Monday, January 4, 2016

Joseph ValenzuelaBlue Ridge Aerial Videography/Photography

104 Water Gate Drive

Lynchburg, VA 24502

(434) 219-9807

To Whom It May Concern,

I, Joseph Valenzuela, am writing to petition for an exception from part 21, subpart H; and Sections 

45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.119, 91.121, 91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). The 

proposed exemption would allow myself to operate a DJI Inspire and a Dji Phantom 3 unmanned aircraft 

system (UAS) to conduct aerial videography and cinematography to create real estate listing videos and 

wedding/special event videos. 

The attached documents include:

Attachment 1 - DJI Inspire Flying Guide

Attachment 2 - An image of the DJI Inspire with camera mount

Attachment 3 - An image DJI Phantom 3 with camera mount

Attachment 4 – DJI Phantom 3 Flying Guide

The petition will be organized into the following sections in order to clarify the intent and outline the 

use of said UAS: 

1) The Unmanned Aircraft System (UAS)

2) The UAS Pilot in Command

3) UAS Safe Operating Parameters

4) Public Interest

The Unmanned Aircraft System (UAS)

The UAS I will be operating is a DJI Inspire and DJI Phantom 3. The DJI Inspire UAS is controlled by four 

rotors that are driven by a single 4500mAh 11.1V Li-Po battery. Including all of the attachments, the 

total weight of the UAS is about 6.5 pounds and is able to reach speeds of about 42 knots for the DJI 

Inspire which is the superior of the two UAS. The DJI Phantom 3 has a 6000mAh battery, weighs 2.8 lbs, 

and has a max speed of 31 knots. The wireless video transmitter is only used to acquire the desired

photo shot and is never used as a method of navigating the UAS. The UAS is also equipped with safe

technology such as "return to home" and "auto land" in the event of a control link failure. 

Because the size, weight, speed, and limited operating area, the UAS is not that of a typical aircraft. I am 

requesting exemption from 14 CFR part 21, Subpart H and Section 91.203 (a) and (b). I have become 

very familiar with the warning and communication systems on board. Both before and during flight, I 

am able to tell if the UAS has GPS lock and also the level of battery charge remaining. Because I will 

always remain in line of sight with the UAS, I am able to take any corrective actions if the battery 

becomes low or if the GPS lock is lost. With the concern of safety for people, property, and the 
equipment, I only plan on flying during periods of low wind speed and during parts of the day with little 

thermal activity to ensure the safest flight. 

Also, given that Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) only apply to 

aircrafts with an airworthiness certificate, I am requesting an exemption from these sections as well. 

Before each flight, I do a thorough inspection of each rotor for nicking or chipping that may cause 

unstable flight. I am always equipped with extra rotors in the event that one needs changed. I also 

inspect the fuselage for any cracks or scratches and perform a low elevation flight (between five to ten 

feet) to ensure all communications are functional and working properly. 

I am also requesting exemption from Section 45.23 since my UAS does not have a cabin or cockpit on 

which to mark with the required phrases. Also, given the size of the UAS, it would be difficult to use two 

inch lettering for the required markings. I will be sure to mark the fuselage with the word 

"Experimental" in the largest possible lettering as required by Section 45.29(f) so that I or anyone 

assisting me can see the markings.

UAS Pilot in Command

I have been flying radio controlled aircrafts for twelve years and understand the pros and cons of radio 

controlled flight. I began flying gas powered airplanes in 2003 and as my skills developed I gradually 

flew larger models. Then I became interested in helicopters and flew them for roughly three years. 

Then two years ago in 2013, I was introduced to the quad copter and decided to purchase one at the 

local hobby shop. After many controlled flights within the safety of my back yard and at the hobbyist's 

air strip, I began honing my skills and now I am extremely comfortable flying the UAS even in some of 

the more difficult flying conditions. Before each flight I perform an inspection to ensure everything is 

operating properly and nothing is damaged. Once I power it up, I perform several low elevation flights 

before taking it to an elevation suitable for photography (around 20-100 feet). I have become very 

familiar with its flying capabilities and with the amount of money I have invested in it with additional 

accessories such as photography and video transmitting equipment, I never fly recklessly or in an 

uncontrolled manner. 

With my UAS flight experience and the safety measures I exhibit while flying, I would like to request an 

exemption from Section 61.113 (a) and (b) because the dangers involved with operating a UAS are far 

less than the dangers present in commercial activities outlined in 14 CFR part 61. Although helpful in 

understanding air currents and weather patterns, a pilot's license does not aid in remote controlled 

piloting skills. Because there is no on-board pilot or passengers, I am able to achieve an equivalent level 

of safety while flying the UAS using the FAA's operating parameters while also including some of my own 

safety guidelines (see following section about UAS Safe Operating Parameters). Additionally, due to the 

UAS' size, weight, speed, operating area, and limited battery life, the risk of serious damage is 

significantly smaller than that of a full sized manned aircraft. 

I would also like to request your consideration of a 120 day temporary airman certificate in accordance 

with Section 63.13 to allow the FAA time to establish minimum UAS airman certification standards. 

Once said standards are in place, I will be sure to take the appropriate actions to become fully certified 

as a UAS pilot. 

UAS Safe Operating Parameters

While I am flying the UAS, my primary concern is the safety of people, property, and the equipment. I 

am always conscientious of the wind, thermal activity, structures, and other obstructions while flying. 
After reviewing and comparing other individual's operating procedures to my own, I have developed the 

following UAS Safe Operating Parameters:

 I will always operate the UAS below 300 feet and within a radius distance of 1000 feet from the 

controller;

 Due to battery consumption, I only operate the UAS for 5-7 minutes per flight and land prior to 

the manufacturer's recommended minimum level of battery power;

 To ensure accurate communication monitoring, I only operate the UAS within visual line of sight;

 I will post warning signs that read: "Aerial imagery in progress, please stay back for safety"; 

 In the event of a control link failure, I always fly with the UAS' GPS flight safety features enabled;

 For the safety and privacy of others, I always obtain all necessary permissions prior to any flight 

operations;

 Due to the heightened risk of injury or damage to others, I never fly above people or public 

areas such as crowds or stadiums; 

 I never fly within 5 miles of an airport unless I have received permission from the tower; and

 I have procedures in place to abort flights in the event of safety breaches or potential danger

Given that Section 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate, I 

am requesting exemption since there is currently no certificate applicable to this operation. If 

exemption to 14 CFR part 21, Subpart H and Section 91.203 (a) and (b) is granted, then this regulation 

would be inapplicable. 

Due to the size of the UAS, there is no place to store a flight manual within the aircraft. For this reason, I 

would also request exemption from Section 91.9(b)(2). I carry a copy of the DJI Inspire and DJI Phantom 

3 Flying Guide (Attachments 1&4) in the container of which I store the UAS during transport. 

Additionally, since the UAS does not carry an on-board pilot or passengers, there is no reason to have a 

flight manual in the aircraft. 

Section 91.103(b) prescribes that a pilot become familiar with runway lengths and takeoff and landing 

distance information. Because the UAS is able to take off vertically and does not require the use of a 

runway, I am also requesting exemption from this section. I will simply drive up to a location that I plan 

on filming, unload the UAS, run my safety checks, and begin the flight operations. There is no reason for 

me to be aware of runway and landing distance information since I will never even be within 5 miles of 

an airport for which this applies. Additionally, I always fly with the GPS flight safety features enabled so 

in the event of a control link failure, I would be able to land the UAS in the same location from which it 

took off with the push of a button. 

In regards to Section 91.119, I only plan to operate my UAS below 300 feet above ground level and will 

not operate near populated areas including crowds, stadiums, heavy traffic, or within 5 miles of an 

airport. I feel that by doing this I am able to achieve a level of safety greater than those prescribed in 

relation to minimum safe altitudes, thus I am also requesting exemption from this section. 

The UAS is equipped with electronic GPS and barometric sensors. These instruments play a large role in 

the stability and orientation of the aircraft. They also aid in the flight safety features such as "return to 

home" and "auto land". Because an altimeter is not used in flight of the UAS, I am also requesting 

exemption from Section 91.121.

Public Interest
As the UAS technology advances and safety features are enhanced, there are more and more uses for 

these devices in a civil setting. There are many areas of industry that could benefit from the low cost of 

UAS aerial imagery. Traditionally, this is done using manned aircrafts and is very expensive. The 

technology now allows an individual like myself, with many years of UAS flight experience, to obtain 

aerial images at a fraction of the cost. The possibilities for this type of service are endless; commercial 

and residential real estate, roof inspections, subdivision development, construction and landscaping 

progress, auto dealerships, architectural design, golf course layout, and resort advertising just to name a 

few. In Lynchburg, UAS aerial imagery could be used to promote many of the local attractions in the 

area. There are several golf courses that could benefit from an aerial perspective of the layout and even 

a virtual tour of the course. Additionally, this service could showcase the area's recreational attractions

such as the James River, Downtown Riverfront and Nature Walking trails. With our expanding 

community, what better way to display the real estate and subdivision development than with aerial 

imagery? With UAS aerial imagery, I would be able to fully capture different properties and give a 

complete view of the surrounding area. I believe the benefits significantly outweigh the drawbacks of 

aerial imagery using a UAS. I am sure that I can safely navigate the UAS so as to not put any person, 

property, or equipment in danger. With the size, weight, and speed of the UAS, there are far fewer risks 

involved than that of a manned aircrafts. Lastly, with the lack of combustible fuel, the safety 

parameters established, and my flying experience, I am confident that I can fly the UAS with the utmost 

safety while also providing a superior aerial perspective. Thank you very much for your time and 

consideration in this matter.

Sincerely, 

Joseph Valenzuela

Joseph Valenzuela