Dan Garcia

4731 Johnson Drive

Fair Oaks, CA 95628

writedag@gmail.com

8/28/15 

U.S. Department of Transportation, Docket Operations

1200 New Jersey Avenue, SE

West Building Ground Floor, Room W12-140

Washington, DC 20590

Dear Sir or Madam,

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

Reform Act), Dan Garcia hereby applies for an exemption from the Federal 

Aviation Regulations identified herein to allow for the commercial operation of a 

small unmanned aerial system (i.e., UAS) for the purposes of aerial data collection 

and closed set motion picture and television filming. 

Submitted with this document is a Motion Picture and Television Flight 

Operations Manual that will be adhered to when operating for the purposes of 

closed set motion picture and television filming, and will serve as guidance for 

other types of operations. 

The UAS of intended use is the DJI Phantom 2 and the 3d Robotics Solo. 

Manufacturer supplied manuals specifying performance, limitations, and 

procedures are included in this submission. 

The PIC currently holds a valid First Class Airman Medical certificate and a Private 

Pilot Certificate with an Instrument Rating. 

Pursuant to 14 C.F.R. Part 11 and Part 21, the following summary is provided for

publication in the Federal Register, should it be determined that publication is 

needed:

Applicant seeks an Exemption from the following Rules:

14 C.F.R. 21; 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a),

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b) to operate commercially a small unmanned aircraft 

system (sUAS) (15lbs or less).

Petitioner’s Contact Information
Dan Garcia

4731 Johnson Drive

Fair Oaks, CA 95628

writedag@gmail.com

Public Interest and Safety

Granting this exception is in the public interest to advance commerce, and 

provide a safety benefit through the use of an unmanned aircraft in lieu of a 

manned aircraft for low level operations. Additionally, the environmental (noise, 

fuel use, etc) impact is lessened by using a battery powered UAS in favor of a 

larger internal combustion powered manned aircraft. 

Reference the included flight operations manual for specific policies that will be 

followed to provide a level of safety at least equivalent to that provided by the 

rules from which exemption is sought. 

Regulations from which exemption is requested:

A. 14 C.F.R. 21(h): Airworthiness Certificates

The applicant requests an exemption from 14 C.F.R. 21(h). This exemption meets 

the requirements for an equivalent level of safety pursuant to Section 333 based 

on the small size, lightweight, and low speed. 

14 CFR 61.23(a) and (c)

The applicant requests an exemption from 14 CFR 61.23(a) and (c) on the basis 

that the requirements for a UAS are not specified in this part. 

61.101 (e)(4) and (5)

The applicant requests an exemption from 61.101 (e)(4) and (5) on the basis that a

recreational certificate is sufficient to operate a UAS for compensation or hire and 

in furtherance of a business

61.113(a)

The applicant requests an exemption from 61.113(a) on the basis that a Private 

pilot certificate shall be allowed to operate a UAS for compensation or hire. 

61.315(a)
The applicant requests an exemption from 61.315(a) on the basis that a sport 

pilot certificate shall be allowed to operate a UAS for compensation or hire. 

91.7(a)

The applicant requests an exemption from 91.7 (a) on the basis that this part is 

only applicable to an aircraft with an airworthiness certificate. 

91.119 (b) and (c)

The applicant requests an exemption from 91.119 (b) and (c) on the basis that the 

UA must be operated at or below 400 feet AGL for safety. The UA may be 

operated at less than 500 feet to persons, vessel, vehicle or structure when 

operated in accordance with the submitted Motion Picture and Television Flight 

Operations Manual. 

91.121

The applicant requests an exemption from 91.121 as the UA used in operation is 

not equipped with a barometric barometer.

91.151 (a)(1)

The applicant requests an exemption from 91.151 (a) as the UA is unable to meet 

the specified requirements. Flight will be terminated when at least 25% of 

specified battery life remains. 

91.405(a)

The applicant requests an exemption from 91.405(a) as this part only applies to 

aircraft with an airworthiness certificate. 

91.407(a)(1)

The applicant requests an exemption from 91.407 (a)(1) as part 43 is not 

applicable to an aircraft without an airworthiness certificate. 

91.409(a)(1) and (2)

The applicant requests an exemption from 91.409(a)(1) and (2) as Part 43 only 

applies to aircraft with an airworthiness certificate. 

91.417(a) and (b)
The applicant requests an exemption from 91.407(a) and (b) as this section only 

applies to an aircraft with an airworthiness certificate.