August 5, 2015

Jose G. Garcia

4521 W. Brown St.

Pasco, WA 99301

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from certain parts of the FARs.

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Jose G. Garcia, operator of an Unmanned Aircraft System (UAV), herby 

applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow 

commercial operation of designated UAS, provided such operations are conducted within and 

under the condition outlined herein or as may be established by the FAA as required by Sections 

333.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and 

sensors, would 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, engineering 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 power lines, wind turbines and cell towers.

5. Aerial video/photography or providing live video feed to assist with disaster recovery, 

search and rescue, firefighting, and prescribed burning 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 private and/or public 

organizations to increase awareness and improve safety for current and future UAS 

operations within the NAS.

The requested exemption would permit the operation of designated UAS as set forth in this 

document under controlled conditions in the NAS that would be (1) is limited, (2) is 

predetermined, and (3) would provide safety enhancements to First Responders on the front lines 
Jose G. Garcia  2

in our communities. Approval of this exemption would thereby enhance safety and fulfill the 

FAA Administrator’s responsibilities to “...establish requirements for the safe operation of such 

aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. § 45.23(b)

14 CFR § 61.3

14 C.F.R. § 91.7 (a)

14 CFR § 91.9 (b) (2)

14 C.F.R. § 91.103

14 C.F.R. § 91.109

14 C.F. R. § 91.119

14 C.F.R. § 91.121

14 CFR § 91.151 (a)

14 CFR § 91.203 (a) & (b)

14 CFR § 91.205(b)

14 CFR § 91.215

14 CFR § 91.405 (a)

14 CFR § 407 (a) (1)

14 CFR § 409 (a) (2)

14 CFR § 417 (a) & (b) 3

Appendix 1 describes the FARs from which an exemption is requested and summarizes the 

justification for each requested exemption.

The petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the 

Reform Act, which directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in the national airspace system (NAS) before completion of 

the rulemaking required under Section 332 of the Reform Act. In making this determination, the 

Administrator must determine which types of UASs do not create a hazard to users of the NAS 

or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a).

If the Administrator determines that such vehicles “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system.” Id. § 333(c).

The Secretary has delegated his aviation authority to the Administrator of the FAA.
Jose G. Garcia  3

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions from its 

regulatory requirements for civil aircraft, a term defined under §40101 of the Act, which includes 

UASs. The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of the Federal Aviation 

Act if Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f) See also 49 

USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1).

The petitioner plans to start up an LLC. The petitioner has over 15 years of both practical and 

academic training and experience in all hazards emergency management, law enforcement, fire 

rescue, and wildland fire operations.

The plan is to use small drones for SAR (Search & Rescue), Hazmat/CBRN Management and 

Emergency & Disaster Response. When responding to an emergency, one of the priorities is to 

understand how the most critical areas are affected and where they are situated – before putting 

any more human lives in danger. The unmanned Drone platform puts the power of aerial

intelligence directly into the hands of the first responders. Real-time video streaming can show 

not only the extent of the damage but may also warn responders of additional hazards. Geotagged digital photographs provide an aerial record of the on-ground situation completely

untouched. It is very improbable for First Responders to acquire, stay trained up on and be on the 

leading edge of technology with regards to UASs due to turnover and other training requirements 

that take priority.

I plan to operate the DJI Phantoms and DJI Inspires, flying below 400 feet above ground level 

and possibly within 5 miles from an airport, but only with written consent from the airport’s 

management or otherwise permitted by a COA issued to the exemption holder. They will operate 

only within the line of sight of the operator and will only operate in populated areas for life and 

safety reasons and under the control of the on-scene Incident Commander. Flights will be only 

conducted in permissible weather. Prior to operating the drones all pre-flight checks will be 

conducted as per the manufacturer recommendations. Safety will be the paramount concern in 

defining flight profiles.

I am aware that operate a UAS for profit business is only permissible if it obtains special 

permission from the FAA. Many potential competitors of petitioner are actively flying UAS, 

notwithstanding the FAA’s stated prohibition. Petitioner also notes and has read the 

congressional mandate in sections 332 and 333 of the FAA Revitalization and Reform Act of 

2012 that the FAA move quickly to accommodate the economic and societal benefits that can 

result from widespread deployment of UAS technology. Accordingly, petitioner applies for 

authorization under the Federal Aviation Act and the FARs to undertake the following activities 

for commercial purposes. Unless the petition is granted, petitioner will be at a significant 

competitive advantage if it, as it prefers, complies with FAA policy.

The petitioner will fly one or more DJI Phantom or Inspire equipped with a three-axis gimbal 

and camera, small oxygen and radiation sensors and eventually a thermal FLIR for better 

situational awareness during SAR and Wild land Fire mapping missions.
Jose G. Garcia  4

These vehicles have the built in capability to limit the height they fly above the ground, to limit 

the radius of the distance they fly from the operator, and to exclude them from class B, C, and D 

airspace as well any TFR’s (Temporary Flight Restricted) areas. The vehicles also have the builtin capability to return to the launching point if the wireless control link is interrupted or if the 

operator attempts to exceed any of the height, radius, or airspace limitations programmed into 

them.

The vehicle weighs about five pounds and has a maximum gross weight of approximately twenty 

pounds. It has a top speed of about 30 knots. It has four fixed-pitch rotors, thrust from which is 

varied by changing RPM. It is powered by a lithium polymer smart battery.

The petitioner will program the UAS so that it will not fly more than 400 feet above ground 

level. The PIC (Person in Control) will carefully preflight the vehicle before each mission to 

assure that its compass and GPS system are properly calibrated and that the return-to-home 

feature, altitude limitations work.

It will not operate in controlled airspace. In the unlikely event that a manned aircraft flies below 

400 feet AGL where the petitioner is operating its UAS, the operator will keep both the vehicle 

and manned aircraft in sight and avoid the manned aircraft.

More particularly, the petitioner will fly the UAS only over the hazard areas that are in control of 

an on-scene Incident Commander, most likely being a Fire Chief, SAR rep or Police rep, etc.

Granting the petition would be in the public interest because:

1. The Congress of the United States has determined that early accommodation of UAS into the

National Airspace System advances the public interest. The Committee Report leading the House 

to adopt H.R. 658 said:

"The successful integration of unmanned aircraft systems (UAS) into the National Airspace 

System (NAS) can support more than 23,000 high-paying jobs in the United States. . . . The 

absence of a plan to integrate UASs into the NAS is a barrier to such job creation . . . ."

1. Granting the petition represents a step toward such integration, in the absence of a 

comprehensive regulatory regime for UAS, and thus would serve the Congressional goal and 

the public interest.

2. Granting the petition will facilitate a new era in Emergency Response activities, one in which 

the responders themselves have a tool to safely, quickly and remotely assess a situation 

without placing lives in harm’s way. In comparison, the EOD robots have saved countless

lives since their inception, a feat that will become common place for aerial assessments.

3. Granting the petition will enable petitioner to demonstrate the commercial viability of creating 

new safety techniques and tactics with new aeronautical technology, thereby improving the 

efficiency of Emergency Responders around the world and making for a safer society.
Jose G. Garcia  5

The rules from which petitioner seeks exemption artificially and irrationally limit the effective 

use of new technologies to expand Emergency Response safety and improve the efficiency of 

markets, thereby subverting the public interest.

1. H. R. Rep. 112-29 on H.R. 658, 112th Cong., 1st Sess. at 116. The House-Senate Conference 

Committee on the FAA Modernization and

Reform Act of 2012 recommended amendments to H.R. 658 in lieu of amendments adopted by

the Senate. Conference Report to Accompany

H.R. 658, H.R. Rep. 112-381, 112th Cong., 2d Sess., at p. 1 (Feb. 1, 2012). 

4. Granting the petition will fulfill the FAA’s own declaration that encouraging new aviation 

technologies advances the public interest. The FAA itself has recognized the public interest in 

its role of "Encouraging and developing civil aeronautics, including new aviation 

technology."2 Granting the petition will enhance FAA fulfillment of that commitment, 

thereby serving the public interest. Air commerce flourishes in the United States because of 

the rapid pace of innovation in aeronautical and associated technologies, followed by their 

commercialization and their introduction into the marketplace. The drone technology that the 

petitioner uses exemplifies the latest innovative leap forward in aeronautical technology. 

Preventing it from using this in air commerce subverts achievement of the goal.

5. Granting the petition will fulfill the Congressional determination that integrating UAS 

technology into the NAS serves the public interest. Section 330 of the FAA Modernization 

and Reform Act of 2012, specifically recognizes the advantages to air commerce obtainable 

from the deployment of UAS technologies. It mandated several steps by the FAA to accelerate 

the availability of these technologies in the National Airspace System, thereby representing a 

congressional determination that the public interest is served by making these technologies 

more widely available at the earliest practicable date. The petition represents a way for the 

FAA to move incrementally, while still satisfying its congressional mandate and meeting its 

obligation to enhance the public interest by making new technologies available by allowing 

the use of UAS technologies in a manner that protects the public and the rest of the aviation 

community from significant risk.

The commercial activities by petitioner proposed in the petition represent contributions to new 

forms of air commerce, thereby fulfilling the FAA’s statutory mandate under the 2012 Act.

6. Granting the petition will enhance aviation safety, thereby advancing the public interest. The

petitioner has committed itself in the petition to safety practices that reduce or eliminate 

hazards to aircraft in the National Airspace System and to persons and property on the ground. 

Many others are flying UAS without regard to these hazards. Granting the petition will offer 

the petitioner up as an example of how the FAA is willing to accommodate the new 

technology when it is constrained by appropriate limitations to enhance safety. It will also 

allow the petitioner to be a role model for safe commercial UAS operations.

Users of the National Airspace System are confronted by mushrooming threats from UAS flown 

in defiance of the FAA’s ban. Unless the FAA shows some flexibility to accommodate lawful 
Jose G. Garcia  6

and safe operation of UAS for legitimate commercial purposes, the level of defiance will 

increase, intensifying the hazards to manned aircraft and to persons and property on the ground.

The petitioner's proposed operations satisfy the criteria provided in Section 333 of the Reform 

Act relating to size, weight, speed, operating capabilities, proximity to airports and populated 

areas and operation within visual line of sight, and national security. The petition justifies grant 

of the requested exemptions to allow the petitioner to engage in Emergency Response procedures 

using small Drones.

_____________________________________________

2 FAA, Safety: The Foundation of Everything We Do,

http://www.faa.gov/about/safety_efficiency/.

Respectfully submitted,

Jose G. Garcia
Jose G. Garcia  7

Appendix 1

FAR section Subject Justification

14 CFR § 45.23(b) Requirement to display

registration number on 

vehicle

Insufficient space on vehicle

14 CFR Part 21 Aircraft certification

requirements and procedures

Designed for manned aircraft;

not suitable for off-the-shelf

UAS

14 CFR § 61.3 Requirement for pilot

certificate

Part 61 requirements 

designed for manned aircraft, 

not UAS; petition describes 

training for UAS operator

14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft;

not suitable for off-the-shelf

UAS

14 CFR § 91.9 (b) (2) Requirement for manual to be 

available in the cockpit

No one aboard to read manual

14 CFR § 91.103(b) Requirement for crew

members to be onboard

Unmanned vehicle

14 CFR § 91.109 Requirement for dual controls

during flight instruction

No one aboard to operate

controls

14 CFR § 91.119 Minimum altitudes for safe

flight

Safety requires operation

below these altitudes

14 CFR § 91.121 Altimeter settings No one aboard to read

altimeter

14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel

14 CFR § 91.203 (a) & (b) Requirement for registration

and airworthiness certificates

to be onboard

No one aboard to read

certificates

14 CFR § 91.205(b) Cockpit instruments No one aboard to read

14 CFR § 45.23(b) Requirement to display

registration number on 

vehicle

Insufficient space on vehicle

14 CFR Part 21 Aircraft certification

requirements and procedures

Designed for manned aircraft;

not suitable for off-the-shelf

UAS

14 CFR § 61.3 Requirement for pilot

certificate

Part 61 requirements 

designed for manned aircraft, 

not U; petition describes 

training for UAS operator

14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft;

not suitable for off-the-shelf

UAS

14 CFR § 91.9 (b) (2) Requirement for manual to be No one aboard to read manual
Jose G. Garcia  8

available in the cockpit

14 CFR § 91.103(b) Requirement for crew

members to be onboard

Unmanned vehicle

14 CFR § 91.109 Requirement for dual controls

during flight instruction

No one aboard to operate

controls

14 CFR § 91.119 Minimum altitudes for 

safe

flight

Safety requires operation

below these altitudes

14 CFR § 91.121 Altimeter settings No one aboard to read

altimeter

14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel

14 CFR § 91.203 (a) & (b) Requirement for 

registration

and airworthiness certificates

to be onboard

No one aboard to read

certificates

14 CFR § 91.205(b) Cockpit instruments No one aboard to read