Coldwell Banker D'Ann Harper, REALTORS®

Lupe Robles

Photographer/Videographer

18756 Stone Oak Parkway

San Antonio, TX 78258

Date: July 1, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Petition of Lupe Robles, for Exemption Pursuant to Section 331-334 of the

FAA Reform Act

Attn: To whom it may concern

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Lupe 

Robles Requests Exemption are: 

14 CFR 21;14 C.F.R. 45.23(b);14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.;14 CFR 

407 (a) (1);14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). 

III. The Extent of relief Lupe Robles seeks and the Reason He Seeks Such Relief: 

I, Lupe Robles, submit this application in accordance with the Reform Act, 112 P.L. 95 

§§ 331-334, seeking relief from any currently applicable FARs operating to prevent me, 

Lupe Robles, contemplated commercial cinematic, academic and other flight operations 

within the national airspace system. The Reform Act in Section 332 provides for such 

integration of civil unmanned aircraft systems into our national airspace system as it is 

in the public’s interest to do so. My, Lupe Robles’s, ultra light weight UAS meets the 

definition of “small unmanned aircraft” as defined in Section 331 and therefore the 

integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I 

would like to operate my ultra light weight UAS prior to the time period by which the 

Reform Act requires the FAA to promulgate rules governing such craft. Thereby, 

providing direct experience and valuable information for formal regulation that can be 

administered uniformly to all real estate related UAS aerial video and photography. The 

Reform Act guides the Secretary in determining the types of UAS's that may operate 

safely in our national airspace system. Considerations include: The weight, size, speed 

and overall capabilities of the UAS's; Whether the UAS will be operated near airports or 

heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 

P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, 

Lupe Robles. My UAS utilizes four (4) counter-rotating propellers for balance, control 

and stability. My UAS is equipped with GPS and auto return safety technology. 

Weighing less than five (5) pounds (far below the maximum 55 pound limit); including 

camera with gimbal. 
I, Lupe Robles, considers safety as foremost with each flight. My small unmanned 

aircraft is designed to hover in place via GPS and operate in less than a 24 knot (15 

mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 

16 kph (10 mph). Built in safety systems include a GPS mode that allows my UAS to 

hover in place when radio controls are released. With three modes to choose from, I 

utilize the Smart Mode

5 

for aerial videography/photography. This is the safest, most 

reliable and stable mode to prevent accident and hazard. When pilot communication is 

lost UAS is designed slowly descend to point of take off. I do not operate my UAS near 

airports, Hospitals nor Police heliports, and do not operate near areas where general 

public is within fifty to one hundred (50-100) yards depending on location, conditions 

and weather. I am constantly on alert for any manned aircraft (Police/Medical 

helicopters, etc.) and prepared to land/abort immediately to the nearest and safest 

ground point should a manned aircraft approach my location or I suspect manned 

aircraft may approach near my location. My UAS is capable of vertical and horizontal 

operations, and are flown only within my line of sight of me, as the remote control pilot. 

Utilizing battery power rather than combustible fuels, flights generally last between three 

(3) to seven (7) minutes, with an altitude under one hundred fifty (150) feet. I, Lupe 

Robles, utilize a fresh fully charged battery with each flight as a safety precaution; full 

flight time limit for each battery is nine (9) to twelve (12) minutes as tested. I do not 

operate my UAS at or below manufacture recommend minimum charge levels for 

operation; preferring to remain 

well within a safe operating range to insure adequate communication between radio 

control and UAS to eliminate potential for crash, loss of control or hazard. Reserve 

batteries are at hand with each exercise to insure replacement for sufficient safe level of 

operation. I do not believe in taking risk that may cause a crash, that could create 

hazard to the public/property/manned aircraft, and have no desire to lose an investment. 

I have clocked numerous practice flights in remote areas as a hobbyist simulating flights 

for future commercial use to gain familiarization with the characteristics of this specific 

UAS's performance under different temperature and weather conditions. I also practice 

computerized simulated flights to maintain adequate skills and response reflex time. All 

for the sake of safety. 

I, Lupe Robles, am extremely cautious when operating of my UAS/ultra light weight 

unmanned aircraft and will not “create a hazard to users of the national airspace system 

or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls 

well within Congress’s contemplated safety zone when it promulgated the Reform Act 

and the corresponding directive to integrate UAS's into the national airspace system. 

Lupe Robles’s UAS, used in hobby flight, has a demonstrable safety record and does 

not pose any threat to the general public or national security. 

IV. How Lupe Robles’s Request Will Benefit the Public As A Whole: 

Aerial videography for geographical awareness and for real estate marketing has been 

around for a long time through manned fixed wing aircraft and helicopters. For small 
budget real estate companies and average homeowners the expense of such aerial 

videography is cost prohibitive. Only large companies and high end Realtors or luxury 

homeowners can afford to absorb such expense. Depriving non-luxury homeowners 

and lower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat 

to the public through potential catastrophic crash that the East Texas community. Each 

resulting in loss of life. Each with combustible fuel that exploded and burned on impact. 

Police helicopters have made emergency hard landings within city limits. My, Lupe 

Robles’s, UAS pose no such threat since size and lack of combustible fuel alleviates 

any potential threat to the public. 

Congress has already proclaimed that it is in the public’s interest to integrate 

commercially flown UAS's into the national airspace system, hence the passing of the 

Reform Act. Granting my, Lupe Robles’s, exemption request furthers the public interest 

through academic/visual awareness of the geographical benefits in and around the East 

Texas area. My ultra light weight UAS is battery powered and creates no emissions that 

can harm the environment. The consequence of my ultra light weight UAS crashing is 

far less than a full size helicopter or fixed wing aircraft; which are heavy, contain 

combustible fuel and can cause catastrophic devastation to the public. 

The public’s interest is furthered by minimizing ecological and crash threat by permitting 

aerial video/photo capture through my battery operated ultra light weight UAS's. 

Permitting me, Lupe Robles, to immediately fly within national air space furthers 

economic growth. Granting my exemption request substantially furthers the economic 

impact for the East Texas community for companies looking to relocate or build in the 

East Texas area as well as individuals looking to relocate for career advancement 

through academic and geographical awareness. Both of which serve as a stimulus to 

the community. 

V. Reasons Why Lupe Robles’s Exemption Will Not Adversely Affect Safety Or How The 

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

My, Lupe Robles’s, exemption will not adversely affect safety. Quite the contrary, for the 

reasons stated permitting me, Lupe Robles, to log more flight time in FAA controlled 

airspace, with communication with the FAA, will allow me to contribute to the innovation 

and implementation of new and novel, as of yet undiscovered safety protocols for 

Realtors that can be embraced by the NAR, AAR, and TAR for development in 

cooperation with the FAA. In addition I, Lupe Robles, submit the following 

representations of enhancements to current aerial videography and photography for real 

estate: 

My UAS weighs less than 5 pounds complete with a small ultra light weight high quality 

GoPro 3+ Black camera;I only 

operate my UAS below 200 feet

9 

(well within the 400 foot permissible ceiling set by the 

FAA Modernization and Reform Act of 2012); my UAS only operate for 3-7 minutes per 

flight;I land my UAS prior to manufacturer recommended minimum level of battery 
power;I pilot my UAS through remote control only by line of sight;My UAS has GPS a 

flight safety feature whereby it hovers and then slowly lands if communication with the 

remote control pilot is lost;I actively analyze flight data and other sources of information 

to constantly update and enhance safety protocols;I only operate in reasonably safe 

environment that are strictly controlled, are away from power lines, elevated lights, 

airports and actively populated areas;I conduct extensive pre-flight inspections and 

protocol, during which safety carries primary importance;I always obtains all necessary 

permissions prior to operation; and,I have 

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

My, Lupe Robles’s, safety protocols provide a level of safety equal to or exceeding 

existing rules. It is important to note that absent the integration of commercial UAS into 

our national airspace system, helicopters are the primary means of aerial video and 

photography for community awareness and real estate. While the safety record of such 

helicopters is remarkably astounding, there has been local incident involving loss of life 

as well as extensive property damage; 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 I only operates my 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 my UAS allow me 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, my UAS need not be so close to 

the objects they are focused on through the technology and use of post editing software 

allowing pan and zoom. 

Accordingly, my UAS has been experimentally operated for familiarization/competency 

and will continue to operate at and above current safety levels. 

VI. A Summary The FAA May Publish in the Federal Register: 

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). 

The size, weight and enclosed operational area of my, Lupe Robles’s, UAS permits 

exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of 

safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt 

aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 

44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA 

to exempt UAS's from the airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. My, Lupe Robles, current and projected UAS's meet or exceed each of the 
elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. 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 a safety/flight 

manual delineating areas of where safety can be defined. 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. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The 

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

certifications and registrations by me, Lupe Robles. 

14 C.F.R. § 45.23: Marking of The Aircraft. 

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

certain specifications. My UAS are, by definition, unmanned. They therefore do not have 

a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, twoinch lettering is difficult to place on such small aircraft with dimensions smaller that 

minimal lettering requirement. Regardless, I will mark its UASs in the largest possible 

lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 

C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me 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: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. I, Lupe Robles, can achieve an equivalent level of safety as achieved by 

current Regulations because my UAS does not carry any pilots or passengers. Further, 

while helpful, a pilot license will not ensure remote control piloting skills. The risks 

attended to the operation of my UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Lupe 

Robles, to operate my UAS meet and exceed current safety levels in relation to 14 

C.F.R. §61.113 (a) & (b). 

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

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes 
in certain conditions. My UAS will never operate at an altitude greater than 200 AGL; 

safely below the standard of 400 AGL. I, Lupe Robles, will however operate my UAS in 

safe areas away from public and traffic, providing a level of safety at least equivalent to 

or below those in relation to minimum safe altitudes. Given the size, weight, 

maneuverability and speed of my UAS, an equivalent or higher level of safety will be 

achieved. 

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

The above-cited Regulations require, amongst other things, aircraft owners and 

operators to “have [the] 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. . . .” 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to my, Lupe Robles, UAS. However, as a safety precaution I inspect my 

UAS before and after each flight. 

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 

C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, 

entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and 

enclosed operational area of my UAS permits exemption from Part 21 because my, 

Lupe Robles’s, UAS meets an equivalent level of safety pursuant to Section 333 of the 

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform 

Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness 

certificate requirement in 

consideration of the weight, size, speed, maneuverability and proximity to areas such as 

airports and dense populations. My UAS meets or exceeds each of the elements. 14 

C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in 

the aircraft. As there are no 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 

a manual. The FAA has previously issued exemptions to this regulation in Exemption 

Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that 

involves regular software updates and curative measures for any damaged hardware. 

Therefore, an equivalent level of safety will be achieved. 

In summary, Lupe Robles 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. § 91.103(b); 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 my, Lupe 

Robles, small unmanned vehicle/lightweight unmanned aircraft vehicle in community 

awareness and real estate operations, and to develop economic platforms for real 

estate to enhance the experience of those seeking to relocate to the San Antonio and 

hill country area. Currently, area awareness and real estate aerial 

videography/photography relies primarily on the use of larger aircraft running on 

combustible fuel. Posing potential risk to 

the public. Granting my, Lupe Robles, request for exemption will reduce current risk 

levels and thereby enhance safety. My UAS craft do not contain potentially explosive 

fuel, is smaller, lighter and more maneuverable than conventional real estate video and 

photographic aircraft with much less flight time. Further, I operate at lower altitudes and 

in controlled airspace eliminating potential public risk flying to and from established air 

fields. I, Lupe Robles, have been informally analyzing flight information and will compile 

safety protocols and the implementation of a flight operations manual for real estate 

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 my, Lupe Robles, UAS and therefore the likelihood of 

death or serious bodily injury is significantly diminished. My, Lupe Robles’s, operation of 

my UAS, weighing less than 5 pounds and travelling at lower speeds within limited 

areas will provide an equivalent level of safety as that achieved under current FARs. 

Accordingly I, Lupe Robles, respectfully request that the FAA grant my exemption 

request and am willing to cooperate in sharing information to benefit the FAA, safety of 

manned aircraft, and the general public at large. 

Respectfully Submitted, 

Lupe Robles, Photographer and Videographer

Coldwell Banker D'Ann Harper, REALTORS® 

18756 Stone Oak Parkway Suite 300

San Antonio, Texas 78258