUAS System will not be operated over any open-air assembly of people;

- (j) The sUAS System will not be operated over heavily trafficked roads;

- (k) The sUAS System will not be operated within 5 NM of an airport or heliport;

- (l) The sUAS System will not be operated over properties smaller than two acres in size;

- (m) Operations will be restricted to day only and weather conditions equivalent to VFR;

- (n) The PIC will brief the VO and property owner about the operation and risk before 

the first flight at each new location;

- (o) No flight may be made without a Pre-Flight Inspection by the PIC before each 

operation to ascertain that the UA is in a condition safe for flight.

- 

SECTION III – BENEFITS OF EXEMPTION APPROVAL 

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, 3) 

controlled as to access, and 4) would provide safety enhancements to the already safe 

operations in the fields in which it will operate, presently using manned aircraft or ground 

personnel.

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. 

Aerial Vision Services, LLC submits that the combination of the UA's light weight, flight 

performance and ability, fully qualified flight crew and strict operation under the guidelines 

established in 8900.227, and under all other Restrictions (a) through (o) listed above, the FAA 

can have full confidence that the operation will have an equivalent or greater level of safety 

than manned aircraft performing the same mission. Like in exemption No. 11153, the ability to 

use an UAS, replacing manned aircraft, the safety of the public and all those considered. UAS 

also provides an additional tool to the aerial photography industry which supplement the 

current capabilities offered by manned aircraft.

The requested exemption would support an application for a commercial Certificate of 

Authorization to use the above described UAS to conduct aerial videography and 

cinematography for the purpose of augment real estate listing videos.

SECTION IV – EQUIPMENT AND OPERATION 

About DJI PHANTOM 3 PROFESSIONAL 

Here are the technical specifications of the equipment that Aerial Vision Services LLC will be 

operating:

AIRCRAFT 

Weight (Including Battery and Propellers) 1280 g

Diagonal Size (Including Propellers) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy Vertical: +/- 10cm

Horizontal: +/- 1m

Max Speed 16 m/s (ATTI mode, no wind)

Max Altitude above Sea Level 6000 m

Operating Temperature 0°C to 40°C

GPS Mode GPS/GLONASS

Max Flight Time Approximately 23 minutes
Battery Type LiPo 4S

Battery Voltage 15.2 V

VISION POSITIONING 

Max Velocity Less than 8 m/s (when 2 m above ground)

Altitude Range 30 cm-300 cm

Operating Range 30 cm-300 cm

Operating Environment Surface with clear pattern and adequate lighting (Lux > 15)

Other specifications that make this specific UAS convenient for our business include:

• 4K Video / 12 Megapixel Photo Camera

• Integrated 3-Axis Stabilization Gimbal

• Easy to Fly, Intelligent Flight System

• Live HD View

• Dedicated Remote Controller

• Powerful Mobile App w/ Auto Video Editor

• Vision Positioning for Indoor Flight

 

About the ground operational base:

• A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UA while in the air;

• A 2.400 GHz-2.483 GHz remote controller operated by the PIC to control the UA

while in flight;

• A mobile device receiving live video and flight data from the on-board camera 

and computer projects it all together onto a screen for the PIC to view during 

flight;

• A Visual Observer (VO) is a person who provides a second pair of eyes to visually 

track the UAS while in flight.
SECTION IV – ABOUT AERIAL VISION SERVICES, LLC 

UAS is an additional tool to the aerial photography industry which supplement the current 

capabilities offered by manned aircraft, to enhance and evaluate the landscape of properties in 

the South Florida area. Aerial Vision Services, LLC provides aerial digital photographs and 

videos to clients on a contracted case by case basis in the following areas:

- Construction

- Inspection

- Surveying

- Real Estate

- Cinematography

Acceptance of this contracts are based on the mutual ability to conduct the operation in a safe 

and responsible manner.

Additionally, Aerial Vision Services, LLC requests that it be allowed to use its UAS to service first 

responders nearby when assistance is required, including fire fighters, the police, the sheriff, 

etc., while remaining subject to all limitations cited in this application as we do so.

Aerial Vision Services, LLC is prepared to modify or amend any part of this request to satisfy 

the need for an equivalent level of safety. Please contact us at any time if you require 

additional information or clarification. We look forward to working with your office.

Best Regards,

Gabriel E Alvarez

President

(954) 937-4029