David Lozano, PIC

Rob San Miguel, VO

5 Circuit Court Gaithersburg, MD 20878

Rob.SanMiguel34@gmail.com

dlozano6979@gmail.com

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from:14 CFR 21 subpart H

14 CFR 45.23(b)

14 CFR 61.113(a) and (b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a)(1) and (2)

14 CFR 91.417(a) and (b)

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

CFR Part 11, David Lozano, Pilot in Command (PIC)/operator of Unmanned Aircraft Systems (UAS) and 

Rob San Miguel, official Visual Observer (VO)/Spotter, hereby 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 conditions outlined herein or as may be 

established by the FAA as required by Section 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:

● Aerial photography and/or video for public and/or private use including real 

estate, architecture, land surveying, engineering and other related 

professional activities. 

● Aerial video and/or photography for public and/or private use including television, 

public events, cinematography and newsgathering. 

● Aerial inspection/photography of residential/commercial structures under contract 

with the owners or local government authority. 

● Aerial inspection/photography of residential/commercial utility infrastructure 

including but not limited to electrical power lines, wind turbines and cell towers. 

● Aerial video/photography or providing live video feed to assist with search and 

rescue operations in cases of an emergency or natural disaster only when the local 

authorities or government has requested it by contract or donation. 

● 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. 
As described fully below, 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 a) 

limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase 

public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the 

safe operation of such aircraft systems in the national airspace system.”

UAS Pilot in Command (PIC):

David Lozano has over 25+ years of experience in operating remote controlled, unmanned aircrafts and 

model aviation to include R/C Helicopters, Cars, Planes and Jets. He has been a member of the 

Academy of Model Aeronautics (AMA) since 1991, member #565096 with well over 1000 hours of flight 

and operation time during his tenure. The AMA has also given him specialized authorization to pilot 

fixed turbine jets as well as provided safety training over the years. 

A first hand example of David’s safe operation, attentive flight and accurate landing of a remote 

controlled fixed turbine airplane/UAV can be seen here: https://goo.gl/BFplt7

In an effort to be proactive, the DJI Inspire UAS has already been registered through the FAA by David 

Lozano on 12/28/2015, UAS Certificate Number FA3TFP97ET.

David will operate the DJI Inspire UAS which is comprised of an unmanned aircraft and a 

transportable ground station. The DJI Inspire is referred to as a quad-copter with a maximum gross 

weight of about 6.5 pounds. It is equipped with four rotors that are driven by electric motors 

powered by a 5700mAh capacity battery with a maximum flight time of 18 minutes and maximum 

airspeed of 22 m/s. 

Additional specs are as follows:

Hovering Accuracy (GPS mode) Vertical: 0.5 m - Horizontal: 2.5 m

Max Ascent Speed 5 m/s

Max Descent Speed 4 m/s

Max Wind Speed Resistance 10 m/s

Dimensions 438x451x301 mm

Remote Control Operating Frequency 5.725~5.825 GHz, 2.400~2.483 GHz

Maximum Transmitting Distance Up to 5 km or 3.1 miles (unobstructed)

Also, given the small size of the UAS’s involved and the restricted controlled environment within 

which they will operate, the applicant fits within that zone of safety (an equivalent level of safety) 

in which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

UASs to commence immediately. Also due to the size of the UASs and the controlled areas in 

which the relevant UAS’s will operate, approval of the application presents no national security 

issue. 

Public Interest 

Further, our small UAS will pose no threat to the public given its small size and lack of 

combustible fuel in comparison to larger manned aircraft. Additionally, the operation of our UAS 

will minimize ecological damage and promote economic growth by providing visual information 
to companies looking to relocate, build or provide local commerce in the areas we service. 

In addition to the above, PIC and VO will not fly without each other present to ensure that the 

UAS will always be within Visual Line of Sight (VLOS), open communication is constantly in tact 

and to safeguard responsible operation. Prior to any flight, both PIC and VO will conduct our 

mandatory pre-flight inspection, course mapping, gauge wind/weather conditions and 

obstruction assessment to ensure safe operation. Should any of the above be agreed upon as 

abnormal, operation will be ceased until UAS, environment or conditions are resolved. 

Given David’s 25+ years of cautious, prudent and proactively safe piloting expertise, we are 

confident that the safety of the public and overall well-being of the community.

UAS Operating Parameters 

David and Rob propose that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for 

an exceptional level of safety to operations.

Summary

Under this exemption, we will abide by the following additional operating conditions, which 

ensures a level of safety at least equal to existing rules: 

● Operate UAS below 200 feet and within a radius distance of 1000 feet from the controller 

to aid in direct line of sight visual observation;

● Obtain permission from the owner/controller of any vessels, vehicles and structures 

when operations may be conducted closer than 500 feet to any such vessels, vehicles or 

structures; we will conduct a safety assessment of the risk of operating closer to those 

objects and determine that it does not present an undue hazard; 

● Operate the UAS for 5-10 minutes per flight and land UAS prior to the manufacturer’s 

recommended minimum level of battery power; 

● Operate UAS during daylight hours only within visual line of sight (VLOS); 

● Use the UAS’ global positioning system (GPS) flight safety feature whereby it 

automatically hovers and then slowly lands if communication with the remote control 

pilot is lost; 

● Conduct all operations under the flight safety protocols (including posting a warning sign 

reading: “Attention Aerial Photography in Progress – Remain Back 150 feet”) contained in 

the operating documents and will actively analyze flight data and other sources of 

information to constantly update and enhance safety protocols; 

● 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; 

● Always obtain all necessary permissions prior to operation;

● Have procedures in place to abort flights in the event of safety breaches or potential 

danger; 

● Only operate in safe environments that are strictly controlled, are away from power lines, 

elevated lights, airports and densely populated areas (defined by areas depicted in 

“yellow” on VFR charts and through obtaining information regarding congested areas 

from the local Flight Standards District Office (FSDO); 

● Conduct extensive preflight inspections and protocols, during which safety carries 

primary importance (reference DJI Inspire Flying Flow Chart and User Manual).
That said, we greatly appreciate and look forward to your review and approval of our requested 

exemption. Should there be any need to modify, amend or edit any portions of this request, please 

don’t hesitate to reach out as we’re excited to perform our operations with the utmost professionalism 

and safety. 

Respectfully, 

David Lozano, PIC

Rob San Miguel, VO

dlozano6979@gmail.com - (240) 444-1507

Rob.SanMiguel34@gmail.com - (240) 286-1474

5 Circuit Court Gaithersburg MD, 20878