To:	U.S.	Department	of	Transportation

								Docket	Operations	West	Building	Ground	Floor

								Room	W12-140

								1200	New	Jersey	Ave,	SE

									Washington,	DC	20590

From:	Garrett	Jaimerson	Lee	Escue

													1710	W	Erie	C101

													Springfield,	MO	65807

													Cell:	(417)	631-8543

Regarding:	FAA	Exemption	Rulemaking	Section	333	of	the	FAA	Reform	Act	and	Part	

11- 14	C.F.R.	§	45.23(b);	14	C.F.R.	Part	21;	14	C.F.R.	61.113(a)	&	(b);	91.7(a);	91.9(b)	

(2);	91.103(b);	91.109;	119.121;	91.151(a);	91.203(a)	&	(b)	91.405(a);	91.407(a)	

(1);	91.409(a)	(2);	91.417(a)	&	(b)	

I	Garrett	Jaimerson	Escue,	am	seeking	Section	333	exemption	to	commercially	

operate	a	consumer	(UAS)	DJI	Phantom	3	Quad	Copter	in	the	united	states	for	

Photography	and	Videography	commercial	and	Residential	use.	I	have	been	

operating	UAS/RC	aircrafts	for	10	years	as	a	hobby	and	been	doing	video	

production	and	Photography	just	as	long	and	I	feel	with	the	advancements	in	

technology	and	the	growing	need	of	higher	production value,	it	will	help	my	

business	grow	and	stand	out	from	others	in	the	local	area.

A	grant	of	my	exemption	request,	by	the	FAA,	would	permit	operation	of	small	

lightweight	UAS	to	operate	in	predetermined	areas	away	from	the	general	public,	

airports,	heliports	and	vehicular	traffic,	primarily	over	individual	

properties/communities	for	the	purpose	of recording	real-estate	listings,	

advertisements,	music	videos	and	PSA	(photo/video).	

All	flights	shall	be	logged	and	recorded	to	minimally	include	the	date	and	time	of	

flight,	name	of	pilot, address	or	location	of	flight,	duration	of	flight.	A	copy	of	the	

images	shall	also	be	retained	for	a	minimum	of	12	months	from	the	date	of	flight.	

In	accordance	with	this	request	of	exemption	request	as	authorized	and	outlined	by	

the	FAA	under	Section	333(c)	of	the	Reform	Act	specified	for	use	of	UAS’	for	“Real	

Estate and	Advertisements	”	purposes,	I	Garrett	J.	Escue	will	adhere	to	all	FAA	

regulations	at	all	times	and	shall	conduct	all	flight	operations	in	strict	compliance	

and	safety	protocols	as	mandated	and	required	by	regulations	and	best	practices.	

Respectfully,	I	request	the	grant	of	exemption	to	operate	ultra	light	weight,	remote	

controlled	UAS’s	for	commercial	purposes	as	described	in	this	request	and	as	

allowable	by	law.	This	grant	of	exemption	will	allow	me	to	offer	such	services	to	

private	entities,	realtors	and	individual	who	have	little	to	no	experience	piloting	

UAS’s	but	have	a	need	to	market	their	property	or	product	in	order	to	compete	
within	a demanding	technology	driven	market.	I	submit	that	myself	and	not	an	

attorney	using	personal	knowledge	have	prepared	this	application.	I	would	like	to	

show	that	I	am	a	professional	and	responsible	operator	and	set	the	future	what	

(UAS)	operators	should	be	like.

I. The	Specific	section(s)	of	14	C.F.R.	I	seek	an	exemption	from	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).	

I. The	extent	and	reason	of	relief	I	seek:	

I,	Garrett	Jaimerson	Escue,	am	seeking	relief	from	existing	FARs	that	currently	

prohibit	my	use	of	UASs	from	operating	commercially	for	the	purpose	of	aerial	

photography/videography	in	accordance	with	the	FAA	Modernization	and	Reform	

Act	of	2012	112	P.L.	95	§	331-334.	The	Reform	Act	Subtitle	B:	Unmanned	Aircraft	

Systems	– (Sec.	332)	“Requires	the	Secretary	to	develop	a	plan	to	accelerate	safely	

the	integration	by	September	30,	2015,	of	civil unmanned	aircraft	systems	(UASs,	or	

drones)	into	the	national	airspace	system.”	Also	my	UAS	meets	the	definition	of	such	

approved	drones	(UAS)	as	defined	in	Section	331	and	allows	for	exemption	status	

consideration.	Further,	I	humbly	request	that	I	be	allowed	to	commercially	operate	

my	UAS	during	the	time	period	the	FAA	is	further	establishing	rules	and	regulations	

governing	the	operations	of	such	craft.	

1. All	flights	will	be	conducted	in	accordance	with	FAA	Policy	N	8900.227	

Section	14	“Operational	Requirements	for	UASs”	and	with	the	following	

restrictions:	

1. All	aircraft	will	be	made	with	a	UA	Gross	weight	of	less	than	55	

pounds	(my	aircraft	is	less	than	5	lbs.)	

2. All	flights	will	occur	only	during	daylight	hours.	

3. All	flights	will	occur	at	or	below	200	feet	AGL		(My	aircraft	is	set	at	

120	for	warranty	reasons)	

4. 5	nautical	miles	from	an	airport	having	an	operational	control	tower;	

or	

5. 3	NM	from	an	airport	with	a	published	instrument	flight	procedure,	

but	not	an	operational	tower;	or	

6. 2	NM	from	an	airport	without	a	published	instrument	flight	procedure	

or	an	operation	tower;	or	

7. 2	NM	from	a	heliport	with	a	published	instrument	flight	procedure.	

8. For	safety,	no	flight	with	winds	over	10	mph.	

9. Flight	only	in	GPS	mode	that	allows	UAS	to	hover	in	place	when	radio	

controls	are	released.	All	operations	to	be	conducted	in	GPS	mode	

only.	
IV.	How	my	request	will	benefit	the	public	as	a	whole:	

Aerial	Photo/Video	production	is	beaming	a	growing	need	and	someone	in	the	

Video	Production	business	needs	to	keep	up	with	what	high	tech	demands	of	video	

marketing.. Not	just	for	realtors	but	also	for	PSA,	music	videos,	advertisements	and	

news	need	aerial	videos. It	makes	the	clients	videos	stand	out	from	the	rest	and	that	

is	what	people	are	looking	for.

V.	Reasons	why	the	exemption	would	not	adversely	affect	safety; or	how	the	

exemption	would	provide	a	level	for	safety	at	least	equal	to	the	existing	rule:	

An	exemption	would	not	adversely	affect	safety	because	this	application	applies	

only	to	aircraft	characteristics	and	applications	within	FAA	specified	limitations.

Being	a	former	member	of	the	United	States	Air	Force	has	helped	to	follow	high	

demand	of	following	regulations	to	above	normal	standards. For my	safety	

evaluating	my	UAS	is	set	to	fly	no	higher	than	120	feet	and	that	was	set	by	the	

manufacture	as	a	default	and	if	changed	it	will	void	the	warranty	on	the	aircraft.	On	

an	average	I	have	the	distance	set	to	30-60	feet	to	keep	it	from	getting	away	from	

me	and	I	also	see	no	reason	to	fly	it	any	further.		None	of	my	project	will	require	me	

to	flight	higher	or	further	than	the	system	is	set	at	and	by	keeping	it	at	the	standard	

settings	will	keep	my	UAS	from	interfering	with	any	aircraft	or	person	since	it	will	

always	be	in	site.		My	targeted	clients	and	the	locations	that	will	be	use	on	will	not	

have	to	worry	about interference	of	people	below.

VI.	A	summary	the	FAA	may	publish	in	the	Federal	Register:	

1. 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	permit	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	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 current	and	projected	UAS's	meet	or	exceed	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	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	such	manuals	on	location	with	the	Pilot.	The	FAA	has	

previously	issued	exemptions	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	reasons	

described	above.	The	equivalent	level	of	safety	will	be	achieved	by	

maintaining	any	such	required	certifications	and	registrations	with	the	Pilot.	

1. 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.	§	91.119	prescribes	safe	altitudes	for	the	operation	of	civil	aircraft.	

It	allows	helicopters	to	be	operated	at	lower	altitudes	in	certain	conditions.	

My	UAS	will	never	operate	at	an	altitude	greater	than	120 ft	AGL;	safely	

below	the	standard	of	400	AGL.	I	will	also	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	achieved.	

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	permit	exemption	from	Part	21	

because	my	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	inapplicable.	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.	

Sincerely,

Garrett	Escue