Wesley B. Mendoza

WM Aerial Innovations

6100 Rocky Canyon Road

Atascadero, CA 93422

(805) 423-0388

wmaerialinnovations@gmail.com

July 31, 2015

UNITED STATES DEPARTMENT OF TRANSPORTATION DOCKET MANAGEMENT SYSTEM

1200 New Jersey Ave., SE

West Building Ground Floor 

Room W12-140

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 

2012 and 14 CFR Part 11.

Dear Sir or Madam:

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

CFR Part 11, WM Aerial Innovations, owned by Wesley B. Mendoza is seeking a request for an 

exemption from the Federal Aviation Regulations (FAR) listed below so that WM Aerial 

Innovations may operate Small Unmanned Aircraft Systems (UAS’s) commercially in airspace 

regulated by the FAA. Wesley B. Mendoza has been piloting UAS/RC planes as recreational 

devices for over five years and would like to expand into operating UAS, specifically the DJI 

Phantom 3 Advanced and the commercial market.

Of specific interest as to conduct aerial photography and inspection, as long as such operations 

are conducted within and under the conditions outlined herein or as established by the FAA as 

required by Section 333. These activities include but may not be limited to:

1. Aerial inspections in the oil and gas on and off shore, utilities and wireless infrastructures 

and its assets, solar power industries including residential and commercial applications.

2. Television production and other aerial photography and videography pertaining to the 

media 

3. Aerial inspection surveys including roofing, all phases of constructions, farm, agriculture

oil and gas. 

4. wild life population and detection. 

5. Aerial imagery for search and rescue, police and law enforcement assistance. 

6. Aerial photography/ videography for marketing real estate, commercial and residential 

real estate.

.

As described below, the requested exception would permit the operation of lightweight (less 

than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial use by a 

trained UAS operator as outlined in Section 333 of the Reform Act.
WM Aerial Innovations, in keeping with the regulations, will be utilizing the DJ Phantom 3 

Advanced, which weighs less than 55 pounds. UAS will not carry passengers or payload for hire 

or compensation. It operates at a speed less than 50 knots and has the capability to hover and 

move in the vertical and horizontal plane simultaneously,. The UAS will operate within the line 

of sight within a protected flight area as described below and at 200 feet AGL or less. These 

operations will not create a hazard to users of the airspace, neither public nor environmental.

WM Aerial Innovations respectfully requests the grant of an exception to the following specific 

sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs for 

commercial use. 

14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b), 91.109, 

91.119, 91.121, 91.151 (a), 91.203 (a&b), 91.405 (a), 91.407 (a)(1), 91.409 (a & b).

, 

WM Aerial Innovations submits this application in accordance with the Reform Act seeking relief 

from any currently applicable FAR’S operating to prevent WM Aerial Innovations future 

commercial use of small UASs to operate in the national airspace system as described below. 

The Reform Act Section 333 provides for such integration of civil unmanned aircraft into our 

national airspace system as it is in the public’s interest to do so. WM Aerial Innovations UASs 

(DJ Phantom 3 Advanced) meets the definition of “small unmanned aircraft” as defined in 

Section 333 and therefor the integration of these UASs are expressly contemplated by the 

Reform Act. WM Aerial Innovations would like to operate its lightweight UAS prior to the time 

period by which the Reform Act requires the FAA to promulgate rules governing such aircraft. 

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in national airspace before completion of the rule making 

required under Section 333 of the Reform Act. In making this determination, the Secretary of 

Transportation is required to determine which UASs do create a hazard to users of the national 

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

The UASs size, speed, weight and operational capability

Operation of the UASs in close proximity to airports and populated areas

Operation of the UASs within visual line of sight of the operator

The DJ Phantom 3 Advanced meets the aforementioned specifications on size, speed, weight 

and operational capability as follows:

Weight (including battery and propeller) 1280 g

Diagonal Size (including propeller) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Max Speed 16 m/s

Max Altitude Above Sea Level 6000 m

GPS Mode GPS/Atti

Please note any other pertinent specifications at www.dji.com

The very small nature of these UASs combined with the safe guards presented below, will allow 

for the safe operation greater than that envisioned by Congress for the FAA to establish and by 

exemption allow commercial operations of UASs to commence immediately. Also, due to the 

size of UASs and the areas and altitudes they will operate approval of this exception presents 
no national security issues and absolutely minimal safety concerns which have been mitigated 

through trained risk management guidelines. Given the clear direction expressed in Section 

333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the 

strong equivalent level of enhanced safety, reduced emissions utilizing UASs verses traditional 

aircraft, as well as, the economic impact of greatly reducing the cost of aerial photography and 

videography, thereby imposing a benefit to the greater public. Accordingly, the applicant 

requests that the FAA grant the requested exemption without delay.

The following will be considered as the binding limitations of operations for WM Aerial 

Innovations:

Flights will only occur in the daytime hours

Flights will be operated in the line of sight of the trained operator (PIC) and Observer (VSO)

Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” by 

manufacturers recommendations

The UAS will weigh less than 55 lbs.

Flights will be operated at 200 feet AGL or less

PIC will do a thorough preflight inspection just as he would with any airplane operation

Operator and crew will remain in contact during flight operation

The UASs operator will perform a check of the flight area and make certain of the safety of all 

persons in the area

Consent will be obtained from all person within the video capabilities of the units to further 

reduce the chance of violating anyone’s privacy

All required FAA clearances will be obtained and distances from airports strictly observed

All UASs will have the capability to return automatically to the operator’s designated take off and 

landing location, in a safe manner with the auto return function checked and working with 

appropriate GPS connection

Flights will only operate in VFR conditions

UASs have a function on the control to tell operator the distance away operator, altitude and 

battery power remaining, and operating status

Flight team will communicate by voice and the use of two-way radio if the area is too great for 

verbal communication from all team members, an observer will always be present

CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203 (a)(1)

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary certificates in relation to FAR 91.203 (a)(1). The size, weight and defined area of 

operations for WM Aerial Innovations UASs (DJ Phantom 3 Advanced) flights permits exception 

from Part 21 because they meet an equivalent level of safety pursuant to Section 333 of the 

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 USC 4470(f) and exemption 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt Ass from airworthiness certificates in 

consideration of weight, size, speed, maneuverability and proximity to areas such as airports 

and dense populations (see specs above and limitations of operations described above). WM 

Aerial Innovations meets or exceeds each of these elements.

As of 2015, the FAA has stated that it will automatically grant a “blanket” COA for flights at or 

under 200 AGL, to any UASs operator with Section 333 exemption.
14 CFR 91.203 (a&b) provides for carrying of civil aircraft certifications and registrations. These 

are inapplicable for the same reasons stated above. The equivalent level of safety will be 

achieved by maintaining such certifications and registrations.

14 CFR 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by FAR’s, this regulation is 

inapplicable and does not pertain to said request.

14 CFR 91.9 (b)(2) Civil Aircraft Flights Manual in Aircraft

14 CFR 91.9 (b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or 

passengers, and given the size of the UAS’s, this regulation is inapplicable. An equivalent level 

of safety will be achieved by maintaining such certifications and registration at WM Aerial 

Innovations operations center. Furthermore, as outlined, prior to each activity, a thorough 

inspection of the UAS will be followed including parts, propellers, and battery.

The FAA has previously issued exemptions to this regulation in Exemption Numbers 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700, and 32827.

14 CFR 91.119Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It 

allows helicopters to be operated at lower altitudes in certain conditions. WM Aerial Innovations 

will only operate its UASs at or below 200ft AGL. They will be operated on a well-defined AOR 

that has been carefully reviewed for hazards and minimizes the presence of any persons not 

essential for these operations. Flights will only be over private property that the owner has 

consented and all persons within this video area also have given permission for filming. 

Compared to flight operations of conventional and traditional aircraft or rotorcraft weighing far 

more 1000 pounds, operating below 500 AGL with flammable fuel UASs operations present a 

far smaller risk to the public.

Approval of these 333 Exemptions allowing commercial operations of small UASs in the service 

of aerial photography and aerial inspections for compensation will greatly enhance safety of the 

public and its interest by reducing the overall risk associated with traditional aircraft. Traditional 

aerial photography requires large aircraft with hydrocarbon combustible engine that emits green 

house gasses into the atmosphere and also requires them to fly in close proximity of populated 

areas and people in general. Use of small UASs of 55 pounds or less, battery operated and 

flying below 200ft AGL, the risk of injury of people on the ground or the crew has been reduced 

or almost eliminated. The granting of the use of these small UASs to WM Aerial Innovations will 

give people safe and legal access to obtain aerial photographs, as well as, aerial inspections 

that will have a positive impact from reduced emissions in to the atmosphere and safer for the 

public and its interest.

Granting WM Aerial Innovations the above requested exemption will allow for the expansion of 

UAS systems into the future for the safe conduct of free enterprise. WM Aerial Innovations 

respectfully requests the FAA to grant its exception without delay. The FAA has the authority to 

issue the exemption sought by WM Aerial Innovations pursuant to the Federal Aviation Act 85 

P.L. 726 (1958) as amended (the ACT).
Respectfully, 

Wesley B. Mendoza 

 Manuals for the DJI Phantom 3 Advanced attached file is too large to upload. Here is a link to 

the Manual for the DJI Phantom 3 Advanced. http://www.dji.com/product/phantom-3/download