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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 the FAA Reform Act and Part 11 

of the Federal Aviation Regulations from: 14 CFR 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).

Dear Sir or Madam: 

In accordance with Section 333 of the FAA Modernization 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 photography and video on the real 

estate industry, surveying, agriculture industry, construction industry, motion 

picture industry, television industry and special events, hereby applies for an 

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

operation of its UASs, 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. 

An exemption is being requested because (1) EGM100x35 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 Rules for Certain Unmanned Aircraft 

Systems, provide an opportunity to authorize certain UAS operations in the National 

Airspace System (NAS) prior to implementation of the UAS rule. This incremental 

step and opportunity will allow EGM100x35 Aerial Solutions to safely and legally 

enter into the NAS. 

The requested exemption would permit EGM100x35 Aerial Solutions to operate 

UASs under controlled conditions in airspace that is (1) limited; (2) predetermined; 

(3) subject to controlled access, and (4) would provide safety enhancements to the 

already safe operations of those aircraft of similar size, weight, speed, and operating 

capability that have been granted entry into the NAS via the rules in Academy of 

Model Aeronautics (AMA) National Aircraft Safety Code. 

EGM100x35 Aerial Solutions

El Vedado 112 Padre Las Casas

San Juan, Puerto Rico 00918
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Photos and Videos from several angles and height are far more effective than 

ground- based imagery for displaying the characteristics 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 reduced cost, reduced noise interference, 

safety and improved quality of presentation from the UASs will be valuable to and 

benefit many real estate industry, agriculture industry, construction industry, 

motion picture industry, television industry, surveying and special events. The site 

based photography occurs in restricted or other areas where access to the public is 

strictly limited and controlled. Under virtually all 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 result, the operation has no 

substantial impact on any third persons not involved in the actual site project. As 

established by the exemptions already granted by the FAA, approval of EGM100x35 

Aerial Solutions exemption would enhance safety, new 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 333(c) of the Reform Act. 

Operation Overview 

UASs operated by EGM100x35 Aerial Solutions weigh less than 5 pounds, including 

the payload (first person view system, camera and gimbal). They operate at speeds 

of no more than 30 knots, can hover, and can simultaneously move vertically and 

horizontally. EGM100x35 Aerial Solutions will only operate its UASs in line of sight 

(VLOS) and will operate only within the operation manuals and authorize airspace. 

They will routinely be operated below 200 feet above ground level (AGL), and never 

about 400 feet AGL. Operations will always be conducted 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 will “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, EGM100x35 Aerial Solutions’ UAS 

operations adhere to the Reform Act’s safety requirements. Additionally, due to the 

size of the UASs and the limited areas in which they 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 impacts (reduced emissions and 

noise), the grant of the requested exemption is in the public interest. Accordingly, 

EGM100x35 Aerial Solutions’ respectfully requests that the FAA grant the requested 

exemption without delay. 
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Aircraft 

EGM100x35 Aerial Solutions operates Phantom 2 UASs manufactured by DJI, a wellknown leader in quad copter technology. DJI strives to bring new perspectives to 

aerial work and help companies accomplish feats safer, faster, and with greater 

efficiency. They have an unparalleled commitment to quality and safety, a culture of 

constant innovation, and a focus on transforming complex technology into easy-touse devices. The standard Phantom quad copter package includes the Phantom 

itself, camera, gimbal, propulsion system, flight control 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 maximum flight speed of 29 

knots. While operating within VLOS, the remote control has a range of 2,624 feet. 

The total weight (including the payload) is 2.55 pounds. 

The Phantom is equipped with a DJI Naza-M V2 flight control system. This provides 

for incredible ease of use and stability. Pilots can control the Phantom’s movements 

in many directions – including pitch (forward and backward), 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 system 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 copter are lost. 

The Inertial Measurement Unit (IMU) has a built-in inertial sensor and a barometric 

altimeter that measures both attitude (ATTI) and altitude. 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 the 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 flight control system and alert the PIC of 

any possible issues via established light codes. 

The Phantom software has the capability to be upgraded via USB in a computer to 

enhanced performance with the latest software or firm 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 airspace system or the public.” As 

per Reform Act Section 333 (b). 
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Equivalent Level of Safety

The operating limitations proposed by EGM100x35 Aerial 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 aerospace system in the world and to 

minimize the risk to the NAS or to persons and property on the ground. 

EGM100x35 Aerial Solutions agrees to be bound by the following limitations and 

conditions when conducting commercial operations under 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 activities 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 will 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 pilot 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 operations 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 equivalent, as modified in 

light of the requested exemption, with the appropriate Flight Standards 

District Office (”FSDO”). 

11. The operator will obtain consent of all persons involved in the filming and 

ensure that only consenting persons will be allowed within 100 feet of the 

flight operation. With the advanced permission of the FSDO, operations at 

closer range can be approved. 

12. The operator will submit a written Plan of Activities to the FSDO three days 

before the proposed shoot. 

13. The Pilot and observer must be trained in UAS operations and have received 

current information on the particular UAS to be operated. 

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 property holders will be 

obtained. 
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16. All required permissions and permits will be obtained 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 signal, the UAS will have the 

capability to return to a pre-determined location within 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 checklist to ensure that the UAS is in 

a condition for safe flight. This plan will be improved as needed in order to ensure 

all known safety precautions and/or safety precautions 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 safety 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 conventional aircraft. The risks associated 

with the use of a UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 allowing UAS use by a private pilot 

as the PIC exceeds the present level of safety sought 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 flight. 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 distances, and aircraft performance 

data before commencement of flight. 

14 C.F.R. §91.119(c): Minimum Safe Altitudes 
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Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119 provides, in pertinent part, that: “except when necessary for takeoff or 

landing, no person may operate an aircraft below the following altitudes: ..... 

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure.” 

Because EGM100x35 Aerial Solutions requests authority to operate at altitudes only 

up to 200 feet and never above 400 feet, and not more 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 their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, and speed of 

the UAS as well as the location where it is operated. No flight will be taken without 

the permission of property owners or local officials. Because of the advance notice 

to the property owners and participants in the filming activity, all affected 

individuals will be informed of the planned flight operations. Compared to flight 

operations for manned aircraft and the lack of flammable fuel, any risk associated 

with the proposed UAS operations is far less than conventional aircraft operating at 

or below 500 AGL. In addition, the low-altitude operations 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 aircraft to maintain cruising 

altitude by reference to an altimeter that is set “...to the elevation of the departure 

airport or an appropriate altimeter setting available 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 achieved 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 beginning “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 30 minutes. 

The battery powering the EGM100x35 Aerial Solutions UASs provides 

approximately 25 minutes of powered flight. To meet 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 UAS’s proposed flight area and its 

proposed operations within a predetermined location, a longer time frame for flight 

in daylight VFR conditions is reasonable. Furthermore, operating the UASs in a 

tightly controlled area where only people, property owners, or official 
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representatives who have signed waivers will be allowed, less than 30 minutes of 

reserve fuel does not engender the type of risk that §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 its pre-determined landing zone 

from anywhere in its limited operating area. 

EGM100x35 Aerial Solutions is not seeking an exemption 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 and 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 EGM100x35 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, will carry a small payload and 

operate only in restricted areas for limited periods of time. If mechanical issues 

arise, the UAS can land immediately and will be operating 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 access 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 333 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 Solutions requested exemption, 

allowing for EGM100x35 Aerial Solutions UAS commercial operations for the aerial 

photography on real estate industry, agriculture industry, construction industry, 

motion picture, television industry, surveying and special events. 
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Summary for Publication

Pursuant to 14 C.F.R. Part 11, the following summary 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 vehicle or UAS. 

As established by the UAS exemptions already granted by the FAA, allowing 

commercial operations will enhance safety by reducing risk. Conventional film 

operations, using turbine aircraft or helicopters, operate at low altitudes and 

present the risks associated with aircraft that weigh around 4,000 pounds, and 

which carry large amounts of Jet A fuel. Such aircraft must also fly to and from the 

film location. In contrast, a UAS weighing fewer than 5 pounds and powered by 

batteries eliminates virtually all of that risk given the small size and lack of 

combustible fuel. The UAS is carried, and not flown, to a film set. In this regard, the 

UAS carries no passengers or crew and, therefore, will not expose them to the risks 

associated with manned flights. 

The operation of UASs conducted in the strict conditions will provide an equivalent 

level of safety supporting the grant of the exemption 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 conducted with turbine airplanes or 

helicopters carrying fuel and flying near the ground and people. 

 

If you have any questions or need any additional information, please contact the 

undersigned EGM100x35 Aerial Solutions, Attn: Enrique 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