September 1, 2015

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Petition of F&N AirPhoto for Exemption Pursuant to Section 333 of the Federal 

Aviation Administration (FAA) Modernization and Reform Act of 2012.

 To whom it may concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR

Part 11, F&N AirPhoto hereby applies for an exemption from Federal Aviation 

Regulations (FARs) identified below, to allow commercial operations of small

Unmanned Aerial System (i.e.,sUAS).

This exemption is in accordance with protocols outlined in this petition for exemption, 

the enclosed F&N AirPhoto Operations Manual, the UAS manufacturer's operations

and/or instructions manual, UAS User’s Manuals, UAS Quick Start Guides, and any 

other requirements established by the FAA pursuant to Section 333 of the Reform Act.

This exemption would permit commercial operation by F&N AirPhoto, which uses the 

DJI Inspire to conduct sUAS aerial photography, inspections, engineering, real estate

photography and videography, closed set film and movie production, flight training and

agriculture flights. F&N AirPhoto operation under the exemption will be subject to 

specific operating requirements and conditions to ensure an equivalent level of safety to 

currently authorized operations using manned aircraft and under conditions as may be 

modified by the FAA as required by Section 333. 

F&N AirPhoto respectfully request a waiver on the 45-day comment period, as this 

application is identical in description to other Section 333 Exemptions that have already 

been granted. 

F&N AirPhoto respectfully submits this request for an exemption because it operates

sUAS. Currently, the operations F&N AirPhoto will be conducting will be in lieu of

comparatively hazardous operations now conducted with fixed wing androtary

conventional aircraft. The FAA can have confidence that the operations will be

conducted at an equivalent level or greater level of safety. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the

Reform Act to “establish requirements for the safe operation of such aircraft systems in 

the national airspace system.”
F&N AirPhoto submits the Operations Manual as a confidential document under 14 

CFR § 11.35(b), the entire content of this manual contains condifential information that 

F&N AirPhoto has no and will not make available to others. This manual contains 

operating procedures and additional information that is not available to the public and 

are protected from release under the Freedom of Information Act, 5 USC § 552 (b) (4).

For your convenience, F&N AirPhoto has organized this Exemption request as follows:

I. Petitioner's Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the ReformAct

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII. Federal Registry Summary

IX. Additional Information

I. Petitioner's Description:

F&N AirPhoto, Inc., for the past five years have been serving local and international 

clients that include industrial manufacturing, architectural clients, construction 

companies, law enforcement, real estate as well as many other commercial and 

industrial clients. We currently use helicopters and small manned aircraft to provide 

aerial photography of industrial equipment in use on construction sites, support to

news services, monthly construction progress recording, architectural photography, 

sports photography, real estate, corporate manufacturing facility photography, aerial 

surveying, inspections, movie production, and many other uses in a compliant and

safe environment. 

By permitting us to use sUAS for these purposes it will greatly reduce the impact on 

the environment with less fuel consumption as well as less noise pollution. In addition 

the safety factor with the use of sUAS will be greater as we often are required to fly

low and in close proximity to the subject. By using a five pounds sUAS instead of a 

manned aircraft weighting hundreds or thousands of pounds everyone on the ground 

and in the air would be much safer. 

Is for this reason that F&N AirPhoto has assembled a team of sUAS personnel, 

including pilots with Commercial and Instructor Ratings to operate sUAS within the 
National Airspace (NAS) under controlled VFR conditions at or below 400’ AGL. 

F&N AirPhoto will operate the sUAS with pilots who are current and qualified with a 

FAA Pilot Certificate and have completed F&N AirPhoto’s traning program. 

Under the requested exemption, F&N AirPhoto ensures all operators have completed 

sUAS education and training programs including all applicable regulations and 

guidance documents; including aeronautical background information such as charts, 

NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human 

Factors and Crew Resource Management; Basic sUAS Aerodynamics; Weather 

factors; Airmanship and Decision-making and Safe Operations Procedures.

F&N AirPhoto’s goal is to operate in an accident-free environment by:

● Demonstrating a commitment by management and all employee’s to

operator in a compliant manner.

● Identify hazard and risk while eliminating or controlling all these risk.

They will use steps to intervene and report when unsafe work practices

appear to exist.

● Train all employees involved in flight operations to operate at the

highest standard level.

The contact information for petitioner is as follows:

F&N AirPhoto

HC 4 Box 8439

Aguas Buenas, PR 00703

Félix Bahamonde, President

Cell: (787) 994-1302

II. Relevant Statutory Authority:

This petition for exemption is submitted to fulfill Congress' goal in passing Section

333(a) through (c) of the Reform Act. Congress has directed the FAA "tosafely

accelerate the integration of civil unmanned aircraft systems into the national airspace

system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to 

consider whether certain Unmanned Aircraft Systems may operate safely in the

National Airspace ("NAS") before completion of the formal UAS rulemaking, based on

the following considerations:

 The UAS's size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports and populatedareas;

and
 Operation of the UAS within the visual line of sight of the operator.

If the Secretary determines that such vehicles "may operate safely in theNational

Airspace System, the Secretary shall establish requirements for the safe operation of 

such aircraft in the National AirspaceSystem".

Additionally, the FAA Administrator has general authority to grant exemptions from its

safety regulations and minimum standards when the Administrator decides a requested

exemption is in the public interest. A party requesting an exemption must explainthe

reasons why the exemption: (1) would benefit the public as a whole, and (2) wouldnot

adversely affect safety (or how it would provide a level of safety at least equal to the

existing rules).

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 termis

defined under 40101 of the Act, from the requirement that all civil aircraft must have a

current airworthiness certificate and those regulations requiring commercial pilotsto 

operate aircraft in commercial service:

The Administrator may grant an exemption from a requirement

of a regulation prescribed under subsection (a) or (b) of this

section or any ofsections.

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval

under Section 333 of the Reform Act. Each of the statutory criteria and other relevant

factors are satisfied.

The proposed operations would permit F&N AirPhoto the use of small UAS under

controlled conditions in airspace that is: (1) predetermined; (2) controlled as to access; 

and that (3) provides an Increased level of safety beyond that existing when fixed or 

rotor wing aircraft are used to accomplish the same purpose.

F&N AirPhoto uses UASs that are multi-rotor, weighing less than 55 pounds including 

payload. They operate, under normal conditions, at speeds not to exceed 50 mph. The 

multi-rotor has the capability to hover and move in the vertical and horizontal plane. 

F&N AirPhoto UASs will operate in line of sight, during daylight hours. F&N AirPhoto 

will operate at or below 200 feet AGL and will file a NOTAM for each flight operated

in controlled airspace that is required. All required permissions and permits would be

obtained from territorial, state, county or city jurisdictions, Including local law

enforcement, fire, or other appropriate governmental agencies prior to operating a

sUAS.

Given the small size of the sUAS’s involved and the low altitude within which they

will operate, this F&N AirPhoto’s exemption falls within the zone of safety and 

demonstrate an equivalent level of safety, in which Congress desired the FAA to 

permit commercial sUAS operations by exemption pending completion of formal
rulemaking. Also, due to the size of the sUAS’s and the confined area in which

the sUAS’s will operate, approval of the application presents no hazard in the NAS.

 Considering the clear direction in Section 333 of the Reform Act, the authority

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

surrounding the proposed operations, and the significant public benefit, the grant of 

the requested exemptions is also in the public interest.

IV. Description of Proposed Operations

The enclosed Operations Manual describes, in detail, the policies and proceduresfor 

F&N AirPhoto proposed sUAS operations. To assist the FAA in its safety assessment

of F&N AirPhoto proposed sUAS operations, below is a summary of operational 

limitations and conditions that will ensure an equivalent or higher level of safety to

operations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 55 pounds.

2. Flights will be operated within line of sight of the PIC and visual

observer.

3. Maximum total flight time for each operational flight will be limited 

to the amount of time the sUAS can be flown and still maintaina

reserve battery power or fuel quantity of no less than 25%.

4. Flights will be operated at an altitude of no more than 200 feet AGL.

5. Flights will be operated at a lateral distance of least 100 feet from any

inhabited structures, buildings, vehicles, vessels, people not associated

with the operation or who have not signed a waiver in advance of the

operation.

6. Minimum crew for each operation will consist of the 

sUAS Pilot in Command and a Visual Observer.

Additional crewmembers consist of a Pilot and a Camera

Operator.

7. The sUAS Pilot in Command will be an FAA licensed airman

with at least a private pilot's certificate, third class medical, and a

current check required by 14 CFR Part 61.56 in an aircraft in 

which the PIC is rated on his or her pilot certificate.

8. F&N AirPhoto will designate a Pilot in Command ("PIC") for each

mission.

9. Prior to the operations at a particular location, a site inspection will

have been conducted. On the day of the mission the management

person with operational control and the PIC will concur on
dispatching of the mission.

10. F&N AirPhoto crew will use the checklist and callouts 

required in the Operations Manual.

11. All sUAS’s will be maintained in accordance with the manufacturer’s 

guidelines.

12. In the event of an accident involving an F&N AirPhoto sUAS, they

will cease operations and report the accident to the NTSB and AFS80.

13. Pilot in Command and Visual Observer will at all times be

able to communicate by voice.

14. Pilot in Command, Pilot, Camera Operators and Operational

Personnel will have been trained and tested in accordance to F&N 

AirPhoto’s Training Program.

15. All required permissions and permits would be obtained from

territorial, state, county or city jurisdictions, including locallaw

enforcement, fire or other appropriate governmental agencies.

16. In compliance with approved Waiver, F&N AirPhoto management 

will submit a written “Plan of Activities” to the local Flight 

Standards District Office (FSDO) having jurisdiction over the area of 

proposed filming three days in advanced of operations during film or

movie productions.

17. If the sUAS loses communications signal, the sUAS will have the

capability to return to a pre-determined location within the operational 

area and land.

18. Contingency plans will be in place to safely terminate flight if 

there is a loss of communication between the pilot and the

observer.

19. The sUAS has the capability to abort a flight in case of 

unpredicted obstacles or emergencies.

20. F&N AirPhoto, by following procedures listed in the Operations 

Manual will assure no individuals privacy is violated.

21. Procedures have been established in F&N AirPhoto’s Operations 

Manual to contact ATC prior to operating in airspace other than

Class G.
V. Regulations From Which Exemption is Requested

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privilegesand

Limitations; Pilot in Command

B. 14 CFR § 91.103: Preflight Action

C. 14 CFR § 91.113: Right-of-Way Rules

D. 14 CFR § 91.119 (c): Minimum Safe Altitudes

E. 14 CFR § 91.121: Altimeter Settings

F. 14 CFR § 91.109: Flight Instruction

G. 14 CFR § 91.203 (a) & (b): Carrying Civil Aircraft 

Certification and Registration

H. 14 CFR § 91.203 (a)(1): Airworthiness Certificates

I. 14 CFR § 91.9: Civil Aircraft Flight Manual, Marking, 

and Placard Requirements

J. 14 CFR § 45.23(b): Display of Marks; General

K. 14 CFR § 91.151(a): Fuel Requirements for Flight in VFR

Conditions

L. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) 

and(b): MaintenanceInspections
A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; 

Pilot in Command

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike

a conventional aircraft that carries a pilot, passengers, and cargo, the sUAS’s are

remotely controlled with no passengers or property of others on board. F&N 

AirPhoto respectfully proposes that the FAA should take into account the

characteristics and procedures of the particular sUAS.

F&N AirPhoto proposes that the actual operation of the sUAS does not require 

the Pilot to hold a private pilot certificate. Instead, the actual site operation 

requires a private pilot certificate. F&N AirPhoto proposes the following

requirements:

 Pilot in Command Requirements:

1. The PIC must possess a Private Pilot’s Certificate and a valid third-class 

medical certificate;

2. The PIC must have accumulated and logged a minimum of 200 flight cycles 

and 25 hours of total time as a sUAS pilot and at least 10 hours logged as a

sUAS pilot with a similar sUAS type (single blade or multi-rotor) and 5 

hours in type of sUAS aircraft.

3. The PIC must have accumulated and logged a minimum of five hours as 

sUAS pilot with the make and model of sUAS to be utilized for

operations

under the exemption and three takeoffs and landings in the preceding 90 days.

4. The PIC must have successfully completed the qualification process as 

specified in the F&N AirPhoto Operations Manual, to include a 

knowledge and skill test.

5. The PIC must also meet the flight review requirements specified in 14 CFR

Part 61.56 in an aircraft in which the PIC is rated on his or her pilot

certificate.

 Pilot Requirements:

1. The Pilot must have accumulated and logged a minimum of 200 flight cycles 

and 25 hours of total time as a sUAS rotorcraft pilot and at least 10 hours 

logged as a sUAS pilot with a similar sUAS type (single blade or multirotor).

2. The Pilot must have accumulated and logged a minimum of five hours as 

sUAS pilot with the make and model of sUAS to be utilized for operations 

under the exemption and three takeoffs and landings in the preceding 90 days.

3. The Pilot must have successfully completed the qualification process as
specified in the F&N AirPhoto Operations Manual to include a knowledge 

and skill test.

4. The Pilot must have successfully completed the recurrent requirements as 

specified in F&N AirPhoto Training Program within the last 12 calendar

months.

Equivalent Level of Safety

F&N AirPhoto utilizes both a PIC and a Pilot to increase safety during flight operations. 

While the Pilot is concentrating on flying the UAS the PIC has the ability oversee 

safety of the entire operations. The PIC will always remain within 10 feet of the Pilot 

when the UAS is airborne to assist or take over if an emergency should happen.

Procedures developed by F&N AirPhoto far exceed the current safety requirements 

established by the FAA. F&N AirPhoto respectfully requests the option to use a two 

pilot crew and the second crewmember not having to possess a private pilot certificate.

B. 14 CFR § 91.103: Preflight Action

F&N AirPhoto requests an exemption from the preflight actions requirements of 14

CFR 91.113 that prescribes the preflight actions under which aircraft may operate:

Each pilot in command shall, before beginning a flight, become familiar with all

available information concerning that flight.

(a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot

be completed, and any known traffic delays of which the pilot in command has 

been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following 

takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight

Manual containing takeoff and landing distance data is required, the

takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this 

section, other reliable information appropriate to the aircraft, relating to 

aircraft performance under expected values of airport elevation and 

runway slope, aircraft gross weight, and wind and temperature.

F&N AirPhoto will not operate sUAS’s under IFR conditions or when the ceilings are

below 1000 feet and the visibility is below 3 statute miles. DJI’s sUAS’s do not have

published approved Airplane or Rotorcraft Flight Manual containing takeoff and 

landing distance data.
Equivalent Level of Safety

Located in F&N AirPhoto Operations Manual are procedures describing steps the PIC

along with the person having operational control must follow to assure that the weather

will be adequate to complete the mission in VFR condition. Since F&N AirPhoto

operates in Puerto Rico where the density altitude is never usually above 2000 feet, UAS

performance is not affected. When F&N AirPhoto is allowed to operate in other parts of

the United States the UAS used in those locations will be test flown at gross weight to

test performance limitations prior to conducting commercial operations.

C. 14 CFR 91.113: Right-of-Way Rules

F&N AirPhoto request an exemption from 14 CFR 91.113 Right-of-way rules, requiring 

vigilance by each person operating an aircraft so as to see and avoid other aircraft. When 

a rule of this section gives another aircraft the right-of-way, the pilot shall give way to 

that aircraft and may not pass over, under, or ahead of it unless well clear.

F&N AirPhoto operates small pilotless UAS’s and cannot comply with these rules as 

they have been written.

Equivalent Level of Safety

F&N AirPhoto operates sUAS’s at or below an altitude of 200 feet AGL, well below the

normal operating altitude of other aircraft. A Visual Observer will assist the PIC in

looking for aircraft entering the operations area. It’s the responsibility of the PIC to cease

operations and land the sUAS immediately whenever an aircraft comes into the vicinity

creating a potential threat. Operations cannot recommence until the threat is clear. 

D. 14 CFR. § 91.119 (c): Minimum Safe Altitudes

F&N AirPhoto requests an exemption from the minimum safe altitude 

requirements of14 CFR 91.119 that prescribes the minimum safe altitudes under 

which aircraft may operate:

 Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within 

a horizontal radius of 2,000 feet of the aircraft.

 Over other than congested areas at 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.
Section 91.119 (d) allows for a helicopter to operate at less than thoseminimum

altitudes when it can be operated "without hazard to persons or property on the

surface," provided that "each person operating the helicopter complies with anyroutes

or altitudes specifically prescribed for helicopters by the FAA."

To provide the intended operations, the sUAS will be normally operated below 200 

feet AGL. Additionally, due to the nature of the proposed operations, the sUAS will

maintain a lateral distance of at least 100 feet from inhabited structures, buildings,

vehicles, and vessels, and from people not associated with the operation.

Equivalent Level of Safety

Compared to flight normal aircraft, F&N AirPhoto’s multi-rotor aircraft weigh a 

maximumof 25 pounds, and given the lack of flammable fuel, any risk associated 

with these operations is far less than those that presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight, and 

speed ofthe UAS, as well as the location where it is operated. As set forth in the

Operations Manual, the sUAS will be operated in a safe area, where buildings and 

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

of the advance notice to the property owners and participants, all affected individuals 

will be well aware of the planned flight operations as set forth in the Operations

Manual.

Furthermore, by operating at such lower altitudes, the sUAS will not interferewith 

aircraft that are subject to the minimum safe altitude regulations. Finally,the

successful safety record of the DJI sUAS’s demonstrates that the sUAS can besafely

used at these lower altitudes and closer operatingenvironments.

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

F&N AirPhoto seeks an exemption from 14 CFR 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an 

altimeter that is set to the elevation of the departure airport or barometric pressure. 

An exemptionis required because the sUAS does not have a barometric altimeter, but 

rather a GPS altitude read out.

Equivalent Level of Safety

F&N AirPhoto will confirm the altitude of the launch site shown on the GPS altitude 

indicator before flight. Moreover, the PIC will use the GPS altitude indicator to 

constantly monitor the sUAS's height, thus ensuring operation atsafe altitudes.

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

Section 91.109 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. 
Equivalent Level of Safety

By their design, sUAS and remotely piloted aircraft 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 and 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. 

For sUAS platforms that require manual flight control, the PIC and the student that 

the PIC is training will use a “buddy box” system utilizing two transmitters. The 

PIC instructor will be able to control the sUAS with his or her transmitter, flip a 

switch to transfer control to the student, and may flip the switch again to regain 

control. In this manner, the PIC instructor can demonstrate how to fly the sUAS or 

perform a “rescue” of the sUAS if the student makes a poor aeronautical decision. 

Use of the buddy box system allows this level of control without having the PIC and 

student pass a physical controller between them.

When the PIC is performing training on sUAS platforms that utilize a computer, 

tablet, or other non-radio transmitter as their primary source of control, the PIC will 

provide an equivalent level of safety through the use of a radio transmitter that can 

override autonomous control via a switch located on the radio transmitter. When this 

switch is activated, control is transferred from the autopilot to the transmitter, 

immediately taking the autopilot offline. The sUAS will then be operated in the same 

manner as a basic radio controlled aircraft. The PIC will maintain visual line of sight 

at all times in order to determine whether such intervention becomes necessary. 

G. 14 CFR § 91.203(a) & (b): Carrying Civil Aircraft Certification 

and Registration

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft.

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed 

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

maximum gross weight of under 6.5 pounds, the sUAS is too small to carry 

documentation, does not have an entrance, and is not capable of carrying passengers or 

crew. 

Equivalent Level of Safety

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that 

documents deemed appropriate for this aircraft by the FAA will be co-located with the 

crew at the ground control station and available for inspection upon request.
H. 14 CFR § 91.203 (a)(1): Airworthiness Certificates

The FAA has stated that no exemption is needed from this section if a finding is

made under the Reform Act that the sUAS selected provides an equivalent level of 

safety when compared to aircraft normally used for the same application.

(Regulatory Docket No. FAA- 2014-0352). These criteria are met, and therefore no 

exemption is needed.

Equivalent Level of Safety

The UAS’s selected by F&N AirPhoto are safe when taking into account their size, 

weight, speed, and operational capability. The sUAS weigh less than 7 pounds and will 

be flown at less than 35 miles per hour and completely outside controlled airspace. 

Additionally, the UAS carry neither pilots nor passengers, carry no explosive materials 

and or flammable liquid fuels, and operate exclusively within the parameters stated in 

the Operator’s Manual and Manufacturers Manual. 

Operations under this exemption will be closely controlled and monitored by the 

operator and will be conducted in compliance with local public safety requirements, to 

provide security for the area of operation. 

In all cases, the sUAS will be operated under the proposed conditions, will be at least as 

safe as, or safer than conventional rotorcraft operating with an airworthiness certificate 

without the restrictions and conditions of the proposed sUAS operations.

I. 14 CFR § 91.9: Civil Aircraft Flight Manual, Marking, and 

Placard Requirements

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. We assume that the intent of this requirement 

is to ensure that flight manual information is available to the aircrew while operating 

the aircraft. We request an exemption to this requirement since the aircraft is not only

too small to carry documentation, the documentation would not be available to the 

crew during flight operations. 

Equivalent Level of Safety

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a 

current, approved sUAS Flight Manual must be available to the crew at the ground 

station anytime the aircraft is in, or preparing for, flight.

J. 14 CFR § 45.23(b): Display of Marks; General

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 2 inches high. Additionally, the aircraft must 

display the word "EXPERIMENTAL" in letters at least 2 inches high near the 
entrance to the cabin, cockpit, or pilot station. The sUAS does not have an 

entrance in which the word "EXPERIMENTAL" can be placed, and may not have 

a registration number assigned to it by theFAA.

Equivalent Level of Safety

F&N AirPhoto proposes to achieve an equivalent level of safety by including the

word "EXPERIMENTAL" as large as practicable on the top of the aircraft, where 

the PIC, Visual Observer and others in the vicinity of the aircraft will be able to 

see the designation. Finally, the ground station will display a high contrast flag or 

banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 

inches high or greater. Since the aircraft will operate within 3/4 NM of the ground 

station, the banner should be visible to anyone that observes the aircraft and 

chooses to investigate its point of origin.

In a previous Grant of Exemption, Regulatory Docket No. FAA-2014-0352, the 

FAA determined that exemption from these requirements was warranted provided 

that the aircraft "have identification (N-Number) markings in accordance with 14 

C.F.R part 45, Subpart C if the markings are as large as practicable."

K. 14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

F&N AirPhoto requests an exemption from 14 CFR § 91.151(a)'s fuel requirements 

for flight in VFR conditions. Section 91.151states:

(a) No person may begin 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 25 minutes; or

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

The batteries powering F&N AirPhoto’s UAS’s provide approximately 10-20

minutes of powered flight. To meet the 30 minutes reserve requirement in 14 CFR 

91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's 

proposedflight area and the location of its proposed operations within a 

predetermined area, a safety margin based on a reserve amount of battery life is

needed.

F&N AirPhoto will not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be

conducted on-site without significant transit time by the sUAS. All flights will be 

plannedto terminate with no less than 25% reserve battery power still available. 

Thisrestriction would be more than adequate to return the sUAS safely to its 
planned landing zone from anywhere in its confined area of operation even in the 

event of an unexpected occurrence. Operation of the sUAS with less than 30 

minutes of reserve fuel doesnot Include the type of risks that Section 91.151(a) was

intended to alleviate given the size and speed of the small UAS, and the proximity

of the flight operation to thelanding zone. Moreover, operation will be limited to 

controlled areas where only people and property owners, or official representatives 

who have signed waivers will be allowed.

L. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and(b):

MaintenanceInspections

F&N AirPhoto also seeks an exemption from the maintenance inspection

requirements contained in 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) 

and (b). Theseregulations specify maintenance and inspection standards in reference 

to 14 CFR Part 43. 14 CFR 91.405(a) (stating that each owner or operator of an 

aircraft "shall have theaircraft inspected as prescribed in subpart E of this part and 

shall between required inspections...have discrepancies repaired as prescribed in part 

43 of this chapter"). 

An exemption to these regulations is needed because Part 43 and these sections only

apply to aircraft with an airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance andinspections 

will be performed in accordance with the DJIUser’s Manual. As provided in the 

Operations Manual, the operator will ensure thatthe sUAS is in working order prior 

to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. 

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that

flight operations will only take place in restricted areas for limited periods of time

during daylight hours, creates less risk than that associated with conventional

rotorcraft performing the same operation.

VI. PUBLIC INTEREST

Approval of exemptions allowing commercial operations of sUAS platforms for 

commercial purposes will enhance safety by providing services to customers without 

the danger and cost associated with manned aircraft. Approval of commercial 

training of sUAS pilots will enhance safety by providing trained sUAS pilots for hire 

to the commercial sUAS industry. The operation of sUAS, weighing less than 55 

pounds, conducted in accord with the 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. As a result, sUAS are far safer than 

conventional operations conducted with manned aircraft. 

VII. Privacy

F&N AirPhoto knows that many individual have concerns about privacy from the 

operations of sUAS’s. F&N AirPhoto has created a privacy notice that informs

residents, commercial property owners, churches, schools, and governmental 

organizations of our intent to conduct commercial drone operations in proximity to 

their property.

VIII. Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication isneeded:

F&N AirPhoto seeks an exemption from the followingrules:

14 CFR Part 61.113 (a) and (b); 14 CFR 91.103; 14 CFR 91.113; 14 CFR 91.119 (c);

14

CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR;

14 CFR 91.409(a)(2); 14 CFR 91.417 (a) &(b); 14 CFR 91.109(a); 14 CFR 

91.203(a) & (b); 14 CFR 91.203 (a) (1); 14 CFR 91.9 and 14 CFR 45.23 (b)

Approval of this exemption request allows F&N AirPhoto to conduct commercial

operations with small and lightweight unmanned aerial systems. The cornerstone of

F&N AirPhoto business is safety, education, and solution’s, which enhance safety of 

sUAS operations in the NAS while reducing risk to the general public and property

owners.

F&N AirPhoto uses sUAS, weighing less than 55 pounds and powered by batteries 

and small amounts of fuel. This eliminates virtually all of that risk given the

reduced mass and lack of large amounts of combustible fuel carried on board as

compared manned aircraft. The sUAS is transported to the designated mission area

and set up there. The sUAS will carry no passengers or crew and, therefore, will

not expose them to the risks associated with manned aircraft flights.

The operation of this small UAS will provide an equivalent level of safety, supporting 

the grant of the exemptions requested herein, Including exempting the applicant from

the requirements of several regulations and allowing commercial operations. These

lightweight sUAS’s operate at slow speeds, close to the ground, and in a safe 

environment. As a result, they are far safer than conventional operations conducted 

with fixed wing aircraft or helicopters.

IX. Additional Information:

The applicant, Félix Bahamonde, is a safety conscious member of the aviation 
community with over 9 years of experience shooting aerial photography from 

helicopters as well as small fixed wing aircrafts without incidents. Mr. Bahamonde 

holds a Bachelor of Business Administration in Aviation Management from the 

Inter-American University of Puerto Rico, he is also a rated airman (3550090) and 

has been providing aerial photography and video production services that includes 

air-to-air and air-to-ground cinematography from turbine helicopters with many

hundreds of flying hours. He has over 100 hours of flight using different types of 

sUAS and is also a registered member of the Academy of Model Aeronautics (AMA) 

(1081575).

The applicant believes this exemption request and associated safety considerations 

adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, 

providing sufficient justification for the granting of commercial operations of the 

applicant’s sUAS. 

DJI Inspire 1 Documents & Manuals: http://www.dji.com/product/inspire-1/download

If additional information is required, or if you have any questions regarding this 

Petition for Exemption, please contact the undersigned at:

Very truly yours, 

Felix Bahamonde Hernandez, President

F&N AirPhoto

(787) 994-1302

fnairphoto@gmail.com