June 8 , 2015

Manuel P Heredia III 507 Union School Rd Middletown, NY 10941 Cell (845) 325

- 9216 Email: mpheredia3@gmail.com U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey Ave., SE Washington, DC 20590 RE: Exemption Request Section 333 of the FAA Reform Act of 2012

References: 1) FAA Exemption No. 11410, Regulatory Docket No. FAA

- 2015

- 0186 in the matter of the petition of RALPH J. APEL 2) FAA Exemption No. 11341, Regulatory Docket No. FAA

–2015

– 0037 in the matter of the petition of BOB SOKOLER 3) FAA Exemption No. 11728 Regulatory Docket No. FAA

- 2015

- 0850 in the matter o f the petition of ALON SICHERMAN
Dear Sir or Madam, In accordance with the FAA’s Guidelines fo r Submitting a Petition for Exemption under section 333 of the FAA Modernization and Reform Act of 2012 , I Manuel P Heredia III , referred to hereafter as the petitioner, request exemption from the following sections of Title 14, Code of Federal Regulations §§

**61 .113 (a) & (b), 91.7(a),**  **91.119 (c)**  **, 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a**  **)(1) & (2), and 91.417(a) & (b);** In order to operate small unmanned aircraft s ys tems (UAS) commercially in airspace regulated b y the Federal Aviation Administration (FAA) for the purposes of aerial photograph y, cinematography, videograph y, mapping, crop surveying, inspections and other fl ight operations that could be performed safely and more cost effectively with the use of small UAS at low altitude within the U.S. national airspace s ys tem as compared to a manned aircraft. Operations will be performed only at the request of and with the
a uthorization and permission of clients or their authorized agents in order to facilitate commerce and raise awareness of the beneficial uses of small unmanned air sy stems. 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. The petitioner seeks exemption from the above

- mentioned FARs for the following reasons;**61.113(a) & (b)** ; The petitioner requests relief in order to facilitate the utilizati on of

pilots , who hold a Sport pilot (or greater) certificate. Any pilots operating under this exemption would be required to comply with an y conditions as set forth and in a similar fashion to the previousl y granted exemptions.
**91.7(a)** ; Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow petitioner to determine that the DJ I Phantom and Phantom 3 Professional UAS s are in airworthy condition prior to every

flight by ensuring that the UAS s are in compliance with the operating documents (i.e., the Monthly Ma intenance Lo g, and DJ I Phantom and Phantom 3 Professional In struction Manual). Petitioner seeks the requested relief because th e DJIPhantom and Phantom 3 Professional UAS s do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subp art H. Therefore, petitioner wil l ensure that the DJ I Phantom and Phantom 3 Professional UAS s are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Mai ntenance Log, and DJ I Phantom and Phantom 3 Professional Manual) prior to every flight, and further, determine that the aircraft is in condition for a safe flight.

**91.119(c)** The petitioner re quests waiver to allow reasonable and responsible oper ations in areas of subdivisions and neighborhoods if required.

**91.121** This is inapplicable since the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information.
**91.151(a) (1)**  The UAS provides battery power remaining in percent to the PIC. The UA batteries provide approximately 13 minutes for Phantom and 23 Minutes for Phantom 3 Professional, of powered flight. Information provided in the operating documents discusses procedures regarding remain ing battery power management. Those documents contain a condition in which the PI C will initiate a landing procedure when battery remaining reaches a specified level. Given the limitations on proposed operations and the location of those proposed operation s, The FAA found that a reduced minimum power reserve for flight in day

time VFR conditions was reasonable.
**91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) ;**  Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) o nl y apply to aircraft with an airworthiness certificate, the petitioner requests relief from these Se ctions because the DJ I Phantom and Phantom 3 Professional UAS s do not require an airworthiness certificate

. T he DJ I Phantom and Phantom 3 Professional UAS s meet the conditions of FMRA Section 333 for operation without an airworthiness certific ate. Accordingl y, the petitioner will use trained technicians to perform maintenance, alterations, or pr eventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS oper ating documents (i.e. , Monthly Ma intenance Log, and DJ I Phantom and Phantom 3 Professional Instruction Manual). Furthermore, thepetitioner will document and maintain all maintenanc e records for the DJ I Phantom and

P hantom 3 Professional UAS s

. **The UAS**

The DJ I Phantom and DJI Phantom 3 Professional are highl y successful consumer grade small rotorcraft s in the quadcopter configuration with an a dvertised weight of less than 46 Ounces (1280 g) designed primaril y to c arry aloft a high definition camera. It has an advertised maximum speed of less than 30 knots (16 m/s) and a maximum climb rate of l ess than 1200 feet per minute (5 m/s). It is powered by four electric motors with a distance between motors of less than 14 i nches (350mm) It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning sy stem (GPS) to maintain its geospatial orientation and position. It is controlled primaril y through an FCC certified ra dio control (RC) unit. Real time video and telemetry

information is transmitted back to a ground control station allowing the operator and/or PI C to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery , and control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed b y the PIC. Battery life limits flight times to approximately between 13

- 23 minutes depending on Model . The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery re aches a predetermined low state. It is anticipated that flights will usually

last less than 10 minutes. More information is available on http://www.dji.com/product/

**Public interest** Use of the UAS in lieu of a manned aircraft would enhance safety and red uce the environmental impact as compared to similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel. Additionall y, use of the UAS in order to facilitate commerce could lead to economic growth. Operation s for this petition will enable service for property owners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits of their desired photographic subjects that cannot be displayed through ground level videography /pho tography . Aerial photograph y is a valuable marketing tool that can lead to increased commerce and enhance personal photograph y. Crop surveying applications could lead to decreased use of pesticides and fertilizer and conservation of water as well as increa sed crop yields and decreased costs. Aerial surveying and inspections can increase work site efficiency , improve volumetric estimations and reduce risks. The petitioner will provide clients with photographic data for these purposes on a ‘for hire’ basis ac ting as an independent contractor. A visual observer will be utilized. L iability insurance will be obtained commensurate with the granting of this request for exemption. Flight data including UA flight time, Control Unit operation time, incident, accident, and details concerning an y deviations from normal operations will be available to FAA for use in collecting data regarding the use of UAS as part of this application. This data may be submitted to FAA via traditional means, e.g. COA Monthly Reports, or other means as required.**Conclusion**

The petitioner is requesting this exemption for the purposes of “aerial photography, cinematograph y, videography , mapping, crop surveying, inspections and other flight operations”. The reason for such a general and broad based request is that the petitione r wishes to utilize a business strategy of horizontal integration and maximize economies of scope in order to capitalize on opportunities as they may arise in the future without the long turnaround time associated with additional exemptions. The petitioner 's business model is based on the idea of offering ad hoc small UAS services to individuals or companies who wish to employ these services as a safe, effective, and legal option to enhance their business or hobby . The petitioner’s own market research shows pent up demand for these services currentl y exists in the real estate market and other markets are just beginning to emerge. Respectfully

submitted

Manuel P Heredia III