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 W12-140 

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 21, 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- 2014-0481, I also have included:

1. Supplemental Response for Petition 

2. PHANTOM 3 Safety Guidelines, 

3. PHANTOM 3, Quick Start Manual vl.O, 

4. PHANTOM 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 member 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 motors 
powered 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 predetermined 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 individual 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: Airworthiness 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 certain 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 

inspections may be required and should be granted since they only apply 

to aircraft with an airworthiness certificate. But, as a safety precaution I will 
perform 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. While 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 Action.

If granted an exemption I agree to additional safety procedures including, 

but not limited to:

1) Keeping my UAS within 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 control. 

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 other 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 “aerial 

photography, videography, 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 who 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 general aviation and holds an airman certificate, PRIVATE 

PILOT, SEL, as well as a current third class medical certificate. 

Respectively Submitted,

Gregory D Garcia

Enclosures