Monday, January 4, 2016

Joseph Valenzuela

Blue 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 all ow myself to operate a DJI Inspire and a Dji Phantom 3 unmann ed 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

- A n image of the DJI Inspire with camera mount Attachment 3

- A n 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 4500 mAh 11.1V Li

- Po battery. Including all of the attachments, the total weigh t of the UAS i s about 6.5 pounds and is able to reach speeds of about 42 knots for th e 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 nav igating 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, spee d, and limited operating area , the UAS is not that of a typical aircraft

. I a m 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 theequipmen t, 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 wit h 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 200 3 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 elevat ion 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 re cklessly 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 pass engers, I am able to ach ieve 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 th e 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 certific ate 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 U AS Safe Operating Parameters:
 I wil l always operate the UAS below 3 00 feet and within a radius distance of 1000 feet from the controller;
 Due to battery consumption, I only o perate 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 op erate 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 eve nt 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 o btain all necessary permissions prior to any flight operations;
 Due to the heightened risk of injury or damage to others, I n ever fly above people or public areas such as crowds or stadiums;  I n ever fly within 5 miles of an airport unless I have received permission from the tower; and
 I h a ve proced ures 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 ap plicable 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, sin ce 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 reas on 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 failu re, 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 alt imeter is not used in flight of the UAS, I am also requesting exemption from Section 91.121. Public InterestAs the UAS technology advances and safety features are enhanced, there are more and more uses for

these devices in a civil setting . There are man y 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 thi s type of service are endless; commercial and residential real estate, roof inspection s, subdivision development, construction and landscaping progress, auto dealerships, architectural design, golf course la yout, 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 t he 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 displa y 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 draw backs 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 d anger. 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 s uperior aerial perspective . Thank you very much for your time and consideration in this matter.
Sincerely, 

# Joseph Valenzuela Joseph Valenzuela