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 Transpor tation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

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

- 3 34 of the

FAA Reform Act

Attn: To whom it may conce rn

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 tec hnology. 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 i n 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 of f. 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 manne d 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 verti cal 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 h undred 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 re commend 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 clock ed 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 int o 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 vi deography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For smallbudget real estate companies and average homeowners the expense of such aerial videography is c ost 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 throu gh 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 po se 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 create s 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 publ ic.

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 furthe rs 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

th rough 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 inno vation 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 permi ssible 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 batterypower;I pilot my UAS through remote control only by line of sight;M y 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 op erate 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 a lways 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

helic opters 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 maneuverabilit y 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 tech nology 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 F ederal 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 authorize d 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 co nsideration 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 theelements.

14 C.F.R. 91.7(a) prohibits the operation of an aircra ft 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 ex emptions 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 reason s 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, two

inch 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: Priva te 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 operat ion of civil aircraft. It allows helicopters to be operated at lower altitudesin 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

achiev ed.

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 exe mption 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 in applicable. 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. §§ 9 1.417 (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 se eking 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 aircra ft 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

e stablish 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, operatio n 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

re quest 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 St one Oak Parkway Suite 300 San Antonio, Texas 78258