September 3, 2015

Gregory D Garcia 10077 Cristo Dr Sacramento, CA 95829 Ggarcia1953 @gmail.com ( PH) 916

- 747

-0290 (FAX) 916

-667

- 3739 September 3, 2015 Docket Operations, M

-30: U.S Department of Transportation (DOT) 1200 New Jersey Ave SE, Rm W1 2

- 140 West Building Ground Floor Washington, DC 20590 Subject: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 2 1, 45.27(a), 45.29 (3) (c) (d) (e) (f) (g) (h), 61.113 (a) & (b), 91.103, 91.119, 91.121, 91.203, 91.151 Following the format of FAA Exemption No. 11138

- Regulatory Docket No. FAA

- 2014

- 048 1, I also have included:
1. Supplemental Response for Petition 2. PHANTOM 3 Safety Guidelines, 3. PHANTOM 3, Quick Start Manual vl.O, 4. PHANT OM 3 Advance User Manual 5. Personal protocols and controls

- Safety/Flight concerns
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, I, Gregory D Garcia , am a retired Crime & Intelligence Analyst for the Sacramento County Sheriff’s Department of 25 years.I am preparing this exemption request myself and would like to apply for an exemption from the following Code of Federal Regulations (C.F.R ) to be allowed commercial operation of lightweight Unmanned Aircraft Systems ( UAS) for aerial imaging and video of Central California homes listed for sale by Realtors

. I have been a private pilot for 12 years and own a Cessna 182J. I have experience in flying hobby quads

- copters for recreational purposes during the past 5 years without incident also I'm a participating membe r of the AOPA (Aircraft Owners & Pilots Association ). I have added a hobby grade DJI Phantom 3 Advanced quad

- copter ( maximum gross weight 2.82 pounds, equipped with four rotors that are driven by electric motorspowered by batteries, the UAS has a maximum airspeed of 31.10 knots) to

my inventory equipped with a DJI HD1080p camera with intent for aerial videography/cinematography to enhance academic community awareness and augment real estate listing videos; following an exemption and approval by the FAA. My exemption request would permit operation of ultra

- light weight, unmanned (piloted by remote control) in predetermin ed areas away from general public, airports, heliports and vehicular traffic, under 400ft. and after carefully reviewing, inspecting and examining the area of aerial observation. This would allow for community videos and within property boundaries for indi vidual homeowner real estate listing videos/photos. I will abide all FAA requirements to ensure this exemption will provide a level 

### of safety at least equal to existing rules and will only operate in a safe environment that is strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; and I will conduct extensive preflight inspections and protocols, during which safety carries primary importance.
**14 C.F.R. Part 21, Subpart H: A** **irw orthiness Certificates**  **14 CFR**  **§ 91.203**  Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized, I am asking exemption from 14CFRpart21, Subpart H (Airworthiness Certificates) and§91.203 (a) and (b) (Certifications required), subject to certa in conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under14CFRpart 11 and Section 333 of P.L. 112

- 95 (Section 333).
**14 C.F.R. 45.27(a): Location**  **of marks; non fixed**  **- wing aircraft. 14 C.F.R.**  **45.29 (3)** (c ) **(d) (e)(f)(h): Size of**  **Marks** Furthermore I request an exemption from §45.23 Marking of the aircraft because my UAS will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Additionally two

- inch lettering is difficult 

### to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. I understand the need for markings and will mark my UAS in the largest possible lettering by placing the word "Experimental" or assigned number or name (based on a request or ruling by the FAA ) on its fuselage as required by §45.29(f) so that anyone assisting him as a spotter will see the markings. I also ask for an exemption from §§91.405{a),91.407(a)(1), 91.409(a)(2) and 91.417(a) and(b) Maintenance inspectio ns may be required and should be granted since they only apply to aircraft with an airworthiness certificate. But, as a safety precaution I willperform a preflight inspection of my UAS before each flight as outlined in

his operating documents.
**14 CFR 61. 113 (a)**  

### & **(b): Private pilot privileges and limitations: Pilot in command.**  Under §61.113 (a) and(b) private pilots are limited to non

- commercial operations, however I can achieve an equivalent level 

### of safety as achieved by current regulations because my UAS does not carry any pilots or passengers. W hile helpful, a pilots' license will not ensure remote control piloting skills. The risks of operating a UAS are far less than the risk levels inherent in the commercial activities outlined in 14 CFR part61,et seq., I requests an exemption from §61.113 Private Pilot Privileges and Limitations. **14 C.F.R. 91.103 (b) (1}, (b)(2}: Preflight A ction.**  If granted an exemption I agree to additional safety procedures including, but not limited to: 1) Keeping my UAS withi n a radius distance of 1000 feet from the controller to both aid in direct line of sight visual observation. 2) Operate the UAS for 3

- 7 minutes per flight; land my UAS according to the manufacturer's recommended minimum level of battery power. 3) Operate my UAS only within visual line of sight (VLOS). 4) Use the UAS global positioning system and Global Navigation Satellite System and Vison Positioning System (GPS/GLONASS) flight safety feature; it hovers and then slowly lands if communication with the remote co ntrol. 5) Conduct all operations under my own personal and flight safety protocols (including posting a warning sign reading: "Attention Aerial Photography in Progress

- Remain Back Min 150 feet"). 6) I will operate and will actively analyze flight data and ot her sources of information to constantly update and enhance my safety protocols. 7) Contact respective airports if operations will be within 5 miles to advise them of his estimated flight time, flight duration, elevation of flight and other pertinent information. 8) Always obtain all necessary permissions prior to operation. 9) Have procedures in place to abort flights in the event of safety breaches or potential danger.**Public interest**

Aerial videography for geographical awareness of real estate marketing has been around for a long time through manned fixed winged aircraft and helicopters, but for small business, its expense has been cost

- prohibitive. Granting this exemption would allow me to provide this service at a much lower cost. Further, my small UAS, when used properly, will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. The operation of his UAS will minimize ecological damage and promote economic growth by providing information to companies looking to relocate or new build in the Central California areas. **Conclusion** The petitioner is requesting this exemption for the purposes of “aeri al photography, videog raphy, mapping, crop surveying, inspections and other flight operations”. The reason for such a general and broad based request is that the petitioner wishes to utilize a business strategy of horizontal integration and maximize economies of scope in order to capitalize on opportunities as they may arise in the future without the long turnaround time associated with additional exemptions. The petitioner's business model is based on the idea of offering ad hoc small UAS services to individuals or companies wh o wish to employ these services as a safe, effective, and legal option to enhance their business or hobby. A quick internet search will show that many are currently operating similar UAS in exactly this fashion without, it is assumed, FAA authorization. The petitioner has refrained from engaging in commercial use of the UAS. The primary purpose of seeking this exemption is to obtain the capability to offer those services while remaining in compliance. The petitioner has 5 years of experience in the radio control model aircraft hobby, 12 years experience in ge neral aviation and holds an airman cert ificate, PRIVATE PILOT, SEL, as well as a current third class medical certificate.

Respectively Submitted,

Gregory D Garcia
Enclosures