15 December, 2015 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room W12-140 1200 

New Jersey Avenue, SE. 

Washington, DC 20590 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Joseph A. 

Vicente, operator of an Unmanned Aircraft System (UAS), hereby apply for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial 

operation of its UAS, so 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 under the new blanket provisions for UAS COAs as discussed at 

https://www.faa.gov/news/updates/?newsId=82245. 

This proposed exemption would allow the operation of unmanned aircraft systems (UAS) 

for the purpose of commercial aerial photography and cinematography of real estate, 

vacation rentals, golf courses, and events. Commercial operation of an UAS, as described 

herein, which are equipped with camera and sensors, would operate in the following 

manner: (a) Aerial photography and/or video for public and/or private use including real 

estate and other related professional activities, (b) Aerial video and/or photography for 

public and/or private use including public and private events. 

Applicant: 

Joseph A. Vicente

92 Hyland Ave

Rockaway, New Jersey 07866

973-625-8493

javicente@verizon.net
Regulations from which the exemption is requested, subject, and justification: 

FAR 			Section 			Subject 			 Justification 			

14 CFR Part 21 			Aircraft	certification 			

requirements	and 			procedures

			

Designed	for manned aircraft;

not	suitable for off---the---shelf

UAS 			

14 CFR 45.23 (b) 

			

Requirement to display 			

registration number of 			

vehicle 			

Insufficient space on vehicle

			

14 CFR 61.113 (a) & 

(b) 

			

Private pilot privileges and 			

limitations: pilot in	

command 			

UAS will not carry a pilot or			

passengers 			

14 CFR 61 Requirement for pilot 			

certificate 			

Designed for manned aircraft,		

not UAS 			

14 CFR 91.7 (a) Airworthiness requirement 			 Designed for manned aircraft; 			

not suitable for off---the---

shelf			UAS		

14 CFR 91.9 (b) (2) Requirement	for manual

to			be available in cockpit

			

UAS is unmanned with no 			

cockpit 			

14 CFR 91.103 

			

Requirement for preflight

			action 			

Unmanned vehicle.		PIC will 			

ensure flight safety based on			

weather conditions,

examining		of	UAS, and

following UAS 			

manufacturer instructions 			

14 CFR 91.109 

			

Requirement for dual 			

controls during flight

			instruction 			

No one aboard to operate 			

controls 			

14 CFR 91.119 Minimum altitudes for

safe 			flight			

Safety requires operation 			

below these altitudes 			

14 CFR 91.121 Altimeter settings 			 No one aboard to read 			

altimeter 			

14 CFR 91.151 (a) Fuel	requirements 			 UAS	does not use fuel 			

14 CFR 91.203 (a) & 

(b) 

Requirement for

registration and 			

Airworthiness certificates

			to	be onboard

			 			

No one aboard to read 			

certificates 			
14 CFR 91.205(b) Cockpit instruments

			

No one	aboard to read 			

14 CFR 91.215 (a) & 

(b) 

Transponder requirement

			

Vehicle has insufficient 			

useful load; will be operated	

below ATC radar coverage 			

14 CFR 91.405 (a) Inspection requirements

			

Designed	for manned aircraft;		

not suitable for off---the---

shelf 		UAS 			

14 CFR 91.9 (b) (2) Civil aircraft flight manual

			in the	aircraft

			

No space for flight manual on

UAS, PIC will keep	manual	at	

the	ground control point for

			immediate access. 			

14 CFR 407 (a) (1) Inspection	approval 			

requirements 			

Designed for manned aircraft;		

not suitable for off---the---

shelf

UAS 			

14 CFR 409 (a) (2) Airworthiness inspection

			

Designed for	manned aircraft; 		

not suitable for off---the---

shelf		UAS 			

14 CFR 417 (a) & (b) Maintenance records

			requirements

			

Designed for manned aircraft;	

not suitable	for off---the---

shelf		UAS 			

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 responsibilities to 

“....establish requirements for the safe operation of such aircraft systems in the 

national airspace system.” 

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a 

PHANTOM 2 UAS. I will operate a UAS, the DJI Phantom 3 Professional, Model W323, 

which is comprised of an unmanned aircraft (UAS or Phantom), an attached 4K camera 

and a transportable ground station. 

The UAS DJI Phantom 3 Professional is a quad-copter with a gross weight of 2.8 pounds. 

It is equipped with four rotors that are driven by electric motors powered by batteries. 

The Phantom 3 has a maximum airspeed of 16 m/s. It will be operated in various 
locations within the United States to augment real estate listing videos, capture event 

areal video and photography, and related business operations. 

UAS Operating Parameters:

I will abide by the following additional operating conditions under this exemption, which 

ensures a level of safety at least equal to existing rules: 

• UAS will be registered with the FAA on or after the 21 December, 2015 FAA 

registration implementation date utilizing the on-line registration process.

• Will operate UAS below 200 feet and within a radius distance of not more than 

500 feet from the controller to aid in direct line of sight visual observation; 

• Will obtain permission from the owner/controller of any vessels, vehicles and 

structures when operations may be conducted closer than 500 feet to any such 

vessels, vehicles or structures; I will conduct a safety assessment of the risk of 

operating closer to those objects and determine that it does not present an undue 

hazard; 

• Will operate the UAS for a maximum of 25 minutes per flight; 

• Will operate the UAS only during daylight hours 

• Will land UAS prior to the manufacturer’s recommended minimum level of 

battery power (when no less than 25% battery is remaining) 

• Will operate UAS within visual line of sight (VLOS); 

• Will use the UAS’ global positioning system (GPS) flight safety feature whereby 

it hovers and then slowly lands with preset GPS coordinates if communication 

with the remote control pilot is lost; 

• Will not disable or alter any DJI enabled Geo-Fencing installed technology.

• Will stay certain distances away from airports or heliports: 

a) 5 nautical miles (NM) from an airport having an operational control 

tower; or 

b) 3 NM from an airport with a published instrument flight procedure, but 

not an operational tower; or 

c) 2 NM from an airport without a published instrument flight procedure or

an operational tower; or 

d) 2 NM from a heliport with a published instrument flight procedure

• Will always obtain all necessary permissions prior to operation; have procedures 

in place to abort flights in the event of safety breaches or potential danger; 

• Will only operate in safe environments that are strictly controlled, are away from 

power lines, elevated lights, airports and densely populated areas (defined by

areas depicted in “yellow” on VFR charts and through obtaining information 

regarding congested areas from the local Flight Standards District Office (FSDO); 

• Will conduct extensive preflight inspections and protocols, during which safety 

carries primary importance (reference PHANTOM Flying Flow Chart and User 

Manual).
Regarding UAS operational training, I have flown numerous practice flights in remote 

areas as hobbyists simulating flights for future commercial use to gain familiarization 

with the characteristics of the UAS’ performance under different temperature and 

weather conditions. 

As PIC operating my UAS, I will have accumulated and logged, in a manner consistent 

with 14 CFR 61.51(b), a minimum 25 hours of total time as a UAS rotorcraft pilot 

including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. 

As PIC, I will also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations. In addition to the 

hour requirements, the I, the PIC will accomplish 3 take-offs and landings in the 

preceding 90 days (for currency purposes) prior to any flight. 

Specific Exemptions Requested:

Given the size, weight, speed, and limited operating area associated with the UAS, I feel 

an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 

91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, 

is warranted and meets the requirements for an equivalent level of safety under 14 CFR 

part 11 and Section 333 of P.L. 112-95 (Section 333). 

I request an exemption from § 45.23 Marking of the aircraft because the UAS will not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, 

the two-inch lettering is difficult to place on such a small aircraft with dimensions 

smaller than the minimal lettering requirement. Regardless of this, I can mark the UAS in 

the largest possible lettering by placing the word “Experimental” on its fuselage as 

required by § 45.29(f) so that anyone will see the markings.

 

I request an exemption from § 91.7(a) which prohibits the operation of an aircraft without 

an airworthiness certificate, since there is currently no certificate applicable to our 

operation, this regulation is inapplicable. 

I request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and 

(b) Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution I will perform a preflight inspection of the 

UAS before each flight as outlined in the attached operating documents. 

I request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the 

aircraft, however since there are no pilots or passengers on board the aircraft and given 

its size, this regulation is inapplicable. I believe an equivalent level of safety will be 

achieved by maintaining a safety/flight manual with the UAS ground station. 
I request an exemption from § 91.119 which prescribes safe altitudes for the operation of 

civil aircraft, but it allows helicopters to be operated at lower altitudes in certain 

conditions. I will not operate our UAS above the altitude of 200 feet above ground level 

(AGL) and will also only operate in safe areas away from the public and traffic, thus 

“providing a level of safety at least equivalent to or below those in relation to minimum 

safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, an 

equivalent or higher level of safety will be achieved. 

I request an exemption from § 91.121 Altimeter settings as it is inapplicable since the 

UAS utilizes electronic GPS with a barometric sensor. 

I request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. 

The UAS is 100% electric and two low battery alerts are issued - per the operating 

documents, the UAS will be landed at the first alert. Also, our flights will last only at a 

maximum time of 25 minutes each, and the UAS has an automated function, which 

results in immediate landing when a low battery is detected. The PIC will not begin a 

flight unless (considering wind and forecast weather conditions) there is enough power to 

fly to the first point of intended landing and, assuming normal cruising speed, land the 

UAS with 25% battery power remaining. 

Public Interest:

Aerial photography and videography for real estate and events are proven strategies to 

enhance marketing efforts and increase business success. The industry is not new. 

However, until recently it was conducted through the use of costly manned aircraft, a 

prohibitive business activity for small companies. By granting this exemption I would be 

able to provide affordable services for small business owners, real estate agents, and 

vacation rental owners. 

Further, the small UAS will pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft. 

Conventional photography operations, using jet or piston powered aircraft, at extremely

low altitudes, often very close to the subject being filmed and in close proximity to 

people and structures; and present the risks associated with vehicles that exceed 3,000 

lbs., carrying large amounts of jet A or other fuel. 

In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries eliminates 

virtually all of the risk given the reduced mass and lack of combustible fuel carried on 

board. The UAS is carried to the location. 

The UAS will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights 

Additionally, the operation of our UAS will minimize harm to the environment economic 

growth by providing information to companies and the public looking to relocate or build 
in the metro areas I service. In addition, my request shows my desire to promote a safe 

culture of UAS in the United States. 

Summary 

I hereby attest that I will comply with all of the following conditions and limitations 

should this exemption be provided: 

1. Operations will be limited to the following aircraft described in the operating 

documents, which is a quad-rotor aircraft weighing 2.8 pounds: Phantom 3 

Unmanned Aircraft System. 

2. The UAS will not be flown at an indicated airspeed exceeding 50 knots. 

3. The UAS will be operated at an altitude of no more than 200 feet above ground 

level (AGL), all altitudes reported to ATC must be in feet AGL. 

4. The UAS will be operated within visual line of sight (VLOS) of the Pilot in

Command (PIC) at all times. 

5. All operations will utilize a visual observer (VO). The UAS will be operated 

within the visual line of sight (VLOS) of the VO at all times. The VO and PIC 

will be able to communicate verbally at all times. The PIC will be designated 

before the flight and will not transfer his or her designation for the duration of the 

flight. The PIC will ensure that the VO can perform the functions prescribed in 

the operating documents. 

6. The operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. Any revisions to the operating 

documents will be presented to the Administrator upon request. 

7. Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of 

the UAS, the UAS will not be operated until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. The Ground 

Control Station will be included in the preflight inspection. All maintenance and 

alterations will be properly documented in the aircraft records. 

8. Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a 

functional test flight. The PIC who conducts the functional test flight will make 

an entry in the aircraft records. 

9. The pre-flight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already

covered in the relevant sections of the operating documents. 

10. I will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

11. I will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and 

alterations will be noted in the aircraft records, including total flight hours, 
description of work accomplished, and the signature of the authorized person 

returning the UAS to service. 

12. Each UAS operated will comply with all manufacturer Safety Bulletins. 

13. An authorized person will make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

14. UAS operations will be conducted by a PIC possessing at least a private pilot 

certificate and at least a current third-class medical certificate. The PIC will also 

meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in 

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

15. Prior to operations conducted for the purpose of aerial videography/photography

and for real estate listing videos and public and private events and similar 

operations, the PIC will have accumulated and logged, in a manner consistent 

with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft 

pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. 

16. Prior to operations conducted for the purpose of aerial videography/photography

and for real estate listing videos and public and private events and similar 

operations, the PIC will have accumulated and logged, in a manner consistent 

with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make 

and model of the UAS to be used in operations. The PIC will accomplish 3 takeoffs and landings in the preceding 90 days. 

17. The PIC will not operate the UAS for the purpose of aerial 

videography/photography and for real estate listing videos and public and private 

events and similar operations, unless the PIC has demonstrated and logged in a 

manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in 

a manner consistent with the operating documents, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

18. UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). 

19. The UAS will not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart. 

20. The UAS will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC.

21. If a UAS loses communications or loses its GPS signal, it will return to a 

predetermined location within the planned operating area and land or be 

recovered in accordance with the operating documents. 

22. The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

23. I will not alter or disable any DJI installed GEO-Fencing technology.

24. The PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UAS with 25% battery power remaining. 

25. I will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations, and also request a 
Notice to Air-man (NOTAM) not more than 72 hours in advance, but not less 

than 48 hours prior to the operation. 

26. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UAS will comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency

requirements. 

27. The documents required under 14 CFR 91.9 and 91.203 will be available to the 

PIC at the Ground Control Station of the UAS any time the UAS is operating. 

These documents will be made available to the Administrator or any law 

enforcement official upon request. 

28. The UAS will remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

29. The UAS will not be operated by the PIC from any moving device, vessel or 

vehicle. 

30. The UAS will not be operated over congested or densely populated areas. 

31. Flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

32. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UAS and/or debris in the event of an accident. I will ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the 

UAS, flight operations must cease immediately and/or; 

33. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and; 

34. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

35. All operations will be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

36. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be 

reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. 

Accidents will be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov. 

Similar exemption requests have been recently submitted by Charles Howarth of 

Newport Beach, CA and Andrew Lassiter of Folly Beach, SC. 

Thank you for your consideration of my exemption request. 

 

Sincerely, 
Joseph A. Vicente