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 Moderniz ation 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), herb y applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of designat ed 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, wh ich are equipped with camera(s) and sensors, would provide professional services in the following areas: 1. Aerial photograph y and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial vid eo and/or photograph y for public and/or private use including television, public events, cinematograph y and newsgathering. 3. Aerial inspection/photograph y of residential/commercial structures under contract with the owners or local government authority

. 4 . Aerial inspection/photograph y 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, an d prescribed burning operations in cases of an emergency

or natural disaster onl y when the local authorities or government has requested it b y 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 conditi ons in the NAS that would be (1) is limited, (2) is predetermined, and (3) would provide safety enhancements to First Responders on the front linesJose G. Garcia  2

in our communities. Approval of this exemption would thereb y enhance safety and fulfill the FAA Administrator’s responsibilities to “...establish requirements for the safe operation of such aircraft s ys tems in the national airspace s ys tem.” 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 p etition 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 s ys tems may

operate safel y in the national airspace system (NAS) before comple tion of the rulemaking required under Section 332 o f the Reform Act. In making this determination, the Administrator must determine which ty pes of UASs do not create a hazard to users of the NAS or the publ ic 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 safel y i n the national airspace sy stem, the Secretary

shall establish requirements for the safe operation of such ai rcraft in the national airspace sy stem.” 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 regulat ory requirements for civil aircraft, a term defined under §40101 of the Act, which includes UASs. The Administrator may grant an exemption from a r equirement of a regulat ion 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 operatio ns. 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 directl y into the hands of the first responders. Real

- time vi deo streaming can show not only the extent of the damage but may also warn responders of additio nal hazards. Geo

tagged digital photographs provide an aerial record of the on

- ground situation c ompletely untouched. It is very improbable for First Responders to acquire, stay trained up on and be on the leading edg e of technology with regards to UASs due to turnover and other training requirements that take priority. I plan to operate the DJ I Phantoms and DJIInspires, flying below 400 feet above ground level and possibly

within 5 miles from an airport, but only wi th written consent from the airport’s management or otherwise permitted b y a COA issued to the exemption holder . They will o perate 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 onl y 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. Man y potential competitors of petitioner are actively fl yi ng UAS, n otwithstanding 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 quic kly to accommodate the economic and societal benefits that can result from widespread deploy ment of UAS technology . Accordingl y, p etitioner applies for authorization under the Federal Aviation Ac t and the FARs to undertake the following activities for c ommercial purposes. Unless the petition is granted, petitioner will be at a significant competitive adv antage if it, as it prefers, complies with FAA policy

. The petitioner will fly

one or more DJ I Phantom or Inspire equipped with a three

- axis gimbal and camera, small ox ygen and radiation sensors and eventuall y a thermal FLIR for better situational awarene ss 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 fl y from the operator, and to exclude them fro m class B, C, and D airspace as well an y TFR’s (Temporary Flight Restricted) areas. The vehicles also have th e built

in 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 twent y pounds. It has a top speed of about 30 knots. It has four fixed

- pitch rotors, thrust from which is v aried b y changing RPM. It is powered by a lithium poly

mer smart battery

. The petitioner will program the UAS so that it will not fly more than 400 feet above ground level. The PI C (Person in Control) will carefull y preflight the vehicle before each mission to assure that its compass and GPS system are properly calibrated and that the return

- to

- home feature, alti tude limitations work

. It will not operate in controlled airspace. In the unlikely event that a manned aircraft flies below 400 feet AGL where the p etitioner is operating its UAS , the operator will keep both the vehicle and manned aircraft in sight and av oid the manned aircraft. More particularl y, the p etitioner 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 th e public interest because: 1. The Congress of the United States has determined that earl y accommodation of UAS into the National Airspace Sy stem advances the public interest. The Committee Report leading the House to adopt H.R. 658 said: "The successful integration of unmanned aircraft sy stems (UAS) into the National Airspace Sy stem (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 p etition 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 p etition will facilitate a new era in Emer genc y Response activities, one in which the responders themselves have a tool to safel y, quickly and remotel y ass ess 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 p etitioner to demonstrate the comme rcial viability of creating new safety

techniques and tactics with new aeronautical technology , ther eby improving the efficiency of Emergency

Responders around the world and making for a safer societ y.Jose G. Garcia  5

The rules from which p etitioner seeks exemption artificially and irration all y limit the effective use of new technologies to expand Emergency Response safety and improve the efficiency of markets, thereb y 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 amendm ents adopted by the Senate. Conference Report to Accompan y H.R. 658, H.R. Rep. 112

- 381, 112th Cong., 2d Sess., at p. 1 (Feb. 1, 2012).
4 . Granting the p etition will fulfill the FAA’s own declaration that encour aging new aviation technologies advances the public interest. The FAA itself has recognized the public inter est in its role of "Encouraging and developing civil aeronautics, including new aviation technolog y. "2 Granting the p etition will enhance FAA fulfillment of that commitment, thereb y serving th e 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 introdu ction into the marketplace. The drone technology that the p etitioner uses exemplifies the latest innovati ve leap forward in aeronautical technology

. Preventing it from using this in air commerce subverts achievement of the goal.
5 . Granting the p etition will fulfill the Congressional determination that integrating UAS technology

into the NAS serves the public interest. Section 330 of the FAA Modern ization and Reform Act of 2012, specificall y recognizes the advantages to air commerce obt ainable from the deplo ym ent of UAS technologies. It mandated several steps by the FAA to accelerate the availability of these technologies in the National Airspace Sy stem, thereby representing a congressiona l determination that the public interest is served b y making these technologies more widel y available at the earliest pract icable date. The p etition represents a way for the FAA to move incrementally , while sti ll 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 publi c and the rest of the aviation community

from significant risk. The commercial activities by petitioner proposed in the p etition represent contributions to new forms of air commerce, thereb y fulfilling the F AA’s statutory mandate under the 2012 Act.
6. Granting the p etition will enhance aviation safety , thereby advancing the public interest. The p etition er has committed itself in the p etition to safety practices that reduce or eliminate hazards to aircraft i n the National Airspace Sy stem and to persons and property on the ground. Many others are fl yi ng UAS without regard to these hazards. Granting the p etition wil l offer the p etitioner up as an example of how the FAA is willing to accommodate the new techn olo gy

when it is constrained by appropriate limitations to enhance safety . It will also allow the p etitio ner to be a role model for safe commercial UAS operations. Users of the National Airspace S ys tem are confronted by mushrooming threats from UAS flown in defiance of the FAA’s ban. Unless the FAA shows some flexibility to accommodate lawfulJose G. Garcia  6

and safe operation of UAS for legitimate commercial purposes, the level of defia nce will increase, intensifying the hazards to manned aircraft and to persons and property on the ground. The p etitioner's proposed operations satisfy the criteria provided i n Section 333 of the Reform Act relating to size, weight, speed, operating capabilities, proximity to a irports and populated areas and operation within visual line of sight, and national security. The p etition justifies grant of the requested exemptions to allow the p etitioner to engage in Emergency Response procedures using small Drones.

_____________________________________________ 2 FAA, Safety: The Foundation of Every thing We Do, http://www.faa.gov/about/safety _efficiency

/

. Respectfully

submitted,

Jose G. GarciaJose 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 operat or 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 manualJose 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