July 31 , 2015

Exemption No. 12255 Regulatory Docket No. FAA

– 20 15

– 2053

Mr. Reinaldo I. Gutierrez SkyDrone Services L L C 19164 North Hibiscus Street Weston, FL 33332

Dear Mr. Gutierrez : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends. By letter dated May 18, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of SkyDrone Services LCC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial videography and cinematography

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. Airworthiness Certification
The UAS proposed by the petitioner is a DJI Phantom 2 Vision+

. The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the2

aircraft and its operat ion, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21 , C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.
The Basis for Our Decision You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances s imilar in all material respects to those presented in your petition. In Grants of Exemption No s
. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather t han a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed your reasons for requesti ng an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.
Our Decision In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, SkyDrone Services LCC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations lis ted below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, SkyDrone Services LCC is hereafter referred to as the operator. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision+ when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petiti on or a petition to amend this exemption

. 2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use eith er groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLO S) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all document s needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS opera tions and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and r evised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any up date or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. , replacement of a flight critical component, must undergo a functional test flight prior to conduc ting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue h azard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a con dition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. , inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for t he aircraft and aircraft components.
12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the fligh t revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be5

operated under this exemption, including evasive and emergency maneuvers and maintaining approp riate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficie ncy, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (S VFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made avail able to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses c ommunications or loses its GPS sign al, the UA must return to a pre
- determined location within the pr ivate or controlled

- access property.
19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginn ing a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacture r if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operation s that cannot be conducted under the terms of the attached COA

. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification6

(N− Number) markings in accor dance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at t he Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating persons, vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons r emain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/ controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard

. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or aut horized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the opera tional area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.7

29. The operator must have a mot ion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:
a. Dates and times for all flights; b. Name and phon e number of the operator for the UAS aerial filming conducted under this grant of exemption;
c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;
e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to th e inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential t o accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on August 31, 2017 , unless sooner superseded or rescinded. Sincerely, / s/ John S. Duncan Director, Flight Standards Service

EnclosuresReinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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1

**Reinaldo I. Gutierrez ,**  **SkyDrone Services LLC .,**  **Weston FL** 

**–**

**Section 333 Exemption Petition** May 18 , 2015 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 the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a ) (1); 91.409(a) (2); 91.417(a)&(b) Dear Sir or Madam,
I, Reinaldo I. Gutierrez dba “ Sky Drone Services LLC .”, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Reinald o I. Gutierrez , an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I , Reinaldo I. Gutierrez , may

operate my

unmanned aircraft s ys tem (“UAS”) commercially in airspace regulated b y the Federal Aviation Administration (“FAA”).
As described herein I, Reinaldo I . Gutierrez , an insured member of the AMA (Academ y of Model Aeronautics) am experienced in fl yi ng hobby helicopters/planes for recreational purposes. Currently using a Phantom 2 Vision+ Quadcopter 1 currentl y registered under N826P identification number issue by FAA Certificate of registration, w ith intent for aerial videograph y/ cinematography to enhance academic community awareness for individuals and companies unfamiliar with the geographical lay out of the South Florida area, and augment real estate listing videos; following exemption and approval by the FAA. Thereby enhancing their academic research experience for the SoFlo Area. I have flown RC He licopters/Planes for over six (20 ) y ears without incident. Committed to safety with each flight. M y exemption request would permit operation of ultra light weight, UAS(s) in tightly controlled and limited airspace. 2 Predetermined in areas away from general public, airports, heliports and vehicular traffic for community

videos, and within property boundaries for individual homeowner real estate listing videos/photos. Currently , unmonitored amateur hobby ists with no safet y plan or controls in place to prevent catastrophe legall y operate similar lightweight, remote controlled UAS’s

.

**______________________________________________________**

1 Appendix A

– Phanton 2 Vision+ Operator Manual
2 Appendix B

– Miami

- Dade

— South Florida area VFR radius mapsReinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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2 I, Reinaldo I. Gutierrez, have personally instilled safet y protocols and controls 3 to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to further safet y protocols exclusive to lightweight UAS's specific to real estate video and photograph y usage as I, Reinaldo I. Gutierrez , record flight data and other information gained through permitted flight operations to share with the FAA through an y required FAA reports to assist with future protocol and safet y regulation. Granting m y request comports with the S ecretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only

integrate UAS's into the national airspace s ys tem, but to “...establish requirements for the safe operation of such aircraft s ys tems [UAS's] in the national airsp ace sy stem” under Section 333(c) of the Reform Act specific to the use of UAS's for Cinematograph y/ Photo purposes. Further I, Reinaldo I . Gutierrez , will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA. For the reasons stated below I, Reinaldo I. Gutierrez , respectfull y request the grant of an exemption allowing me to operate ultra lightweight, remote controlled UAS’s for academic community

awareness to benefit/stimulate attraction to the South Florida area and to enhance real estate listing videos for homeowners who cannot afford expensive manned aircraft for the same purpose. Both of which will promote local economic growth through increased employ ment and increased tax base. Both with public safet y in mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard.

**Name and Address of the Petitioner**
Reinaldo I . Gutierrez dba “ Sky Drone Services LCC. ” 19164 N. Hibiscus St. Weston, FL 33332 Mobile: (3 05) 342

- 2021
Email: reigutierrez@hotmail.com **Regulations Petitioner Petitions for Exemption, If Such Regulations Apply to**
**SUA Vs**
14 CFR Part 21 14 C.F.R. 91.109 14 CFR 91.405 (a) 14 C.F.R. 45.23(b) 4 C.F. R. 91.119 14 CFR 407 (a) (1) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.121 14 CFR 409 (a) (2) 14 C.F.R. 91.7 (a) 14 CFR 91.151 (a) 14 CFR 417 (a) & (b) 14 CFR 91.9 (b) (2) 1 4 CFR 91.203 (a) & (b) 14 C.F.R. 91.103

**_________________________**

3 Appendix C

- Personal Protocols and ControlsReinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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3 **The Extent of relief sought and the Reason He Seeks Such Relief:**
I, Reinaldo I. Gutierrez , submit this application in accordance with the Reform Act, 112 P.L

. 95 §§ 331

- 334, seeking relief from an y currently applicable FARs operating to prevent me, Reinaldo I . Gutierrez , to pursue commercial

-- cinematic, academic and other flight operations within the national airspace s ys tem. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft sy stems into our national airspace s ys t em as it is in the public’s interest to do so. My , Reinaldo I . Gutierrez ’, ultra light weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra light weight UAS is expressly contemplat ed b y the Reform Act. I would like to operate m y ultra lightweight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereb y, providing direct experience and valuable information for formal regu lation that can be administered uniforml y to all real estate related UAS aerial video and photograph y. The Reform Act guides the Secretary in determining the ty pes of UAS's that may

operate safel y in our national airspace s ys tem. Considerations include: Th e weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily

populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L . 95 § 333 (a). Each of these items reflect in favor of a n exemption for me, Reinaldo I. Gutierrez . My

UAS utilizes four (4) counter

- rotating propellers for balance, control and stability

. My UAS is equipped with GPS and auto return safety technology . Weighing less than ten (10) pounds (far below the maximum 55 pound limit); including camera with gimbal.
I, Reinaldo I. Gutierrez , consider safet y as foremost with each flight. My small

- unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safet y, stability an d fear of financial loss I will not fl y in winds exceeding 16 kph (10 mph). Built in safet y sy stems include a GPS mode that allows my UAS to hover in place when radio control inputs are released. With three modes to choose from, I utilize the Smart Mode 4 for aerial videography /photography . This is the safest, most reliable and stable mode to prevent accident and hazard. When pilot communication is lost UAS is designed slowl y descend to point of take off. I do not operate m y UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general public is within fifty to one hundred (50

- 100) yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepa red to land/abort immedi ately to the nearest and safest ground point should a manned aircraft approach m y location or I suspect manned aircraft may

approach near my

location. M y UAS is capable of vertical and horizontal operations, and are flown only withi n my

line of sight of me, as the remote control pilot. Utilizing battery

power rather than combustible fuels, flights generall y last between eighteen (18) to twent y (20) minutes, with an altitude under one hundred fifty (150) feet.

**_______________________ ____________** 

4 Smart Mode includes GPS Geofence radius for operation, position hold, self

- leveling, altitude command, return home feature or land in the event of communication interruption between RC transmitter and UAS. See Appendix AReinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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4 4 Smart Mode include s GPS Geofence radius for operation, position hold, self

- leveling, altitude command, return home feature or land in the event of communication interruption between RC transmitter and UAS. See Appendix A
I, Reinaldo I. Gutierrez , utilize a fresh fully char ged battery

with each flight as a safet y precaution; full flight time limit for each battery is eighteen (18) to twenty (20) minutes as tested. I do not operate m y UAS at or below manufacturer recommended minimum charge levels for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash, that could create hazard to the public/propert y/ manned aircraft. I have clocked over 3 00+ hours of hobby level flights for future commercial use to gain familiarization with the c haracteristics of this specific UAS's performance under different temperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time. I , Reinaldo I . Gutierrez , am extremely

cautious when operating of m y UAS/ultra light weight unmanned aircraft and will not “create a hazard to users of the national airspace s ys tem or the public.” 112 P.L . 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress’s contemplated sa fet y zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace sy stem. The UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or nationa l security

. **How Reinaldo I. Gutierrez’**  **Request Will Benefit the General Public:** Aerial videograph y for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. However, for small budget real estate companies and average homeowners the expense of such aerial videography is cost prohibitive. Only

large companies and high end Realtors or luxury homeowners can afford to absorb such expenses. Depriving non

- luxury homeowners and l ower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to the public through potential catastrophic crash that the community has experienced in the past with military , medical and news/tourism helicopter crashes within the south Florida Area . Each resulting in loss of life. Each with combustible fuel that exploded and burned on impact. Police helicopters have made emergency

hard landings within city limits. My

UAS pose no such threat since size and lack of combustible fuel allevi ates any potential threat to the public.

**___________________________________**

4 Smart Mode includes GPS Geofence radius for operation, position hold, self

- leveling, altitude command, return home feature or land in the event of communication interruption b etween RC transmitter and UAS. See Appendix AReinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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5 Congress has alread y proclaimed that it is in the public’s interest to integrate commerciall y flown UAS's into the national airspace s ys tem, hence the passing of the Reform Act. Granting my , Reinaldo I . Gutier

rez , exemption request furthers the public interest through academic/visual awareness of the geographical benefits in and around the South Florida area. My ultra lightweight UAS is battery powered and creates no emissions that can harm the environment. The consequence of my

ultra light weight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heav y, contain combustible fuel and can cause catastrophic devastation to the public The public’s interest is furthered b y minimiz ing ecological and crash threat by permitting aerial video/photo capture through m y batter y operated ultra lightweight UAS's. Permitting me, Reinaldo I . Gutierrez , to immediately fl y within national air space furthers economic growth. Granting m y exemption request substantially furthers the economic impact for the South Florida community

for companies looking to relocate or build in the SoFlo area as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community

. **Reasons Why Reinaldo I. Gutierrez**  **’ Exemption Will Not Adversely Affect Safety And How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:**  My , Reinaldo I. Gutierrez , exemption will not adversel y affect safet y. Quite the contrary , for the reasons stated permitting me, Reinaldo I . Gutierrez , to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implem entation of new and novel, as of yet undiscovered safety protocols for UAS Pilots that can be embraced for development in cooperation with the FAA. In addition I , Reinaldo I. Gutierrez , submit the following representations of enhancements to current aerial videography and photography :

 My UAS weighs less than 10 pounds complete with a small ultra light weight high
camera

 I onl y operate m y UAS below 200 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012);

 M y UAS onl y operate for 18

- 20 minutes per flight;

 I land m y UAS prior to manufacturer recommended minimum level of battery power;

 I pilot my

UAS through remote control only by line of sight;

 My UAS has GPS a flight safet y feature whereb y i t hovers and then slowl y lands if communication with the remote control pilot is lost;

 I activel y analyze flight data and other sources of information to constantly update and enhance safety protocols;

 I onl y operate in reasonably safe environment that are strictl y controlled, are
a way from power lines, elevated lights, airports and activel y populated areas;Reinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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6  I conduct extensive pre

- flight inspections and protocol, during which safety carries primary

i mportance;

 I alway s obtains all necessary permissions prior to operation; and,

 I have procedures in place to abort flights in the event of safet y breaches or potential danger. My , Reinaldo I. Gutierrez , safety protocols provide a level of safet y equal t o or exceeding existing rules. I t is important to note that absent the integration of commercial UAS into our national airspace s ys tem, helicopters are the primary means of aerial video and photography for community

awareness and real estate. While the saf et y record of such helicopters is remarkably astounding, there has been local incident involving loss of life as well as extensive property damage; it is far safer to operate a battery powered ultra light weight UAS.

 First, the potential loss of life is d iminished because UAS's carry no people on board and only operated in specific areas away from mass populations.

 Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatl y diminished.

 Third, the small size and extrem e maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quickl y and safel y.

 Lastl y, given its small size and weight, even when close enough to capture amazing images, m y UAS need not be so close to the objects they are focused o n through the technology

and use of post editing software allowing pan and zoom. Accordingl y, m y UAS has been experimentall y operated for familiarization/competency and will continue to operate at and above current safet y levels. **A Summary The FAA May Pu blish in the Federal Register:**  A. 14 C.F.R. 21 & 14 C.F.R. 91: Airworthiness Certificates, Manuals and The L ike. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of m y, Reinaldo I . Gutierrez ’, UAS permits exemption from Part 21 because m y UAS meets (and exceeds) an equivalent level of safet y pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certific ate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My , Reinaldo I. Gutierrez , current and projected UAS's meet or exceed each of the elements.Reinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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7 14 C.F.R. 91.7(a) prohi bits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the air craft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safet y will be achieved b y m aintaining a safet y/ flight manual delineating areas of where safet y can be defined. 5 The FAA has previousl y issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes ele ctronic global positioning s ys tems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carry ing of civil aircraft certifications and registrations. They

are inapplicable for the same reasons described above. The equivalent level of safet y will be achieved by maintaining an y such required certif ications and registrations by me, Reinaldo I. Gutierrez

. **B. 14 C.F.R. § 45.23: Marking of The Aircraft.** Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. M y UAS are, b y definition, unmanned. They th erefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark it s UASs in the largest possible lettering b y placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot,
or an yone assisting me as a spotter with the UAV will see the markings. The FAA has previousl y issued exemp tions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. **C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.** Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. I, R einaldo I. Gutierrez , can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not carry

any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks att ended to the operation of m y UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Reinaldo I . Gutierrez , to operate my UAS meet and exceed current safet y levels in relation to 14 C.F.R. §61.113 (a) & (b).

**_______________________**Reinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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8 5 Appendix D

- Safety/Flight Manual
**D. 14 C.F.R. 91.119: Minimum Safe Altitudes.** 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. I t allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 200 AGL ; safel y below the standard of 400 AGL. I, Reinaldo I

. Gutierrez , will however operate m y UAS in safe areas away from public and traffic, providing a level of safety

at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability and spe ed of my UAS, an equivalent or higher level of safet y will be achieved. **E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.**
The above

- cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 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. . . .” These Regulati ons only

apply to aircraft with an airworthiness certificate. They will not, therefore, appl y to m y, Reinaldo I. Gutierrez , UAS. However, as a safet y precaution I inspect my UAS before and after each flight. A Summary

The FAA May

Publish in the Federal Re gister: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 9 1.203(a)(1). The size, weight and enclosed operational area of my UAS permit exe mption from Part 21 because my , Reinaldo I. Gutierrez , UAS meets an equivalent level of sa fet y pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircra ft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverabilit y and proximity to areas such as airports and dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such cer tificate will be applicable in the form contemplated b y the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regu lation is inapplicable. An equivalent level of safet y will be achieved b y maintaining a manual. The FAA has previousl y issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involv es regular software updates and curative measures for an y damaged hardware. Therefore, an equivalent level of safety will be achieved.Reinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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9 **In summary, Reinaldo I. Gutierrez**  **seeks an exemption from the following Regulations:** 14 C.F.R. 21, subpart H; 14 C.F.R . 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C .F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my

small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness, Cinematograph y, and to develop economic platforms for real estate to enhance the experience of those seeking t o relocate to the South Florida area. Currently , area awareness and real estate aerial videography /photograph y relies primarily on the use of larger aircraft running on combust ible fuel. Posing potential risk to the public. Granting my request for exemption will reduce current risk levels and thereby enhance safet y. My UAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventio nal video and photographic aircraft with much less flight ti me. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk fly ing to and from established airfields . I, Reinaldo I. Gutierrez , have been informall y anal yz ing flight information and have compiled safet y protocols and the implementation of a flight operations manual for UAS usage that exceeds currentl y accepted means and methods for safe flight. Formal collection of information shared with the FAA will enha nce the FAA's internal efforts to establish protocols for compl yi ng with the FAA Modernization and Reform Act of 2012. There are no personnel on board my UAS and therefore the likelihood of death or serious bodily injury is significantl y diminished. Operat ion of my UAS, weighing less than 10 pounds and travelling at lower speeds within limited areas will provide an equivalent level of safet y as that achieved under current FARs. Accordingly

I , Reinaldo I . Gutierrez , respectfully request that the FAA grant m y exemption request and am willing to cooperate in sharing information to benefit the FAA, safet y of manned aircraft, and the general public at large. Respectfully

submitted,
Reinaldo I . Gutierrez , Sky Drone Services LCC. 19164 N. Hibiscus St Weston, FL 33 332Reinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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10 

# Appendix A

Phantom 2 Vision+ Operator Manual

http://www.dji.com/product/phantom

- 2

- vision

- plus/downloadReinaldo I. Gutierrez, Weston, FL

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# Appendix B

South Florida

-- VFR Aeronautical ChartReinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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12 

# Appendix C

Reinaldo I. Gutierrez Personal Protocols and Controls

**Protocols and Controls** Aerial Community

and Real Estate Videos Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial vide os and photograph y. As such, safet y protocols and controls must be implemented through pre

- flight preparation and during flight.

**Pre**

**- Flight Protocol:** 

 Check batteries with voltage meter to insure full y charged and read y for use.

 Inspect batteries for dam age or leakage that may affect proper operation.

 Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or unmanageable/uncontrolled flight.

 Check weather forecasts for wind advisory or other conditions that my impact flight.

 Consult five (5) mile radius map for airport vicinity

.

 Contact respective airport to advise of estimated flight time, estimated flight duration, estimated elevation of f

light, and any

other pertinent information.

 Inspect flight area for o vicinity of public safety

helipads/heliports o vicinity of medical helipads/heliports o vicinity of light poles o vicinity or utility wires o vicinity of trees o flocks of birds that ma y cause interference and potential flight impact

 V icinity

of an y elevated obstructions that may pose potential flight hazard o vicinity of roadway s with moderate to heavy traffic that can be distracted o public gatherings that may attract viewers o option al point of control for best visual site of UAS while in flight

 Takeoff and landing o inspect area for best and safest point of takeoff and landing o if in a subdivision or area that is within 150 feet of a residential street, post

 W arning sign(s)/stand( s) "Attention Aerial Photography I n Progress

- Remain Back 150 Feet"Reinaldo I. Gutierrez, Weston, FL

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13 **Flight Protocol:**

 Takeoff and land from same location

 Remain alert to birds, sound or aircraft, curious public, and approaching vehicles

 Do not allow an yone to engage in conversation o r distract the remote control pilot

 Restrict flight to minimal elevation sufficient to acquire desired results

 Remain prepared for emergency landing at all times

 Pay attention to flight time If possible set a timer as a safety alert

 Land UAS and shut do wn propulsion immediately following landing

**Protocols and Controls Post flight:** 
1. Disconnect battery

to prevent accidental activation of propulsion sy stem 2. Secure UAS in a safe location 3. Remove all warning signs from public access areas **Emergency or Suspected Hazard:**

 Immediate land UAS at safest and closet ground location in the event o Manned aircraft is heard or seen in vicinity of flight o There is a public gathering within established safety boundary

wanting to observe

 F light
o Pilot is being distracted from focusing on flight and safet y o Sudden change in weather (wind bursts) o Sudden increase in vehicular traffic in vicinity of flight o Birds enter into proximity of flight o Any sudden unsafe event that can cause collision, di straction or interruption of controlReinaldo I. Gutierrez, Weston, FL

- Section 333 Exe mption Petition



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14 

# Appendix D

Reinaldo I. Gutierrez Safety/Flight Manual