U.S. Department of Transportation 

Docket Management System

1200 New Jersey Avenue, SE. 

Washington, DC 20590 

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

the Federal Aviation Regulations

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Matthew Vasquez, (Operator) seeks an exemption from Federal Aviation 

Regulations (FARs) to allow commercial operations of their UASs (Unmanned Aerial Systems) 

for the purpose of conducting aerial photography, video, and survey for various industries.

This requested exemption follows the language of exemptions Pursuant to Section 333 that

have previously been approved by the FAA.

 Regarding the Unmanned Aircraft Systems 

 1. The requested exemption would support an application for a commercial Certificate of 

 Authorization (COA) to use the below described UAS, so long as operations are conducted 

 within and under the conditions outlined herein or as may be established by the FAA as

 required by Section 333. Like the FAA, it is the Operator's mission to provide the safest and

 most efficient means of Civil Commercial implementation into the National Airspace System

 (NAS). 
 Systems Used 

 • DJI Quadcopter Systems (DJI Inspire 1, DJI Phantom III, DJI Phantom II) 

 • 3D Robotics Quadcopter Systems 

 

 A) Reference: Inspire 1 User Manual (EN) v1.2, Phantom III Professional User 

 Manual (EN) v1.2, 3D Robotics X8--M Operation Manual

 B) Reference: Inspire 1 Maintenance Manual v1.0, Phantom III Safety Guidelines, 

 3DR X8-M Operation Manual (Safety Section) 

 C) Reference: Inspire 1 User Manual (EN) v1.0 [FCC Compliance — Appendix 

 Pg 62], Phantom III Professional User Manual [FCC Compliance, Appendix Pg 

 56- 57] 

Regarding the Unmanned Aircraft PIC 

I. Operator proposes to operate its UASs with a pilot holding, at a minimum, a private or sport 

pilot certificate. 

 The UAS PIC will be trained in advance for the safe operation of the UAS to be operated. 

 This will include operation of the UAS both in normal and emergency modes of 

 operation, and will include familiarization with the user manual published by the UAS 

 manufacturer. Training will also include types of maneuvers to be performed and the safe 

 operation in relation to persons, property and applicable airspace. 

 The PIC must have accumulated a minimum of 100 flight cycles and 25 hours of total 

 time as a UAS pilot and at least 10 hours logged as a UAS's pilot with a similar UAS 

 type. 
 All operations must utilize Visual Observers (VOs). VOs who are not pilots will attend 

 ground training to understand the roles of an observer, communication procedures, and 

 proper visual scan techniques, operations at non-towered airports, and appropriate 

 sections of the Aeronautical Information Manual. 

2. The PIC must possess at least a third-class airman medical certificate for all of petitioner's 

flight operations.

Regarding the Operation of the Unmanned Aircraft 

1. Operator proposes Civil Commercial operation of an UAS to operate in the following manner: 

 • Aerial photography, video, and survey data collection for public and/or private 

 use including real estate, architecture, construction, land surveying, engineering 

 and other related professional activities. 

 • Aerial inspection/photography of residential/commercial structures under contract 

 with the owners or local government authority. 

 • Aerial inspection/photography of residential/commercial utility infrastructure

 including but not limited to electrical power lines, wind turbines and cell towers. 

 For additional operator adherence, reference: 

 Inspire 1 Safety Guidelines vI.0, Phantom III Safety Guidelines, 3D Robotics X8- 

 M Operation Manual [Safety Section] 

2. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s). The UAS 

must be operated at an altitude of no more than 400 feet above ground level (AGL). 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. 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 (SVFR) are not authorized. 

 - A briefing will be performed regarding the planned UAS operations prior to each day's 

 flight consisting of all the days' production activities. 

 - Flights will be terminated at 20% battery power. 

3. As described fully above, the requested exemption would permit the operation of an UAS 

under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined 

and d) will provide safety enhancements to the already safe operations in the industry presently 

using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill 

the Secretary of Transportation's (the FAA Administrator's) responsibilities to "....establish 

requirements for the safe operation of such aircraft systems in the national airspace system." 

 Given the small size of the UAS and the controlled environment provided, the proposed 

 operations will adhere to the Reform Act's safety requirements. The approval of this 

 application presents no national security issues. Regarding the level of safety surrounding 

 the proposed operations and the public benefit, reduction in environmental impacts, 

 including but not limited to reduced emissions and noise, the grant of the requested 

 exemption is in the public interest. 

4. The UAS may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with the airport's 

management is obtained, and the operation is conducted in accordance with a Notice to Airmen 

(NOTAM), as required by the operator's COA. 

5. The UAS must be operated within the visual line of sight (VLOS) 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. 

Electronic messaging or texting is not permitted during flight operations. 

6. Reference — Inspire 1 User Manual (EN) v1.2, Phantom III Professional User Manual (EN) 

v1.2, 3D Robotics X8-M Operation Manual, Inspire 1 Maintenance Manual v1.0, Phantom III 

Safety Guidelines 

7. Operator's Point of Contact — Matthew Vasquez, PO Box 362269, Milpitas CA 95036

8. Operator will obtain any required COAs (if needed) once exemption is granted. 

Exemption Requests and Equivalent Level of Safety 

 14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 (a)(1)

 Based on the limited size, weight, operating conditions, design safety features, and the 

 imposed conditions and limitations, Operator has demonstrated that its operations would 

 not adversely affect safety compared to similar operations conducted with aircraft that 

 have been issued an airworthiness certificate under 14 CFR part 21, Subpart H. 

 Therefore, as the FAA found for Astraeus Aerial, Exemption 11062, the requested relief 

 from 14 CFR Part 21, and any associated noise certification and testing requirements of 

 part 36, is not necessary. 

 14 CFR § 45.23 (b) — Display of marks
 Since Operator's UAS has no entrance to the cabin, cockpit, or pilot station on which the 

 markings can be placed, two inch lettering will be impossible. Official marking systems 

 for small UAS have not yet been established for operations inside the NAS. 

 Operator is prepared to mark the UAS with the name of the organization and location nor 

 origin and fulfill any other request by the FAA to this topic in accordance with 45.29 (f) 

 where the pilot, observer, and others working with the sUAS will see the identification of 

 the sUAS. The FAA has issued the following exemptions to this regulation, see 

 Exemption Nos. 8738, 10167, 10167A and 10700. 

 

14 CFR § 61.113 (a) & (b) - Private pilot privileges and limitations 

 This regulation provides: 

 (a) This regulation provides that no person that holds a private pilot certificate may act as 

 pilot in command of an aircraft for compensation or hire. 

 (b) This allows a private pilot to act as pilot in command of an aircraft in connection with 

 any business or employment if: (1) The flight is only incidental to that business or 

 employment; and (2) The aircraft does not carry passengers or property for compensation 

 or hire. 

 All the requirements of a private pilot certificate will prepare the UAS operator for the 

 environment that they will be operating in. 

 *Please reference Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA 

 determined that a PIC with a private pilot certificate operating a UAS would not adversely affect 

 operations in the NAS or present a hazard to persons or property on the ground. 
 14 CFR § 91.7 (a) & (b) - Civil aircraft airworthiness

 This regulation provides: 

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

 (b) The pilot in command of a civil aircraft is responsible for determining whether that 

 aircraft is in condition for safe flight. The pilot in command shall discontinue the flight 

 when unairworthy mechanical, electrical, or structural conditions occur. While the 

 operator's UAS will not require an airworthiness certificate, operator is required to 

 ensure that its aircraft is in an airworthy condition — based on compliance with the 

 operating documents prior to every flight. As previously determined with Astraeus 

 Aerial, Exemption 11062, relevant materials may be kept in a location accessible to the 

 PIC in compliance with the regulations.

 14 CFR § 91.9 (b)(2) - Civil Aircraft Flight Manual, marking, and placard 

 requirements

 14 CFR § 91.203 (a) & (b) - Civil aircraft: Certifications required 
 As previously determined with Astraeus Aerial, Exemption 11062, relief from these 

 sections are not necessary. Relevant materials may be kept in a location accessible to the 

 PIC in compliance with the regulations. 

 14 CFR § 91.109 - Flight instruction: Simulated instrument flight and certain flight 

 tests 

 This regulation provides that "No person may operate a civil aircraft that is being used for 

 flight instruction unless that aircraft has fully functioning dual controls." The controls for 

 a UAS do not currently have a set of fully functioning dual controls. If a UAS's pilot is 

 being trained, the pilot performing the training would be directly supervising and could 

 take over the controls from the pilot in training if the need arose. This would be similar to 

 the technique of a "throw-over type" control wheel in some fixed wing aircraft. We feel 

 that this technique meets the intent 91.109 and provides an equivalent level of safety. 

 14 CFR § 91.119 - Minimum safe altitudes

 This regulation provides that over sparsely populated areas the aircraft cannot be operated 

 closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission 

 of this UAS would be photography or survey of persons, vessels, vehicles or structures it 

 would be necessary to operate closer than 500 feet to the items listed. Operations will 

 only be flown over property or persons where permission has been obtained, and careful 

 pre-planning has been performed. Further, UAS aircraft operate at a very slow airspeed, and a

 low mass, and do not need as much space to operate safely, as outlined in 91.119. 

 
 We believe the slower speed, smaller mass and careful pre-planning would provide an 

 equivalent level of safety. 

 Furthermore, Operator can place barriers and/or structures to sufficiently protect 

 nonparticipating person from the UA or debris in the event of an accident. 

 14 CFR § 91.121 - Altimeter settings 

 This regulation provides that aircraft shall maintain cruising altitudes by reference to an 

 altimeter setting available within 100 nautical miles of the aircraft. The UAS will 

 normally be flying close to the ground, and in line of sight of the PIC or an observer. This 

 line of sight operation will provide separation from other aircraft, obstructions and terrain 

 providing an equivalent level of safety. Additionally, the altitude information generated 

 by onboard GPS equipment installed on the aircraft will aid in estimating the altitude. 

 14 CFR § 91.151 - Fuel requirements for flight in VFR conditions 

 This regulation provides that no person may begin a flight in an airplane under dayVFR 

 conditions unless there is enough fuel to fly to the first point of intended landing and to 

 fly after that for at least 30 minutes. We feel the intention of this paragraph it to provide a 

 reasonable reserve of energy to plan for a safe landing should there be a delay in landing. 

 Given the close proximity to the ground station, the ability for the UAS to land in a very 

 small space and the built in energy level monitoring of the UAS there is a resulting 

 equivalent level of safety if the flight is planned to be completed with 20% battery energy 

 remaining. We request an exemption to the word "fuel" and ask for an equivalent interpretation 

 with the word "energy". 
 14 CFR § 91.205 (b) — Powered civil aircraft with standard category U.S. 

 airworthiness certificates: Instrument and equipment requirements 

 Since the Operator's UAS does not have a standard category U.S. airworthiness 

 certificate, relief from 14 CFR § 91.205 is not necessary. 

 14 CFR § 91.215 - ATC transponder and altitude reporting equipment and use 

 Section 91.215 (b)(3) includes provision for aircraft not originally certificated with an 

 engine-driven electrical system or which has not subsequently been certified with such a 

 system installed. For UAS not equipped with a transponder, sub-paragraph (d)(3) 

 authorizes requests for ATC authorized deviations made to the ATC facility having 

 jurisdiction over the concerned airspace within the time periods specified. For operation 

 of an aircraft that is not equipped with a transponder, the request must be made at least 

 one hour before the proposed operation. 

 14 CFR § 91.401 — 91.417 — Maintenance, preventive maintenance, and alterations 

 This regulation provides that the operator is primarily responsible for maintaining the 

 aircraft in an airworthy condition, including compliance with part 39 and 43. Operator 

 believes that adherence to their documents containing preflight and postflight checks for 

 the UAS is sufficient to ensure that safety is not adversely affected. 
 Thank you for your consideration.

 Best Regards, 

 

 Matthew Vasquez

 PO Box 362269, Milpitas, CA 95036

 Email: orign8@gmail.com