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 System

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 of the petition of ALON SICHERMAN

Dear Sir or Madam, 

In accordance with the FAA’s Guidelines for 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 systems (UAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA) for the purposes of aerial 

photography, cinematography, videography, mapping, crop surveying, inspections and 

other flight 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 system as compared to 

a manned aircraft. Operations will be performed only at the request of and with the 

authorization and permission of clients or their authorized agents in order to facilitate 

commerce and raise awareness of the beneficial uses of small unmanned air systems. 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 utilization of 

pilots, who hold a Sport pilot (or greater) certificate. Any pilots operating under this 

exemption would be required to comply with any conditions as set forth and in a similar 

fashion to the previously 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 DJI Phantom and Phantom 3 

Professional UASs are in airworthy condition prior to every flight by ensuring that the 

UASs are in compliance with the operating documents (i.e., the Monthly Maintenance 

Log, and DJI Phantom and Phantom 3 Professional Instruction Manual). 

Petitioner seeks the requested relief because the DJI Phantom and Phantom 3 

Professional UASs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. Therefore, petitioner will ensure that the DJI Phantom and 

Phantom 3 Professional UASs are in airworthy condition based upon its compliance with 

the operating documents (i.e., Monthly Maintenance Log, and DJI 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 requests waiver to allow reasonable and responsible operations 

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 remaining battery power management. Those documents 

contain a condition in which the PIC will initiate a landing procedure when battery

remaining reaches a specified level. Given the limitations on proposed operations and the 

location of those proposed operations, The FAA found that a reduced minimum power 

reserve for flight in daytime 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) only 

apply to aircraft with an airworthiness certificate, the petitioner requests relief from these 

Sections because the DJI Phantom and Phantom 3 Professional UASs do not require an 

airworthiness certificate. The DJI Phantom and Phantom 3 Professional UASs meet the 

conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, the petitioner will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, techniques, and 

practices prescribed in the UAS operating documents (i.e., Monthly Maintenance Log, 

and DJI Phantom and Phantom 3 Professional Instruction Manual). Furthermore, the 
petitioner will document and maintain all maintenance records for the DJI Phantom and 

Phantom 3 Professional UASs. 

The UAS 

The DJI Phantom and DJI Phantom 3 Professional are highly successful consumer grade 

small rotorcrafts in the quadcopter configuration with an advertised weight of less than 

46 Ounces (1280g) designed primarily to carry aloft a high definition camera. It has an 

advertised maximum speed of less than 30 knots (16m/s) and a maximum climb rate of 

less than 1200 feet per minute (5 m/s). It is powered by four electric motors with a 

distance between motors of less than 14 inches (350mm) It utilizes an internal inertial 

measuring unit (IMU) with integrated barometric sensor augmented with global 

positioning system (GPS) to maintain its geospatial orientation and position. It is 

controlled primarily through an FCC certified radio control (RC) unit. Real time video 

and telemetry information is transmitted back to a ground control station allowing the 

operator and/or PIC 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 by 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 reaches 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 reduce the 

environmental impact as compared to similar operations conducted with manned aircraft 

of greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS 

in order to facilitate commerce could lead to economic growth. Operations 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/photography. Aerial 

photography is a valuable marketing tool that can lead to increased commerce and 

enhance personal photography. Crop surveying applications could lead to decreased use 

of pesticides and fertilizer and conservation of water as well as increased 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 acting as an independent 

contractor. A visual observer will be utilized. Liability 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 any 

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, 

cinematography, videography, mapping, crop surveying, inspections and other flight 

operations”. The reason for such a general and broad based request is that the petitioner 

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 currently exists in the real estate market and other markets are 

just beginning to emerge. 

Respectfully submitted 

Manuel P Heredia III