FAA Exemption Rulemaking

Section 333

Of The FAA Reform Act and Part 11

Prepared by

Mariela Romero

June 11, 2015

14274 Eastwick Ct. Frisco, TX 75035

469-207-5238 | Mariela@LMTexasHomes.com
Attention: United States Secretary of Transportation 

Mr. Anthony R. Foxx

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 

(b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 

(a); 91.407 (a); 91.409 (a) (2); 91.417 (a) & (b)

Dear Mr. Secretary,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(the Reform Act) and 14 CFR Part 11, Argento, LLC., a Texas Limited 

Liability Corporation, real estate service, and operator of Unmanned 

Aircraft Systems (“UASs”) equipped to conduct aerial photography and 

videography for the education of real estate professionals and real estate 

marketing purposes, hereby applies for an exemption from the listed 

Federal Aviation Regulations (“FARs”) to allow commercial operation of its 

UASs, 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.

As described more fully below, the requested exemption would permit the 

operation of UAS under controlled conditions in airspace that is 1) limited 

2) predetermined and 3) controlled as to access. Approval of this 

exemption would thereby fulfill the Secretary of Transportation’s (the 

responsibilities to “...establish requirements for the safe operation of such

aircraft systems in the national airspace system.” Section 333 (c) of the 

Reform Act.

The name and address of the applicant is:

Argento, LLC

Attn: Mariela Romero

Phone: 469-207-5238

Email: Mariela@LMTexasHomes.com

Address: 14274 Eastwick Ct. Frisco, TX 75035
Regulations from which the exemption is requested:

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.103

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)
This exemption application is expressly submitted to fulfill Congress’ goal 

in passing Section 333 (a) through (c) of the Reform Act. This directs the 

Secretary of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in the national airspace system (NAS) before

completion of the rulemaking required under Section 332 of the Reform 

Act. In making this determination, the Secretary is required to determine 

which types of UASs do not create a hazard to users of the NAS or the 

public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability: 

• Operation of the UAS in close proximity to airports and populated 

areas; and 

• Operation of the UAS within Visual Line of Sight (VLOS) of the Pilot 

and Observers. 

Reform Act §333 (a). Lastly, if the Secretary determines that such vehicles 

“may operate safely in the national airspace system, the Secretary shall 

establish requirements for the safe operation of such aircraft in the national

airspace system.” Id. §333 (c) (emphasis added). 

The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting civil 

aircraft, as the term is defined under §40101 of the Act; that includes UASs, 

from the requirement that all civil aircraft must have a current airworthiness 

certificate. The Administrator may grant an exemption from a requirement 

of a regulation prescribed under subsection (a) or (b) of this section or any 

sections 44702-44716 of this title if the Administrator finds the exemption in 

the public interest. 49 U.S.C. §44704; 14 CFR §91.203 (a) (1). 

Argento, LLC currently operates a DJI Phantom 3, a highly successful 

consumer grade UAS Quadcopter designed to carry a high definition (HD) 

camera powered by four electric motors. It utilize, an internal inertia 

measuring unit (IMU) with integrated barometric sensor augmented with 

global positioning system (GPD) 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 lever, GPS signal strength altitude (ALG), distance from PIC. The 

fight controller/ipad will warn the pilot via telemetry and external lighting 
cues before reaching a low battery reaches a predetermined low battery 

state.

UAS operation conducted by Argento, LLC will:

• Weigh less than 55 pounds, including the paylodad (i.e. camera, 

lens, and gimball)

• Operate at speeds of no more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally

• Only operate its UAS in line of sight of the operator (PIC)

• Limit each operation fight to 30 minutes or less. Flights will be 

terminated at 25% battery power reserve should that occur prior to 

the 30 minute limit.

• Operated at an altitude of no more than 200 feet AGL, though most 

operations will be conducted within 50 feet AGL

• Be operated by a FAA licensed airman with at least a private pilot's 

certificate and third class medical

• Be operated at a lateral distance of at least 100 feet from any 

inhabited structures, buildings, vehicles, vessels, or people not 

associated with the operation or who have not signed a waiver in 

advance of the operation.

• Minimum two (2) man crew for each sUAS operation will consist of 

the Pilot and Spotter / Observer. In most cases the third aircrew 

member will serve as the Safety Officer

• Have the capability to return to a pre-determined location if the UAS 

loses communications or loses its GPS signal

Given the small size and weight of the UAS involved and the restricted 

sterile environment within which they will operate, the applicant falls 

squarely within that zone safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UASs to commence immediately. Also due to the size of the 

UASs and the areas in which the relevant UAS will operate, approval of the 

application presents no national security issue. Given the clear direction in 

Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety,

surrounding the proposed operations, and significant public benefit, 

including enhanced safety, reduction in environmental impact, including 

reduced emissions associated with allowing UASs for educational and 
marketing operations, (as opposed to full scale aircraft), the granting of the 

requested exemptions is in the public interest. Accordingly, the applicant 

respectfully requests that the FAA grant the requested exemption without 

delay.

Exceptions Requested

14 C.F.R. § 61.113{a) and (b): Private Pilot Privileges and limitations: Pilot 

in Command

Sections 61.113 (a) and 

(b) limit private pilots to non-commercial operations. Because the 

UAS will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by 

requiring the PIC operating the aircraft to have a private pilot's 

license rather than a commercial pilot's license to operate a small 

UAS.

Unlike a conventional manned aircraft, a UAS is remotely controlled by a 

ground-based Operator. The operational area is controlled and restricted, 

and all flights are planned and coordinated in advance. The level of safety 

exceeds that provided by a single individual holding a commercial pilot's 

certificate operating a conventional aircraft. The risks associated with the

use of a UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 allowing UAS use by a 

private pilot as the PIC exceeds the present level of safety sought by 14 

C.F.R. §61.113 (a) and (b).

14 C.F.R. § 91.7 (a) Civil aircraft airworthiness

(a) No person may operate a civil aircraft unless it is in an airworthy 

condition.

Since no FAA regulatory standard exists for determining airworthiness of 

the UAS, the regulation will need an exemption. Argento, LLC compliance 

with our operating documents will be sufficient means for determining an 

airworthy condition.
14 C.F.R. § 91.103: Preflight Action

Section 91.103 requires each pilot to preflight an aircraft before 

flight to insure the safety of flight.

As FAA approved rotorcraft flight manuals will not be used, an exemption 

is requested. However, an equivalent level of safety will be provided. The 

PIC will take all actions, including reviewing weather, flight battery 

requirements, Notices to Airmen (NOT AM), landing and takeoff distances, 

and aircraft performance data before commencement of flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft.

Section 91.119 provides, in pertinent part, that:

" ... except when necessary for takeoff or landing, no person may operate 

an aircraft below the following altitudes: .....

(b) Over other than congested areas. An altitude of 500 feet above 

the surface, except over open water or sparsely populated areas. In those 

cases, the aircraft may not beoperated closer than 500 feet to any person, 

vessel, vehicle, or structure."

Because Argento, LLC requests authority to operate at altitudes only up to

200 AGL, an exemption is needed to allow such operations.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set:

" ... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure."

As the UAS may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption may be needed. An equivalent level of safety will 

be achieved by the operator, pursuant to the safety check list and live flight 

data monitoring, confirming the altitude of the launch site shown on the 

GPS altitude indicator before flight.
14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning:

"a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing, and, assuming normal cruising 

speed- (1) During the day, to fly after that far at least 30minutes; or 

(2) At night, to fly after that for at least 45 minutes."

The battery powering the UAS provides approximately 30 minutes of 

powered flight. To meet the 30 minute reserve requirement in 14 CFR 

§91.151, sUAS flights would be limiting factor. Given the limitations on the 

UAS on exemption may be needed.

 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration

The regulation provides in pertinent part:

(a) Except as provided in§ 91.715, no person may operate o civil 

aircraft unless it has within it the following: (1) on appropriate and 

current airworthiness certificate.

(b) No person may operate o civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight 

authorization issued under §91. 715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew.

 

The UAS fully loaded weigh is no more than 55 lbs and is operated without 

an on board pilot. As such, there is no ability or place to carry certification 

and registration documents or to display them on the UASs. An equivalent 

level of safety will be achieved by keeping these documents at the ground 

control point where the controller (PIC) of the UAS will have immediate 

access to them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections

These regulations require that an aircraft operator or owner:
"shall have that 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 ... ," and others shall inspect or 

maintain the aircraft in compliance with Part 43.

 

Given that these section and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to the applicant. 

Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook. An equivalent level of safety will be 

achieved because these UAS are very limited in size and will carry a small 

payload. If mechanical issues arise the UAS can land immediately and will 

be operating from no higher than 200 feet AGL. The operator will ensure 

that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log book of any maintenance performed as well 

as track all flight hours. The operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety. An equivalent level of safety will be 

achieved because maintenance and inspections will be performed in 

accordance with the UAS Manufacturer's Manual, as referenced in the 

Aircraft Operations Manual. As provided in the Operations Manual, the 

operator will ensure that the UAS is in working order prior to initiating 

flight and perform required maintenance needed.

SUMMARY FOR PUBLICATION

Argento, LLC seeks an exemption from the following rules:

14 CFR 61.113(a) & (b); 91.7 (a); 91.103; 91.119(c); 91.121; 91.151(a); 

91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) &(b).

To operate commercially sUASs in real estate photography/videography, 

private event photography/videography, land surveying, yacht 

photography, motion picture and television, industry and search

operations. Approval of exemptions allowing UASs commercial operations 

in the areas list above will enhance safety by reducing risk. A UAS weighing 

fewer than 55 lbs. and powered by batteries eliminates virtually all of that 

risk given the reduced mass and lack of combustible fuel carried on board 

traditional aircraft performing the same function. The UAS will carry no

passengers or crew and, therefore, will not expose them to the risks 
associated with manned aircraft flights. The operation of small UAS 

conducted in the strict conditions outlined above, will provide an 

equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements 

of Part 21 and allowing commercial operations. These UASs operate at very 

slow speeds, close to the ground, as a result, are far safer than 

conventional operations conducted with turbine helicopters operating in 

close proximity to the ground and people.

Privacy

All flights will occur over private or controlled areas with the property 

owner's prior consent and knowledge. Filming will be only of people who 

have given their consent or otherwise have agreed to be in the area where 

filming will take place. Satisfaction of the criteria provided in Section 333 of 

the Reform Act of 2012 (size, weight, speed, operating capabilities, 

proximity to airports and populated areas and operation within visual line 

of sight and national security) provide more than adequate justification to 

grant Argento, LLC requested exemption.

Sincerely,

Mariela Romero

Partner, Argento

14274 Eastwick Ct

Frisco, TX 75035

469-207-5238