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March 17, 2015

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Avenue, SE., Washington, DC 20590

Re: Exemption Request Pursuant to Section 333 of th e FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR Pa rt 21, Subpart H; 61.23 (a); 61.113(a) and (b); 91.103; 91.109; 91.119(c); 91.12 1; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b)

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Dear Sir or Madam:

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, EGM100x35 Aerial Solutions an operator of Unmanned Aircraft Systems (“UASs”) for aerial photo graphy and video on the real estate industry, surveying, agriculture industry, c onstruction industry, motion picture industry, television industry and special e vents, hereby applies for an exemption from the Federal Aviation Regulations (“F ARs”) to allow commercial operation of its UASs, so long as such operations a re conducted within and under the conditions outlined herein or as may be establi shed by the FAA as required by

Section 333.

An exemption is being requested because (1) EGM100x 35 Aerial Solutions can provide a level of safety that is equal (or greater than in many cases) to those provided by existing rules, and (2) the request is in the public interest. The FAA’s authority to issue exemptions from operating rules, and the Secretary’s authority granted by Section 333 of P.L. 112-95, Special Rule s for Certain Unmanned Aircraft Systems, provide an opportunity to authorize certai n UAS operations in the National Airspace System (NAS) prior to implementation of th e UAS rule. This incremental step and opportunity will allow EGM100x35 Aerial So lutions to safely and legally

enter into the NAS.

The requested exemption would permit EGM100x35 Aeri al Solutions to operate UASs under controlled conditions in airspace that i s (1) limited; (2) predetermined; (3) subject to controlled access, and (4) would pro vide safety enhancements to the already safe operations of those aircraft of simila r size, weight, speed, and operating capability that have been granted entry into the NA S via the rules in Academy of Model Aeronautics (AMA) National Aircraft Safety Co de. 

### EGM100x35 Aerial S olutions

El Vedado 112 Padre Las Casas San Juan, Puerto Rico 009182

Photos and Videos from several angles and height ar e far more effective than ground- based imagery for displaying the characteri stics of large, complex properties with several buildings where helicopters cannot reach. It is known that charting a 2 seat full-sized helicopter or airplane for this purpose, has proven very costly and has limitations. The benefits of reduce d cost, reduced noise interference, safety and improved quality of presentation from th e UASs will be valuable to and benefit many real estate industry, agriculture indu stry, construction industry, motion picture industry, television industry, surve ying and special events. The site based photography occurs in restricted or other are as where access to the public is strictly limited and controlled. Under virtually a ll circumstances, all of the only property or structures near the sites are owned and operated by the same entity soliciting the aerial photography services. As a r esult, the operation has no substantial impact on any third persons not involve d in the actual site project. As established by the exemptions already granted by th e FAA, approval of EGM100x35 Aerial Solutions exemption would enhance safety, ne w windows of opportunities 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 3 33(c) of the Reform Act.

Operation Overview

UASs operated by EGM100x35 Aerial Solutions weigh l ess than 5 pounds, including the payload (first person view system, camera and g imbal). They operate at speeds of no more than 30 knots, can hover, and can simult aneously move vertically and horizontally. EGM100x35 Aerial Solutions will only operate its UASs in line of sight (VLOS) and will operate only within the operation m anuals and authorize airspace. They will routinely be operated below 200 feet abov e ground level (AGL), and never about 400 feet AGL. Operations will always be condu cted in areas that are clear of all people, except the pilot in command (PIC), PIC’ s helper(s) or/and production crew. Such operations will insure that the UAS wil l “not create a hazard to users of the national airspace system or the public.”

Given the small size of EGM100x35 Aerial Solutions’ UASs and the restricted sterile environment within which they will operate, EGM100x 35 Aerial Solutions’ UAS operations adhere to the Reform Act’s safety requir ements. Additionally, due to the

size of the UASs and the limited areas in which the y will operate, approval of this application presents no national security issues. Based on the substantial level of safety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impac ts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingly, EGM100x35 Aerial Solutions’ respectfully requests t hat the FAA grant the requested exemption without delay.3

Aircraft

EGM100x35 Aerial Solutions operates Phantom 2 UASs manufactured by DJI, a wellknown leader in quad copter technology. DJI strive s to bring new perspectives to aerial work and help companies accomplish feats saf er, faster, and with greater efficiency. They have an unparalleled commitment t o quality and safety, a culture of constant innovation, and a focus on transforming co mplex technology into easy-touse devices. The standard Phantom quad copter pack age includes the Phantom itself, camera, gimbal, propulsion system, flight c ontrol system, 2.4 GHz frequency

remote controller.

The Phantom is about 1 foot square in size. It has a maximum ascent speed of 11 knots, a maximum descent speed of 3 knots, and a ma ximum flight speed of 29 knots. While operating within VLOS, the remote cont rol has a range of 2,624 feet. The total weight (including the payload) is 2.55 po unds.

The Phantom is equipped with a DJI Naza-M V2 flight control system. This provides for incredible ease of use and stability. Pilots c an control the Phantom’s movements in many directions – including pitch (forward and b ackward), roll (left and right), elevator (up and down), and yaw (turn left or right ). The flight control system can also provide Intelligent Orientation Control (IOC), failsafe, battery level warnings, and show the aircraft’s current reading, direction, and approximate distance from home on the on-screen radar. The built-in GPS syst em aids in stabilizing the aircraft and automatically and safely returns it back to its home point in any case where communication between the remote control and quad c opter are lost.

The Inertial Measurement Unit (IMU) has a built-in inertial sensor and a barometric altimeter that measures both attitude (ATTI) and al titude. The inertial

measurement tells the Phantom how it’s tilted. And the gyros tell it if it’s rotating in any particular direction.

The Phantom’s compass read geomagnetic information and assist the Global Positioning System (GPS) to accurately calculate th e position and height of the aircraft. The vertical hover accuracy is +/- 2.6 ft . The horizontal hover accuracy is +/- 8.2 ft.

The Phantom has LED flight indicators beneath each of its four rotor arms. The LEDs illuminate to indicate the status of the fligh t control system and alert the PIC of any possible issues via established light codes.

The Phantom software has the capability to be upgra ded via USB in a computer to enhanced performance with the latest software or fi rm available on DJI website.

Such highly advanced capabilities will ensure that the SUASs can be safely operated

and “not create a hazard to users of the national a irspace system or the public.” As per Reform Act Section 333 (b).4

Equivalent Level of Safety

The operating limitations proposed by EGM100x35 Aer ial Solutions provide for at least an equivalent or higher level of safety. In an effort to join the FAA in its mission to provide the safest, most efficient aeros pace system in the world and to minimize the risk to the NAS or to persons and prop erty on the ground. EGM100x35 Aerial Solutions agrees to be bound by th e following limitations and conditions when conducting commercial operations un der an FAA issued exemption as set forth in operator’s manual and UASs will be operated within the standards

that the FAA has allowed in the AMA National Model Aircraft Safety Code:

1. The UASs will weigh less than 55 pounds.

2. Will not be flown in a careless and reckless manner

. 3. Will not be flown at a location where UASs activiti es are prohibited.

4. Flights will be operated within line of sight of a pilot and/or observer.

5. Maximum flight time for each operational flight wil l be 25 minutes. Flights will be terminated at 25% battery power reserve and will occur prior to the 25 minute limit at about 15 minute flight time.

6. Flights will be operated at an altitude of no more than 400 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

7. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and the production staff.

8. A UAS Pilot will be Pilot in Command (PIC). If a pi lot certificate holder other than the UAS Pilot, who possesses the necessary PIC qualifications, is also present on set, that person can also be designated as PIC.

9. A briefing will be conducted for planned UAS operat ions prior to each day’s flight. All personnel performing duties within the boundaries of the safety perimeter are required to attend.

10. The operator will file a FAA Form 7711-1, or its eq uivalent, as modified in light of the requested exemption, with the appropri ate Flight Standards District Office (”FSDO”).

11. The operator will obtain consent of all persons inv olved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation. With the advanced permission of t he FSDO, operations at closer range can be approved.

12. The operator will submit a written Plan of Activiti es to the FSDO three days before the proposed shoot.

13. The Pilot and observer must be trained in UAS opera tions and have received current information on the particular UAS to be ope rated.

14. The Observer and pilot will at all times be able to communicate by voice and/or visual signals.

15. Written and/or oral permission from the relevant pr operty holders will be

obtained.5

16. All required permissions and permits will be obtain ed from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

17. If the UAS loses communications or loses its GPS si gnal, the UAS will have the capability to return to a pre-determined location w ithin the Security

Perimeter and land.

18. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 14 C.F.R. § 61.113(a) and (b): Private Pilot

Preflight Action Plan

The PIC will follow a comprehensive pre-flight chec klist to ensure that the UAS is in a condition for safe flight. This plan will be imp roved as needed in order to ensure all known safety precautions and/or safety precauti ons suggested by the manufacturer are being accounted for.

Preventative Maintenance

Comprehensive preventative maintenance plan will be followed in order to ensure the UAS’s software is up-to-date, the batteries are in good health, and the aircraft itself is always ready for safe flight.

Privileges and Limitations:

Pilot in Command Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safe ty of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground- based operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventi onal aircraft. The risks associated

with the use of a UAS are so diminished from the le vel of risk associated with commercial operations contemplated by Part 61 allow ing UAS use by a private pilot as the PIC exceeds the present level of safety soug ht by 14 C.F.R. §61.113 (a) and (b). 14 C.F.R. § 91.103: Preflight Action Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flig ht. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested . However, an equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoff di stances, and aircraft performance data before commencement of flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes6

Section 91.119 establishes safe altitudes for opera tion of civil aircraft. Section 91.119 provides, in pertinent part, that: “except w hen necessary for takeoff or landing, no person may operate an aircraft below th e 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.”

Because EGM100x35 Aerial Solutions requests authori ty to operate at altitudes only up to 200 feet and never above 400 feet, and not mo re than 200 feet above an elevated platform from which filming is planned, an exemption is needed to allow such operations. The UAS will never operate higher than 400 AGL. It will, however, be operated in a restricted area within a security perimeter, where buildings and people will not be exposed to operations without th eir pre-obtained consent.

The equivalent level of safety will be achieved giv en the size, weight, and speed of the UAS as well as the location where it is operate d. No flight will be taken without the permission of property owners or local official s. Because of the advance notice to the property owners and participants in the film ing activity, all affected individuals will be informed of the planned flight operations. Compared to flight operations for manned aircraft and the lack of flam mable fuel, any risk associated with the proposed UAS operations is far less than c onventional aircraft operating at or below 500 AGL. In addition, the low-altitude op erations of the UAS will ensure separation between a UAS and conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 requires each person operating an ai rcraft to maintain cruising altitude by reference to an altimeter that is set “ ...to the elevation of the departure airport or an appropriate altimeter setting availab le before departure.” As a UAS may not have a barometric altimeter, but instead a GPS altitude data, an exemption is needed. An equivalent level of safety will be a chieved by the operator.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from begi nning “a flight in an airplane under VFR conditions unless (considering wind and f orecast weather conditions) there is enough fuel to fly to the first point of i ntended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes.

The battery powering the EGM100x35 Aerial Solutions UASs provides approximately 25 minutes of powered flight. To mee t the 30-minute reserve requirement in 14 CFR §91.151, UAS flights will be limited to approximately 12-15 minutes in length. Given the limitations on the UA S’s proposed flight area and its proposed operations within a predetermined location , a longer time frame for flight in daylight VFR conditions is reasonable. Furtherm ore, operating the UASs in a tightly controlled area where only people, property owners, or official7

representatives who have signed waivers will be all owed, less than 30 minutes of reserve fuel does not engender the type of risk tha t §91.151(a) was intended to

address.

EGM100x35 Aerial Solutions believes that safety can be achieved by limiting flights to 12-15 minutes or 25% of battery power, whichever occurs first. This restriction would be more than adequate to return the UAS to it s pre-determined landing zone from anywhere in its limited operating area.

EGM100x35 Aerial Solutions is not seeking an exempt ion for nighttime UAS operations. 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 a nd 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 sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to EGM10 0x35 Aerial Solutions operations. Maintenance will be accomplished by the operator. An equivalent level of safety will be achieved because the UASs are limited in size, w ill carry a small payload and operate only in restricted areas for limited period s of time. If mechanical issues arise, the UAS can land immediately and will be ope rating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to flight, perform any required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the UAS and best suited to maintain it in an airworthy condition.

Privacy

All flights will occur over private or controlled a ccess areas with the property owner’s prior consent and knowledge. Filming will be only of people who have given their consent or otherwise have agreed to be in the area where filming will take place.

Satisfaction of the criteria provided in Section 33 3 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 to grant EGM100x35 Aerial So lutions requested exemption, allowing for EGM100x35 Aerial Solutions UAS commerc ial operations for the aerial photography on real estate industry, agriculture in dustry, construction industry, motion picture, television industry, surveying and special events.8

Summary for Publication

Pursuant to 14 C.F.R. Part 11, the following summar y is provided for publication in the Federal Register, should it be determined that publication is needed:

EGM100x35 Aerial Solutions seeks an exemption under Section 333 from the following rules:

14 C.F.R. Part 21, Subpart H; 61.23 (a); 61.113(a) and (b); 91.103; 91.109; 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)( 1); 91.409 (a)(1) and (2); 91.417(a) and (b) to operate commercially a small unmanned aerial veh icle or UAS.

As established by the UAS exemptions already grante d by the FAA, allowing commercial operations will enhance safety by reduci ng risk. Conventional film operations, using turbine aircraft or helicopters, operate at low altitudes and present the risks associated with aircraft that wei gh around 4,000 pounds, and which carry large amounts of Jet A fuel. Such aircr aft must also fly to and from the film location. In contrast, a UAS weighing fewer t han 5 pounds and powered by batteries eliminates virtually all of that risk giv en the small size and lack of combustible fuel. The UAS is carried, and not flow n, to a film set. In this regard, the UAS carries no passengers or crew and, therefore, w ill not expose them to the risks associated with manned flights.

The operation of UASs conducted in the strict condi tions will provide an equivalent level of safety supporting the grant of the exempti on requested herein. The UASs operate at slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer than conventional operations con ducted with turbine airplanes or helicopters carrying fuel and flying near the groun d and people.

If you have any questions or need any additional in formation, please contact the undersigned EGM100x35 Aerial Solutions, Attn: Enriq ue García Melchor.; Ph: 787- 568-0522; Email: egm100x35@gmail.com ; Physical Address: El Vedado 112 Padre

Las Casas San Juan, Puerto Rico 00918; Mailing Address: P.O. Box 366726, San Juan,

P.R. 00936

Sincerely yours,

Enrique García Melchor

EGM100x35 Aerial Solutions