Dear Administrator,

I, Chris Salcido, herein referred to as (the petitioner), 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 the

petitioner, Chris Salcido, an owner of a unmanned aircraft system (UAS), petition for exemption from

the Federal Aviation Regulations listed below and any regulation as required by the FAA that is

deemed necessary in order to conduct commercial UAS operations as described.

The requested exemption would permit the petitioner to pursue, safe, professional, for profit services

to private and public entities within the State of California utilizing a small unmanned aircraft system

(UAS) for aerial still and video capture for, but not limited to the following purpose:

*Real Estate Sales/Marketing

*Residential/Commercial Roof inspections

*Crop Inspection

*Property Video Survey

*Photo/Videography of rural contracted outdoor recreational activities on private and public use

lands (Prior Permission and Coordination Only)

*Motion Picture and Television

The UAS used by Chris Salcido is a Multirotor DJI Phantom 3 Professional. The operation of this

aircraft will be used in the United States of America and its territories. Included in this petition for

waiver is the Manufacturer’s Owners Manuals and Safety Guidelines & Checklists for the DJI Phantom

3 Professional.

Granting Chris Salcido's request is in alignment with the Secretary of Transportation's (“FAA

Administrator's”) responsibilities to not only integrate UASs into the national airspace system, but to "

... establish requirements for the safe operation of such unmanned aircraft systems [UASs] in the

national airspace system" under Section 333(c) of the Reform Act. Further, Chris Salcido will conduct

operations in compliance with the protocols described herein or as otherwise established by the FAA.

Chris Salcido respectfully requests the grant of an exemption allowing him to utilize the UAS as

described above.

The name and address of the applicant is:

Chris Salcido

Phone: 805-929-6382

Email: chris_salcido@hotmail.com

Address: 582 Belanger Dr

Nipomo, CA 93444
Regulations from which the exemption is requested:

14 C.F.R. 21

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

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) & (b) 14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 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 law 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 of the operator.

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 UAS,

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. § 44701 (f) See also 49 U.S.C. § 44711 (a); 49 U.S.C. §

44704; 14 C.F.R. § 91.203 (a) (1).
Chris Salcido’s DJI Phantom 3 Professional weighs 1280 g or 2.83 lbs including payload. It operates

under normal conditions at a speed of no more than 40 knots and have the capability to hover, and

move in the vertical and horizontal plane simultaneously. The UAS will operate only in line of sight

and will operate only within a predetermined and closed off property area under the permission of

the property representative. Such operations will insure that the UAS will “not create a hazard to

users of the national airspace system or the public” as per the Reform Act Section 333(b).

Given the small size of the UAS involved and the restricted sterile environment within which they will

operate, the applicant falls squarely within that zone of 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 UAS and the restricted 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 the

significant public benefit, including enhanced safety, reduction in environmental impacts, including

reduced emissions associated with allowing UAS for movie and commercial videography operations,

the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully

requests that the FAA grant the requested exemption without delay.

UASs Equivalent Level of Safety

The applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at

least an equivalent or even higher level of safety to operations under the current regulatory structure

because the proposed operations are conducted on closed off property under the permission of the

property owner or property representative.

These limitations and conditions to which Chris Salcido agrees to be bound when conducting

commercial operations under an FAA issued exemption include:

1. The UAS will weigh no more than 50 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be no greater than 30 minutes. Flights will

be terminated at 20% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet

above an elevated platform from which filming is planned. If a structure being filmed or photographed
has a height which exceeds 400 feet AGL, the UAS will not exceed 100 feet in height above the highest

point on that structure.

5. Minimum crew for each operation will consist of the sUAS Pilot, and the Visual Observer.

6. UAS Pilot will be Pilot in Command (PIC). The PIC will have a minimum of 40 hours of flight time

with the specific UAS equipment Chris Salcido operates. The experience of the PIC will be certified

through background checks and, if necessary, testing. The PIC will also have passed the FAA Airman

Knowledge Test for Private Pilots (Test Code: PAR or PRH) or equivalent. Chris Salcido will maintain

flight logs of all PICs it employs, and provide full transparency to the FAA regarding the logs and

records of these PICs.

7. Flights will 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.

8. A briefing will be conducted in regard to the planned UAS operations prior to each day’s production

activities. It will be mandatory that all personnel involved with the operational duties of the flight

within the boundaries of the safety perimeter be present for this briefing.

9. The operator will file a FAA Form 7711-2, or its equivalent, as modified in light of the requested

exemption, with the appropriate local Flight Standards District Office.

10. The operator will obtain the consent of all persons involved in the filming and ensure that only

consenting persons will be allowed within 100 feet of the flight operation, and this radius may be

reduced to 30 feet based upon an equivalent level of safety determination. With the advanced

permission of the relevant FSDO, operations at closer range can be approved.

11. PIC and Visual Observer will have been trained in the operation of the specific UAS equipment

used by Chris Salcido, and received up-to-date information on the particular UAS to be operated.

12. The PIC designated for any operation will have at least a Class 2 medical certificate.

13. Visual Observer and PIC will at all times be able to communicate by voice, radio, and/or text.

14. Written and/or oral permission from the relevant property holders or property representatives

will be obtained.

15. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

16. If the UAS loses communication with the PIC or loses its GPS signal, the UAS will have the

capability to return to a pre-determined location within the Security Perimeter and land

autonomously.

17. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or

emergencies.

Section 333’s Mandate and the Federal Aviation Act

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 49 U.S.C.
§ 44701(f). This statutory authority, by its terms, includes exempting civil aircraft, as the term is

defined under §40101 of the Act, from the requirements that all civil aircraft must have a current

airworthiness certificate, 49 U.S.C. § 44711(a), and those used in commercial service must be piloted

by private and/or commercial pilots. 14 C.F.R. §§ 61.113(a) and (b), 61.133.

The grant of the requested exemption is in the public interest based on (i) the clear direction in

Section 333 of the FAA Reform Act; (ii) additional authority in the Federal Aviation Act, as amended;

(iii) the strong equivalent level of safety surrounding the proposed operations; and (iv) the significant

public benefit, including enhanced safety and cost savings associated with utilizing UAS for

agriculture, aerial survey photography, videography. Accordingly, Chris Salcido respectfully requests

that the FAA grant the requested exemption without delay.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited

operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21

Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of

the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability, and proximity to airports and

populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the

UAS operated without an airworthiness certificate, in the restricted environment and under the

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions

proposed.

The UAS to be operated hereunder is less than 5 lbs fully loaded, carries neither a pilot nor passenger,

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured

area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be

tightly controlled and monitored by both the operator, pursuant to the Manual’s requirements, and in

compliance with local public safety requirements to provide security for the area of operation. The

FAA will have advance notice of all operations. These safety enhancements, which already apply to

civil aircraft operated in connection with motion picture and television production, provide a greater

degree of safety to the public and property owners than conventional operations conducted with

airworthiness certificates issued under 14
C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no

credible threat to national security posed by the UAS due to its size, speed of operation, location of

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial

external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed on

limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft,

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot

station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted,"

"light-sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS

will have no entrance to the cabin, cockpit, or pilot station on which the word “Experimental” can be

placed. Given the size of the UAS, two-inch lettering will be impossible. The word “Experimental” will

be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required

by §45.29 (f) where the pilot, observer, and others working with the UAS will see the identification of

the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to

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

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (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 no less than 40 hours of flight

time with the specific UAS equipment Chris Salcido operates. The experience of the PIC will be

certified by Chris Salcido through background checks and, if necessary, testing. The PIC will also have

passed the FAA Airman Knowledge Test for Private Pilots (Test Code: PAR or PRH) or equivalent. Chris

Salcido will maintain flight logs of all PICs it employs, and provide full transparency to the FAA

regarding the logs and records of these PICs. The PIC designated for any operation will have at least a

Class 2 medical certificate. The risks associated with the operation of the UAS are so diminished from

the level of risk associated with commercial operations contemplated by Part 61 when drafted, that

allowing operations of the UAS by a PIC meeting the standards of Chris Salcido (listed above) exceeds

the present level of safety achieved by 14 C.F.R. § 61.113 (a) & (b).
14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted,

no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and

the requirements contained in the Manual for maintenance and use of safety check lists prior to each

flight, as set forth in the DJI Phantom 3 Professional owner’s manuals and safety guidelines included,

an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides:

No person may operate a U.S.-registered civil aircraft ..

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved

manual material, markings, and placards, or any combination thereof.

The UAS, given its size and configuration has no ability to carry such a flight manual on the aircraft,

not only because there is no pilot on board, but because there is no room or capacity to carry such an

item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control

point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B,

10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action.

This regulation requires each pilot in command to take certain actions before flight to ensure the

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an

exemption will be needed. An equivalent level of safety will be provided as set forth in the DJI

Phantom 3 Professional owner’s manuals and safety guidelines included with this petition. The PIC will

take all actions including reviewing weather, flight battery requirements, landing and takeoff

distances, and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon)

that is being used for flight instruction unless that aircraft has fully functioning dual controls.
UAS and remotely piloted aircraft, by their design, do not have fully functional dual controls. Flight

control is accomplished through the use of a control box that communicates with the aircraft via radio

communications. The FAA has approved exemptions for flight training without fully functional dual

controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.

5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor

passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, Section 91.119(c)

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the

surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the rotorcraft will never operate at higher than 400 feet AGL. Because the

majority of aerial data collection and film and television applications must be accomplished at

relatively low altitudes, i.e., less than 500 feet AGL, an exemption from Section 91.119(c) is required.

The equivalent level of safety will be achieved given the size, weight, speed, and material with which

the rotorcraft is built. Additionally, no flight will commence without the permission of the land owner

or the party controlling the operating area. With advance notice to the landowner, all affected

individuals will be aware of film or television production flights. Compared to similar operations

conducted with conventional aircraft or rotorcraft, which weigh thousands of pounds and carry

flammable fuel, any risk associated with these operations will be significantly reduced from those

currently allowed for conventional aircraft operating at or below 500 feet AGL. Waivers have been

granted to other UAS operators for such operations in Alaska. Chris Salcido believes such operations

can be conducted within the CONUS and NAS airspace for the same reasons justifying operations

under the existing waiver in Alaska.

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 Manual and Safety Checklist, 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 for at

least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 14 C.F.R. § 91.151(a).

The batteries used in Chris Salcido's UAS provide between 18 and 30 minutes of powered flight.

Without an exemption from 14 C.F.R. § 91.151, the UAS flights would not be possible. Given the

limitations on its proposed operations and the location of those proposed operations, a longer

duration for flight in daylight VFR conditions is reasonable.

Chris Salcido believes that an exemption from 14 C.F.R. § 91.151(a) is safe and consistent with the

scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate

without compliance with 91.151(a)). Operating the rotorcraft, a small UAS, without 30 minutes of

reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent. The fact

that the rotorcraft carries neither a pilot, passenger, nor cargo enhances the reduced risk to overall

safety. In the unlikely event that the rotorcraft should run out of battery, it would land per its

autopilot instructions before the batteries are completely depleted. Given its weight and construction

material, the risks are significantly less than contemplated by the current regulation.

Chris Salcido believes that an equivalent level of safety can be achieved by maintaining 25% battery

life as being the equivalent of minimum fuel, this would be more than adequate to return the UAS to

its planned landing zone from anywhere in its planned operating area.

Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673, and

10808.

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 a civil aircraft unless it has within it the

following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a 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 utilized by Chris Salcido weighs no more than 5 lbs fully loaded and is operated without an

onboard pilot. As such, there is no ability to carry certification and registration documents or to

display them on the UAS.
An equivalent level of safety will be achieved by keeping these documents at the ground control point

where the pilot flying the UAS will have immediate access to them, to the extent they are applicable

to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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 sections 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 as referenced in the DJI Phantom 3 Professional documents included. An equivalent level of safety will be

achieved because these small UASs are very limited in size and will carry a small payload and operate only in

restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately as it will be

operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in

working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed.

Federal Register Summary

Pursuant to 14 C.F.R. § Part 11, the following summary is provided for publication in the Federal

Register, should the FAA determine that publication is needed:

Docket No: FAA-2007-0001

Petitioner: Chris Salcido

August 6, 2015

Applicant seeks an exemption from the following rules:

14 C.F.R. § 21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. § 61.113 (a) & (b); 91.7 (a); 91.9 (b)(2); 91.103

(b); 1.109; 91.119; 91.121; 91.151(a); 91.203 (a) and (b); 91.405 (a); 91.407 (a)(1); 91.409 (a)(2);

91.409 (a)(2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (50 lbs or less)

for the purpose of aerial data collection, Real Estate, motion picture, television, and commercial

videography operations.

Approval of exemptions allowing commercial operations of UAS in the film industry will enhance

safety by reducing risk. Conventional film operations, using jet or piston powered aircraft, operate at

extremely low altitudes in close proximity to people and structures and present the risks associated

with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other

fuel (140 gallons for jet helicopter) Such aircraft must fly to and from the film location. In contrast, a

battery powered UAS weighing fewer than 5 lbs. eliminates virtually all of that risk given the reduced
mass and lack of combustible fuel carried on board. The UAS is carried to the film set and not flown.

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 UAS, weighing less than 5 lbs, 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 lightweight aircraft operate at slow speeds, close to the ground, and in a sterile

environment and, 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 access property with the property owner’s prior

consent and knowledge. Filming will be of people who have also consented to being filmed 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 VLOS and

national security.

Provided in the above documentation is adequate justification for the grant of the requested

exemptions allowing commercial operation of applicant’s UAS for the purpose of various aerial data

collection, Real Estate AND in the motion picture and television industry pursuant to the manual

appended hereto.

Sincerely,

Chris Salcido