Alex G. Hernandez

Flyboydrones520@yahoo.com

June 10, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request under Section 333 of the FAA Modernization and Reform 

Act of 2012 and 14 C.F.R. Part 21; 14 C.F.R Parts 45.23(b); 14 C.F.R. 

61.113(a)&(b); 14 C.F.R. 61.133(a); 91.7(a)&(b); 91.9(b) (2); 91.103(b); 

91.109(a); 91.119; 91.121; 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:

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

Act”) and 14 C.F.R. Part 11,Alex Hernandez also known as Flyboy Drones LLC, requests 

exemptions from the Federal Aviation Regulations (“FARs”) listed below and discussed in 

Appendix A to allow Alex Hernandez to conduct commercial operations with Dji's Phantom 3 

small Unmanned Aircraft System (“UAS”) (the “phantom 3”) to provide, among other things, 

commercial operations of its Aircraft for training and demonstrations in remote and rural areas of 

the United States, as further defined herein, by a Pilot in Command holding, as minimum, a 

private pilot certificate. 

All participants know and understand the regulatory requirements and Safety requirement to 

make these daily operations Safe. The community is committed to safety with each flight.

Alex Hernandez requires that each UAS pilot to be a U.S. citizen, have in their possession a valid 

Private Pilot certificate, be current in manned aircraft, have a third class medical prior to the 

flight phase of the training program and be cleared through TSA.

Alex Hernandez will put SOP’s in place to instill safety protocols and controls to avoid and 

prevent public hazards, as well as manned aircraft hazards/catastrophe. Alex Hernandez will 

utilize the UAS Risk Assessment Matrix prior to daily flight operations.
Applicant Information: 

The name of the applicant is:

Alex Hernandez 

The contact for this application is: 

Alex Hernandez

Address: 400 Santa Cruz Dr unit 8

Bisbee AZ, 85603 

Email Flyboydrones520@yahoo.com

Phone (520) 236-6296

Alex Hernandez would welcome the opportunity to consult with FAA staff in order to address 

any issues or concerns related to this proposal that they believe may require modification.

Exemptions Requested 

Alex Hernandez does not believe that it needs an exemption from 14 C.F.R. §§ 

because the Dji Phantom 3 flight manual, airworthiness exemption, maintenance records, and 

registration certificate will be maintained near the pilot’s in commands (PIC) control station 

(Aircrew Flight Stations). Should the FAA determine that an exemption is required, Alex 

Hernandez will comply with all request needed to be granted exemptions.

Alex Hernandez requests exemptions from the following regulations: 

14 C.F.R. Part 21; (Aircraft certification requirements)

14 C.F.R. 45.23(b); (“N” numbers and markings)

14 C.F.R. 61.113(a) & (b); (Private pilots operating for hire)

14 C.F.R. 61.133(a); (Commercial pilots as related to above)

14 C.F.R. 91.7(a) & (b); (Civil aircraft airworthiness)

14 C.F.R. 91.9(b) (Civil aircraft flight manual, marking, and placard requirements)

14 C.F.R. 91.109(a); (Dual controls for instruction)

14 C.F.R. 91.119;14; (Safe altitudes over obstacles)

14 C.F.R. 91.121; (Altimeter Setting)

14 C.F.R. 91.151(a); (Fuel minimum)

14 C.F.R. 91.203(a) & (b); (Maintenance inspections)

14 C.F.R. 91.405(a); (Maintenance related)

14 C.F.R. 91.407(a)(1); (Maintenance related)

14 C.F.R. 91.409(a)(2); (Airworthy certificates)

14 C.F.R. 91.417(a); (Maintenance record keeping)
The Extent of relief Alex Hernandez seeks and the Reason they Seeks Such

Relief:

Dji's (“Phantom 3”)

The battery-powered Phantom 3 weighs 1280g , has a wingspan of 689 mm, and has a flight 

time of 23-30 minutes depending on operating conditions, can operate in temperatures ranging 

from 0°F to 104°F. It employs a self-stabilizing aircraft configuration with stability

augmentation avionics that provides ease-of-control and steady video imagery. Its highperformance design leverages advanced composite materials, innovative electronics, and cuttingedge sensor technology to increase mission capabilities and make Phantom 3 a reliable and 

accurate solution to meet a variety of industry needs. 

The Phantom 3 is capable of transmitting live airborne video images and location information to 

a iPad with live hd feed. The Phantom 3’s max speed is 16m/s (ATTI mode, no wind), max 

ascent speed 5 m/s and max descent speed is 3 m/s. the phantom 3 is a vertical takeoff and 

landing 

The Phantom 3 can operate safely in the National Airspace System (“NAS”), without posing a 

threat to national security, by operating in accordance with the requirements discussed herein.

The Dji's Phantom 3’s capabilities, along with Alex Hernandez’s experience to date, make it 

ideally suited to conduct commercial operations, aerial surveying, and patrolling in remote areas 

(i.e. non-congested or sparsely populated areas, private or controlled-access property) under 

Class G airspace and within Visual Line of Sight (“VLOS”). Use of the Phantom 3 reduces the 

need to operate manned aircraft, decreasing the risk to the pilot, crew, and those on the ground, 

as the Phantom 3 is carried to the site and not flown there with a load of flammable fuel. 

As a result of the Phantom 3 size, weight, maximum speed, operational capability, and safety 

record; the distance at which it will operate from populated areas; and its operation using visual 

observers to provide de-confliction from other air traffic. The Phantom 3 does not create a 

hazard to users of the NAS or the public. Neither does it pose a threat to national security. 

Therefore, we request the FAA grant Alex Hernandez the requested exemptions. Alternatively, 

if the FAA finds that modification of Alex Hernandez application is required for safe operation 

of the Phantom 3 in the NAS, Alex Hernandez requests that the FAA delineate the required 

modifications and either process application as if the modifications were already made or allow 

Alex Hernandez to amend its application to incorporate the FAA’s findings. 

Airworthiness of the UAS 

For additional safety, the Phantom 3 is equipped with automated features that ensure safe 

takeoff, flight, and landing in many conditions, further details of which are provided in Appendix 

C. In support of this application, Alex Hernandez will submit, under separate cover and with a 

request for confidentiality, the Phantom 3 Operator’s Manual (“Operator’s Manual”) if 

requested. 
Operating Conditions 

Alex Hernandez requests an exemption subject to the conditions listed in Appendix B, which are 

substantially similar to the operating conditions required for the FAA’s previous grants of 

exemptions under Section 333. 

In accordance with the conditions approved in previous exemption grants, Alex Hernandez is 

requesting authority to operate the Phantom 3 within visual line of sight and below 400 feet AGL 

except as provided by FAA Air Traffic Control via COA. Alex Hernandez will use the elevation 

of the highest predominant terrain within 1 mile of the launch point and within the visual line of 

sight as a ground reference point to establish the 400 feet ceiling. In other words, Alex 

Hernandez will not operate the Phantom 3 any higher than 400 feet above the highest point 

within 1 mile from the launch point, and will only do so provided the UAS is within the line of 

sight. These operating conditions, along with those listed in Appendix B, would provide an 

equivalent level of safety for the reasons described below. 

The Phantom 3 is visible up to 1 mile in a clear sky, making the selection of the predominant 

terrain within 1 mile of the launch point as a ground reference a logical and easily manageable 

reference. 

Reasons Why Alex Hernandez’s Exemption Will Not Adversely Affect Safety

Or How the Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

Alex Hernandez’s, exemption will not adversely affect safety. Quite the contrary, for the reasons 

stated permitting Alex Hernandez to log more flight time in FAA controlled airspace, with 

communication with the FAA, will allow Alex Hernandez to contribute to the innovation and 

implementation of new and novel, as of yet undiscovered safety protocols for pilots that can be 

embraced by the FAA and NTSB for development in cooperation with the FAA. In addition, 

Alex Hernandez, submit the following representations of enhancements to current aerial 

videography and photography:

• UAS weighs less than 1280g complete with a small ultra-light weight high quality 4k 

camera;

• Operate the UAS below 400 feet (well within the 500 foot permissible ceiling set by the 

FAA Modernization and Reform Act of 2012);

• Alex Hernandez’s UAS only operate for 25-30 minutes per flight;

• Pilot in command will land the UAS prior to manufacturer recommended minimum level 

of battery power;

• The aircraft is piloted by UAS ground control station or through remote control and only

operates by visual line of sight;

• The aircraft has GPS, utilizing a flight safety feature whereby it Returns Home and then 

automatically lands if communication with the GCS or remote pilot control is lost;

• Alex Hernandez actively analyze flight data and other sources of information to 

constantly update and enhance safety protocols;
• Alex Hernandez only operates in reasonably safe environment that are strictly controlled, 

are away from power lines, elevated lights, and actively populated areas; Students 

conduct extensive pre-flight inspections and protocol, during which safety carries 

primary importance;

• Alex Hernandez always obtains all necessary permissions prior to operation; and, 

procedures in place to abort flights in the event of safety breaches or potential danger.

• Alex Hernandez will also train Visual Observers (VO’s) as crew members to enhance 

safety.

• Alex Hernandez will conduct “Crew Briefings” prior to each training period. 

Alex Hernandez’s safety protocols provide a level of safety equal to or exceeding existing rules. 

It is important to note that airplanes and helicopters are the primary means of aerial video and 

photography for community awareness and pilot training. While the safety record of such aircraft 

is remarkably astounding, it is far safer to operate a battery powered ultra-light weight UAS.

First, the potential loss of life is diminished because UAS's carry no people on board and pilot in 

command only operates the UAS 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 greatly 

diminished.

Third, the small size and extreme maneuverability of the UAS allow Certified Flight pilots to 

remotely pilot away from and avoid hazards quickly and safely.

Lastly, given its small size and weight, even when close enough to capture amazing images, the 

UAS need not be so close to the objects they are focused on instead of flying the UAS and use 

post editing software for pan and zoom functions.

Accordingly, the UAS has been experimentally operated for familiarization/competency and will 

continue to operate at and above current safety levels.

In summary, Alex Hernandez 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. § 91.109; 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 Alex Hernandez’s small lightweight unmanned aircraft vehicle in Pilot 

training, community awareness, agriculture operations and demonstrations. Currently, Pilot 

training, area awareness and aerial videography/photography relies primarily on the use of larger 

aircraft running on combustible fuel. Posing potential risk to the public. Granting Alex 

Hernandez’s request for exemption will reduce current risk levels and thereby enhance safety. 

The Phantom 3 aircraft does not contain potentially explosive fuel, is smaller, lighter and more 

maneuverable than conventional aircraft. Further, Alex Hernandez will operate at lower altitudes 

and in class G airspace eliminating potential public risk flying to and from established air fields. 

Alex Hernandez, has been informally analyzing flight information and will compile safety 
protocols and the implementation of a flight operations manual for Flight Training usage that 

exceeds currently accepted means and methods for safe flight. Formal collection of information 

shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying 

with the FAA Modernization and Reform Act of 2012. There are no personnel on board the Alex 

Hernandez’s UAS and therefore the likelihood of death or serious bodily injury is significantly 

diminished. Alex Hernandez’s operation of the UAS, weighing less than 1280 g and traveling at 

lower speeds within limited areas will provide an equivalent level of safety as that achieved 

under current FARs. Accordingly Alex Hernandez, respectfully request that the FAA grant this 

exemption request and is willing to cooperate in sharing information to benefit the FAA, safety 

of manned aircraft, and the general public at large.

APPENDIX A 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Alex Hernandez requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the Phantom 3 UAS: 

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

Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

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

weight of the aircraft, the operating conditions, design safety features, and the proposed 

conditions and limitations, it is unnecessary to go through the certificate of airworthiness process 

under Part 21 Subpart H to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333. Section 333 and 49 U.S.C. § 44701(f) 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 UAS involved.

In this case, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The 

Phantom 3 weighs 1280 g fully loaded. It will not carry a pilot, passenger or flammable fuel. The 

Phantom 3 operates exclusively within a controlled area pre-disclosed and in compliance with 

conditions set forth herein. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by the (PIC) and observer(s), pursuant to the conditions set 

forth in Appendix B, the Operator’s Manual, and local public safety requirements. The FAA will 

have advance notice of all operations through the filing of NOTAMs. The lack of flammable fuel 

and the fact that the aircraft is carried to the location and not flown there all establish the 

equivalent level of safety. The UAS provides at least an equivalent level of safety to that of such 

operations being conducted with conventional aircraft that would be orders-of-magnitude larger 

and would be carrying passengers, cargo, and flammable fuel. 
14 C.F.R. § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. These UAS are, by definition, unmanned. They therefore do not have a cabin, 

cockpit or on board 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 than minimal 

lettering requirement. Alex Hernandez will mark its UAS in the largest possible lettering by 

placing the word “EXPERIMENTAL” and the N number on its fuselage as required by 14 

C.F.R. §45.29 (f) so that I the pilot, or anyone assisting as a spotter with the UAV will see the 

markings. The FAA has previously issued exemptions to this regulation through Exemptions 

Nos. 8738, 10167, 10167A and 10700. 

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. 

Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the Phantom 3 is 

remotely controlled with no passengers or property of others on board. The area of operation is 

controlled and restricted, and all flights are planned and coordinated in advance as set forth in the 

Operator’s Manual. In conjunction with the required training of the (PIC) and observers, the 

level of safety provided by the requirements included in the Operator’s Manual exceeds that 

provided by a single individual holding a commercial pilot certificate operating a conventional 

aircraft.

Alex Hernandez, can operate at an equivalent level of safety as required by current Regulations, 

because the UAS does not carry any pilots or passengers. Further, a licensed private pilot will 

ensure regulations and piloting skills are maintained. The risks to the operation of the UAS is far

less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, Thus, 

allowing Alex Hernandez to operate the UAS and meet or exceed current safety levels in relation 

to 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. § 61.133 Commercial pilot privileges and limitations.

(a) Privileges—

(1) General. A person who holds a commercial pilot certificate may act as pilot in command of 

an aircraft—

(i) Carrying persons or property for compensation or hire, provided the person is qualified in

accordance with this part and with the applicable parts of this chapter that apply to the operation; 

and

(ii) For compensation or hire, provided the person is qualified in accordance with this part and 

with the applicable parts of this chapter that apply to the operation.

Alex Hernandez, can operate at an equivalent level of safety as required by current Regulations, 

because the UAS does not carry any pilots or passengers. Further, a licensed private pilot will 
ensure regulations and piloting skills are maintained. The risks to the operation of the UAS is far 

less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, Thus, 

allowing Alex Hernandez to operate the UAS and meet or exceed current safety levels in relation 

to 14 C.F.R. §61.113 (a) & (b).

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

Section 91.7(a) prohibits an individual from operating a civil aircraft unless it is in an airworthy

condition. No FAA standard exists for determining an aircraft’s airworthiness when an 

airworthiness certificate is not issued. As the FAA has done with previous exemption grants, 

airworthiness will be ensured and an equivalent level of safety will be achieved by compliance 

with the operating documents prior to every flight. 

14 C.F.R. § 91.9(b): Civil aircraft flight manual, marking, and placard requirements

Section 91.9 (b) (2) requires, 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.

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 safety will be achieved by maintaining all safety/flight 

manuals delineating areas of where safety can be defined at the Pilot control station. The FAA 

has previously 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 electronic global positioning 

systems with a barometric sensor.

14 C.F.R. § 91.109 Flight instruction; Simulated instrument flight and certain flight tests.

Section 91.109 Flight instruction; simulated instrument flight and certain flight tests.

(a) 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. However, instrument 

flight instruction may be given in an airplane that is equipped with a single, functioning throw 

over control wheel that controls the elevator and ailerons, in place of fixed, dual controls, 

when—

(1) The instructor has determined that the flight can be conducted safely; and

(2) The person manipulating the controls has at least a private pilot certificate with appropriate 

category and class ratings.

Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the Phantom 3 is 

remotely controlled with no passengers or property of others on board. As there are no on board 

pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. 

14 C.F.R. § 91.119(c): 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. Because 

some of the training and survey work must be accomplished at altitudes less than 500 feet AGL 

and nonparticipating Alex Hernandez employees/pilots will be working within 400 feet of the 

UAS, an exemption from Section 91.119(c) is needed. 

The equivalent level of safety will be achieved because Alex Hernandez’s employees/pilots are 

required to be part of the training program and because the Phantom 3, given its size, weight, 

speed, and materials, does not pose a serious risk. Also, every flight will be conducted over land 

owned or controlled by Alex Hernandez. Because Alex Hernandez will notify its 

employees/pilots in advance of Phantom 3 operations, all effected individuals will be aware of 

the flights. Compared to operations conducted with aircraft or rotorcraft weighing far more than 

1280 g and carrying nonflammable fuel, any risk associated with these operations will be far less 

than those currently allowed with conventional aircraft operating at or below 500 feet AGL. 

14 C.F.R. § 121: Altimeter Setting 

Section 121 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 is required. An equivalent level of safety will be achieved 

by the operator, pursuant to the Operator’s Manual, 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 

This regulation 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.” 

The Phantom 3 batteries provide approximately 25-30 minutes of powered flight. Without an 

exemption from 14 C.F.R. § 91.151, the Phantom 3’s flights would be limited to approximately

20 minutes in length because the PIC would require the last 30 minutes to satisfy section 

91.151(a). Given the limitations on its proposed operations, a longer time frame for flight in VFR 

conditions is reasonable. 

Alex Hernandez believes that an exemption from 14 C.F.R. § 91.151(a) provides an equivalent 

level of safety and is consistent with prior exemptions. Operating the UAS, without 30 minutes 

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

given the size and speed at which the UAS operates. In the unlikely event that the UAS battery 

runs low, it would simply follow the pre-programmed command to land at a designated location. 

Given its weight and construction material, the risks are less than contemplated by the current 

regulation. 
Alex Hernandez believes that an equivalent or enhanced level of safety can be achieved by 

maintaining 10 minutes of reserve power which, allowing at least 20 minutes of flight time, if not 

more, would be more than adequate to return the UAS to its planned landing zone from 

anywhere in its limited operating area. 

14 C.F.R. § 91.203 Civil Aircraft: Certifications required.

§ 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. As 

there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. The equivalent level of safety will be achieved by maintaining any such required 

certifications, Exemptions, SOP’s, and registrations by Alex Hernandez at the Pilot control 

station.

14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a): Maintenance Inspections 

Section 91.405(a) requires 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.” Section 91.407 similarly makes reference to requirements in Part 43. Section 

91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance 

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and 

records of approval of the aircraft for return to service. 

Pre-flight checks will be performed by a qualified person prior to each flight and at predefined 

intervals as part of the maintenance schedule. 

The pre-flight checklist includes: 

1. Visual inspection of the airframe; 

2. Visual inspections of propeller; 

3. Verify GPS acquisition; 

4. Plan and upload mission; 

5. Video and payload check; 

6. Controls check; 

7. Gyro/control surfaces check; 

8. Throttle check; 

9. Check sensors; and 

10. Verify fail safes are set correctly. 

An equivalent level of safety will be achieved because the UAS will carry no external payload, 

will operate only in restricted predetermined areas, and is not a complex mechanical device. In 

addition, 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 that is performed. Moreover, 

the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft 
in an airworthy condition and to ensure an equivalent level of safety. The Operator’s Manual will 

have instructions to develop and document maintenance, overhaul, replacement, and inspection 

requirements. In the absence of Dji requirements, and procedures to document and maintain 

maintenance records for the UAS Alex Hernandez will develop standard practices and 

procedures.

The UAS maintenance guidelines provide an equivalent level of safety to the maintenance 

requirements in Part 91.

APPENDIX B 

Alex Hernandez OPERATING LIMITATIONS 

1) Operations authorized by the grant of exemption are limited to the following aircraft: Dji's 

Phantom 3, which weighs less than 5 kg. 

2) The UAS shall not be flown at a ground speed exceeding 60 kts. 

3) The UAS will not be operated at an altitude more than 400 feet above the highest predominant 

terrain except as may be provided by FAA Air Traffic Control (“ATC”) via COA. The highest 

predominant terrain is the defined as terrain within 1 mile of the launch point and within the 

visual line of sight of the PIC. All altitudes reported to ATC shall be in feet AGL. 

4) The UAS must be operated within visual line of sight 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. 

5) All operations must use a (VO). The (VO) and (PIC) must be able to communicate verbally at 

all times. The (PIC) must be designated before the flight. The (PIC) must ensure that the (VO)

can perform the functions prescribed in the operating documents. 

6) The operating documents and this grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a conflict exists between the 

conditions and limitations in the exemption and the procedures outlined in the operating 

documents, the conditions and limitations in the exemption take precedence and must be 

followed. Otherwise, Alex Hernandez must follow the procedures as outlined in its operating 

documents. Alex Hernandez may update or revise its operating documents. It is Alex 

Hernandez’s responsibility to track such revisions and present updated and revised documents to 

the Administrator upon request. Alex Hernandez must also present updated and revised 

documents if it petitions for extension or amendment to this grant of exemption. 

7) Prior to each flight the (PIC) must inspect the UAS to ensure that it is in a condition for safe 

flight. The (PIC) shall not operate the aircraft if the inspection reveals a condition that affects the 

safe operation of the UAS until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight. The Ground Control Station, if utilized, must be 
included in the preflight inspection. All maintenance and alternations must be properly 

documented in the aircraft records. 

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 in accordance with the Operator’s Manual. The (PIC) who conducts the functional test 

flight must make an entry in the aircraft records of the flight. The requirements and procedures 

for a functional test flight and aircraft record entry shall be included in the Operator’s Manual. 

9) The pre-flight inspection must account for all discrepancies, e.g. inoperable components, 

items, or equipment, not already covered in the relevant sections of the operating documents. 

10) Alex Hernandez must follow Dji’s aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements. 

11) Alex Hernandez must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, alterations, 

and status of replacement/overhaul component parts must be noted in the aircraft records, 

including total time in service, description of work accomplished, and the signature of the person 

authorized to return the UAS to service. 

12) Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

13) The (PIC) must possess at least a private pilot certificate and at least a current third-class 

medical certificate. (The PIC) must also meet the flight review requirements specified in 14

C.F.R. § 61.56 in an aircraft in which the (PIC) is rated on his or her pilot certificate. 

14) Alex Hernandez may not permit any (PIC) to operate unless the (PIC) meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and 

structures. (PIC) qualification flight hours and currency must be logged in a manner consistent 

with 14 C.F.R. § 61.51(b). The (PIC) must ensure that the (VO) is trained appropriately in order 

to fulfill his or her duties. A record of training and qualification must be documented and made 

available upon request by the Administrator. Flights for the purposes of training the operator’s 

(PICs) and (VOs) (training, proficiency, and experience-building), are permitted under the terms 

of this exemption. However, training operations may only be conducted during dedicated 

training sessions. During training, proficiency, and experience-building flights, all persons not 

essential for flight operations are considered nonparticipants, and the (PIC) must operate the 

UAS with appropriate distance from nonparticipants in accordance with these operating 

conditions. 

15) Operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations 

must be conducted under visual meteorological conditions (“VMC”). Flights under special visual 

flight rules (“SVFR”) are not authorized. 

16) 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 that airport’s 
management is obtained, and the operation is conducted in accordance with a NOTAM as 

required by Alex Hernandez. The letter of agreement with the airport management must be made 

available to the Administrator upon request. 

17) The UAS 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 communications or loses its GPS signal, the UAS must return to a predetermined location within the security perimeter and land or be recovered in accordance with 

the Operator’s Manual. 

19) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the Operator’s Manual. 

20) UAS operations must be completed within flight time as prescribed by the manufactures 

operators’ manual. 

21) Alex Hernandez must obtain an ATC-issued COA prior to conducting any operations under 

this exemption. This COA will also require the filing of the NOTAM not more than 72 hours in 

advance, but not less than 48 hours prior to the operation, or if this exemption allows for a 

shorter notification. 

22) All aircraft operated in accordance with the requested exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. Part 47, and have identification (N-Number) 

markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings shall be as large as 

practicable. 

23) The radio frequency spectrum used for operation and control of the UAS must comply with 

Federal Communication (FCC) or other appropriate government oversight agency requirements. 

24) The documents required under 14 C.F.R. §§ 91.9 and 91.203 must be available to the PIC at 

the Ground Control Station of the UAS any time the aircraft is operating. These documents shall 

be made available to the Administrator or any law enforcement official upon request. 

25) The UAS must remain clear and yield the right of way to all other manned operations and 

activities at all times. 

26) The UAS may not be operated from any moving device or vehicle. 

27) The UAS may not be operated over congested or densely populated areas. 

28) Flight operations must be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, structures, and public access roads unless:

a. The nonparticipating persons are authorized to access Alex Hernandez, have received 

Alex Hernandez’s safety Briefing; 

b. For non-participants who do not qualify as Alex Hernandez employees/ pilot's

barriers or structures are present that sufficiently protect them from the UAS and/or 

debris in the event of an accident. The operator must ensure that nonparticipating persons 

who are not Alex Hernandez employee/ pilots remain under such protection. If a situation 
arises where nonparticipating persons who are not Mine Parties leave such protection and 

are within 500 feet of the UAS, flight operations must cease immediately; or 

c. The aircraft is operated near vessels, vehicles or structures where the owner/controller 

of such vessels, vehicles or structures has granted permission 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. 

29) Operations more than 400 feet to the PIC, VO, operator trainees or essential persons as 

defined in the operating documents are permitted if those operations do not present an undue 

hazard to those persons per § 91.119(a) as determined by the PIC. 

30) All operations must be conducted over private or controlled-access property. 

31) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable exemption shall be reported to the FAA’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.

APPENDIX C 

SMALL UNMANNED AERIAL SYSTEM DESCRIPTION 

UAS Operating Overview: The Phantom 3 is a four propelled quadcopter aircraft constructed of 

a plastic composite with bendable wings that requires twist on assembly propellers. It has full 

operation for takeoff, navigation, and landing. 

Parameter Characteristic
Diagonal size (including Props) 689 mm

Weight, with EO battery and props 1280 g 

Wireless Range 1⁄2 mile 

Max speed 16 m/s (ATTI mode, no wind)

descent Speed 3 m/s

Ascent Speed 5 m/s

Flight Duration 23-30 minutes 

Launch Vertical takeoff 

Landing Vertical landing

Flight Control Autonomous or manual 

Exterior Lighting Visible LED Lights 

Command and Control Frequency 2.400 GHz-2.483 GHz

The UAS can be operated in fully autonomous flight modes. Creating pre-planned flight paths to 

fly in autonomous mode is as simple as clicking on the map to create a pre-planned flight path. 

Pre-mission waypoints, landing zone points, and flight area dimensions can all be entered during 

preflight, ensuring the UAS operates only within specified parameters. 

The Phantom 3 includes many advanced safety features that makes it the safest choice for areas 

like Alex Hernandez’s. to automatically respond with a set command (one such option being to 

fly back to a pre-selected rally point and land). Faults that can be detected include: loss of 

communication, loss of GPS, and low battery levels. In addition, the operator can create no fly 

zones, and the system will visually and audibly warn the operator if the planned flight path 

would enter the no fly zone. 

Operator’s Manual – The Phantom 3 Operator’s Manual will be provided under separate cover 

with a request for confidential treatment. 

Power – The Phantom 3 and its ground control station are both powered by a lipo4s rechargeable 

battery pack. A new battery has a fully charged voltage of approximately 15.2V. A “full-pack” 

has a capacity of 23-30 of flight. The Phantom 3’s battery charge is displayed in real-time on the 

ground control terminal, ensuring maximum flight duration and safety. 

Takeoff and Landing style/type – The Phantom 3 is vertical takeoff and can be. The Phantom 3 

lands by returning to a pre-determined rally point and beginning a spiral descent. Once it reaches 

a pre-selected altitude, it heads toward the landing waypoint, descending until it lands to a stop. 

Defined “Keep Out” Areas – The navigation software allows for preplanning Keep Out Areas 

that allow the operator to designate airspace he or she does not want the Phantom 3 to enter. If 

defined flight paths pass through an area designated as keep-out, the individual waypoints and 

waypoint connection segments turn red as a warning. Additionally, if a mission is uploaded and 

intersects with a keep out area, a warning is presented to the user. Also, if an aircraft in flight is 

navigated into a designated keep out area, an audible warning is sounded. 
Maintenance – The Phantom 3 UAS needs very little maintenance, and operators may perform 

most required maintenance in the field with the field repair kit. 

Command and Control Systems - The UAS Ground Control Station (GCS) allows the operator 

simultaneous control over aircraft and payloads. The display screen provides all essential flight 

data to the operator. Telemetry data is transmitted to the command station at least once per 

second. 

Displayed on GCS: 

● Current position 

● Registered home position 

● Any autopilot flight plans 

● Registered emergency landing zone 

● Aircraft attitude 

● Altitude 

● Airspeed 

● Groundspeed 

● Compass reading/heading 

 ● Communication strength 

● Range from home 

● Bearing from home 

● Duration of current mission 

● Mode of the aircraft 

● Battery level 

Emergency Procedures and System Failures 

Loss of Link – The UAS does not need constant signal from the GCS to continue flying. 

Communications outages are detected by the system and are reported to the PIC. During the 

communication outage, the UAS continues on its pre-determined flight path until a failsafe is 

triggered. Once a failsafe is triggered, the UAS will perform in accordance with the failsafe 

conditions uploaded before launch. This is accomplished without input from the operator. 

Security 

The system and communication links may be encrypted.