October 23, 2015

U.S. Department of Tr ansportation, Docket Operations West Buil ding Ground Floor, Room W12

- 140 1200 New

Jersey Avenue, SE Washington, DC 20590 

## Petitioner: Joshua Garcia 289 State Highway 92 Apt 6105 Sierra Vista, AZ 85635 j.garcia.1989@hotmail.com 910

- 787

- 5390 Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H 14 CFR 45.23(b) 14 CFR 61.113(a) and (b) 14 CFR 91.7(a) 14 CFR 91.9(b)(2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.203 (a) and (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2) 14 CFR 91.417(a) and (b) Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Joshua Garcia , operator of Unmanned Aircraft Systems (UAS), hereby applies for an exemption from the listed Federal Av iation Regulations (“FARs”) to allow commercial operation of designated UAS, provided such o perations are conducted w ithin and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, w ould provide professional services in the following areas:
1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engine ering and other related professional activities. 2. Aerial video and/or photography for public and/or private use including television, public events, cinematography and newsgathering. 3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority. 4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical pow er lines, wind turbines and cell towers. 5. Aerial video/photography or providin g live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 6. Training to persons individually or belonging to both privat e and/or public organizations to increase aw areness and improve safety for current and future UAS operations within the NAS. As described fully below , the requested exemption would permit the operation of designated UAS as set forth in this document unde r controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval of this exemption w ould increase public awareness of UAS operations and enhance safety to aid infulfilling 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.” I plan to operate a UAS, the DJI PHANTOM 3 Professional which is comprised of an unmanned aircraft (UA or Phantom 3) and a transportable ground station. The Phantom 3 is referred to as a quad

- copter with a maximum gross weight of about 3 pounds. It is equipped w ith four rotors that are driven by electric motors pow ered by batteries. The UA has a maxi mum airspeed of 16 m/s. I also plan to operate a UAS, the DJI Inspire 1 w hich is comprised of an unmanned aircraft (UA or Inspire 1) and a transportable ground station. The Inspire 1 is referred to as a quad

- copter with a maximum gross weight of about 6 .5 pounds. It is equipped w ith four rotors that are driven by electric motors pow ered by batteries. The UA has a maximum airspeed of 22 m/s. Also, given the small size of the UAS’s involved and the restricte d controlled environment within which they wil l operate, the applicant fits 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 controlled areas in which the relevant UAS will operate, approval of the application presents no national security issue. Given the following, the grant of the requested exemptions is clearly in the public interest: Joshua Garcia 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 an exceptional level of safety to operations. These limitations and conditions to which Joshua Garci a agrees to be bound when conducting commercial operations under an FAA issued exemption including:
1. The UAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of operator. 3. Maximum total flight time for each operational flight wi ll be 30 minutes. 4. Flights will be terminated at 15% battery power reserve. 5. Flights will be operated at an altitude of no more than 400 feet AGL 6. UAS operator w ill be trained and certified in the proper safety and operations of the UAS. 7. The UAS will only operate within a controlled area as defined in the Procedures. 8. The operator will post advisor notice around the controlled area. 9. The operator will have been trained in operation of UAS generally and received up

- to

- date information on th e particular UAS to be operated as required. 10. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

determined location within the Security Perimeter and land. 11. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and are prepared to mo dify or amend any part of this request to satisfy the need for an equivalent level o f safety. We look forw ard to working wit h your office. Please contact me at any time if additional information or clarifications are needed.

Very respectfully , Joshua Garcia