Mark Escobar

19500 Turtle Ridge Ln

Porter Ranch CA 91326

818-383-4646

U. S. Department of Transportation 

Docket Management System 1200 

New Jersey Ave., SE Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from 14 CFR 61.113 (a) & (b) 14 CFR 91.9 (b) (2) 14 C.F.R. 

91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 

CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) 

To Whom It May Concern: 

This application is being submitted on my own behalf. Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, 

Aerial Approach, ltd., operator of Small Unmanned Aircraft Systems (“SUASs”) equipped 

to conduct aerial photography and videography for the real estate industry, hereby 

applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow 

commercial operation of its SUASs, so long as such operations are conducted within 

and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333.1 As described more fully below, the requested exemption 

would permit the operation of small, unmanned and relatively inexpensive sUAS under 

controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to 

access and 4) would provide safety enhancements to the already safe operations in the 

real estate industry presently using conventional aircraft. Approval of this exemption 

would thereby enhance safety and fulfill 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.” Section 333(c) of the Reform 

Act. 

The name and address of the applicant is:

Mark Escobar

19500 Turtle Ridge Ln

Porter Ranch, CA 91326

Who provides photo and video production services to support commercial and 

residential real estate sales in the state of California in the Southern California Area

and has plans to expand services on a regional basic from Arizona, Nevada and Oregon. 

Traditional photography and videophotography is current used for interior and exterior 

jobs.

I would like to support its services and include aerial photography and videography 

through the use of small UAS.

The Unmanned Aircraft (UA) described herein is smaller, lighter and more 

maneuverable than conventional aircraft running on combustible fuel, operates at lower 

altitudes with no people on board and will thereby reduce current risk levels and 

enhance safety. With a small payload and maximum flight time of only 15 minutes, 

this offers little or no risk to national security.

Aircraft:

Phantom 3 Advanced

Weight (Including Battery And Propellers)

1280 g
Diagonal Size (Including Propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

• Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

• Horizontal: +/- 1.5 m

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m

Operating Temperature

0°C to 40°C

Gps Mode

GPS/GLONASS

Camera:

Sensor

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens

FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

Iso Range

100-3200 (video) 100-1600 (photo)

Shutter Speed

8s -1/8000s

Image Max Size

4000 x 3000

Still Photography Modes

• Single Shot

• Burst Shooting: 3/5/7 shots

• Auto Exposure Bracketing (AEB): 3/5

• Bracketed Frames at 0.7EV Bias

• Time-lapse.

Video Recording Mode:

FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

PRE-FLIGHT CHECKLIST 

1. Weather conditions are suitable for VFR flight and wind is 20 knots or less. 2. 

Measure battery voltage to make sure batteries are sufficiently charged before takeoff. 

3. Verify that all wiring connections are tight. 4. Raise and lock all rotor arms. Inspect 

for cracks, damage, and loose hardware. 5. Check to make sure propellers are secure 

and free from dirt, cracks and chips. 6. Turn on camera equipment. 7. Install main 

battery and check balance. 8. Verify all switch positions on the RC transmitters. 

Generally they are all in the forward position with the exception of the Mode which 

should be set to “GPS”. 9. Turn on radio control transmitters and video equipment. 10. 

Connect the UAS main battery. Check for radio connection with RC transmitters and 

video downlink. 11. During warmup, check the A2 Flight Controller LED indicator. One 

green flash indicates GPS mode. Wait for both of the following LED indications: a. A 
string of 10 or more green flashes indicating that the forward direction has been 

recorded. b. 2 or less red flashes to indicate that 5 or more GPS satellites have been 

obtained. This may also be observed on the video telemetry. 12. Announce your 

intention to take off by announcing “Take Off”.

Regulations from which the exemption is requested: 14 CFR 61.113 (a) & (b) 14 

CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 

(a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the national airspace system (NAS) before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users 

of the NAS or the public 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). Lastly, if the Secretary 

determines that such vehicles “may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system.” Id. §333(c) (emphasis added)2. The Federal Aviation Act 

expressly grants the FAA the authority to issue exemptions. This statutory authority by 

its terms includes exempting civil aircraft, as the term is defined under §40101 of the 

Act, that includes sUASs, from the requirement that all civil aircraft must have a 

current airworthiness certificate. 2 Applicant interprets this provision to place the duty 

on the Administrator to not only process applications for exemptions under section 333, 

but for the Administrator to craft conditions for the safe operation of the UAS, if it 

should be determined that the conditions set forth herein do not fulfill the statutory 

requirements for approval. The Administrator may grant an exemption from a 

requirement of a regulation prescribed under subsection (a) or (b) of this section or any 

sections 44702-44716 of this title if the 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).

Mark Escobar’s UASs are rotorcraft, weighting 5 or fewer lbs. including payload. They 

operate, under normal conditions at a speed of no more than 30 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. They 

will operate only in line of site. Such operations will insure that the sUAS will “not 

create a hazard to users of the national airspace system or the public.”4 Given the 

small size of our sUASs, the applicant falls squarely 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 restricted areas in which the relevant sUASs will 

operate, approval of the application presents no national security issue. Given the clear 

direction in Section 333 of the Reform Act, the authority contained in the Federal

Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, 

reduction in environmental impacts, including reduced emissions associated with 

allowing UASs for photography, the grant of the requested exemptions is in the public 

interest. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes 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 at least an equivalent or even higher level of safety to operations 
under the current regulatory structure because the proposed operations represent a 

safety enhancement to the already safe movie and television filming operations 

conducted with conventional aircraft. These limitations and conditions to which Aerial 

Approach, ltd. agrees to be bound when conducting commercial operations under an 

FAA issued exemption include: 

1. The sUAS will weigh less than 5 lbs. 2. Flights will be operated within line of sight of 

a pilot and/or observer. 3. Maximum total flight time for each operational flight will be 

25 minutes. Flights will be terminated at 25% battery power reserve should that occur 

prior to the 25 minute limit. 4. Flights will be operated at an altitude of no more than 

400 feet AGL or, not more than 200 feet above an elevated platform from which filming 

is planned. 5. Minimum crew for each operation will consist of the sUAS Pilot, and the 

Visual Observer. 6. sUAS Pilot will be Pilot in Command (PIC) 7. The UAS will only 

operate within a confined area. 8. A briefing will be conducted in regard to the planned 

sUAS operations prior to each project. It will be mandatory that all personnel who will 

be performing duties be present for this briefing. 9. The operator will obtain the consent 

of all persons involved in the photography and filming and ensure that only consenting 

persons be allowed within 50 feet of the flight operation. 10. Pilot and observer will have 

been trained in operation of UAS generally and received up-to-date information on the 

particular UAS to be. 11. Observer and pilot will at all times be able to communicate by 

voice and/or text. 12. Written and/or oral permission from the relevant property 

holders will be obtained. 13. If the sUAS loses communications or loses its GPS signal, 

the UAS will have capability to return to a pre-determined location within the Security 

Perimeter and land. 14. The sUAS will have the capability to abort a flight in case of 

unpredicted obstacles or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given 

the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. The sUAS to 

be operated hereunder is less than 5 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area. Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by the operator. These safety 

enhancements provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that 

there is no credible threat to national security posed by the UAS, due to its size, speed 

of operation, location of operation, lack of explosive materials or flammable liquid fuels, 

and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking of the 

Aircraft The regulation requires: When marks include only the Roman capital letter 

"N" and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, the operator 

must also display on that aircraft near each entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 inches high, the words 

"limited," "restricted," "light-sport," 
"experimental," or "provisional," as applicable. Even though the 

UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

although there is no entrance to a cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the sUAV, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with 

§45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the 

sUAV will see the identification of the UAS as “Experimental.” No person may operate a 

U.S.-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is 

not required by §21.5 of this chapter, unless there is available in the aircraft a current 

approved airplane or Rotorcraft Flight Manual, approved manual material, markings, 

and placards, or any combination thereof. The sUAS, given its size and configuration 

has no ability or place to carry such a flight manual on the aircraft, not only because 

there is no pilot on board, but because there is no room or capacity to carry such an 

item on the aircraft. The equivalent level of safety will be maintained by keeping the 

flight manual at the ground control point where the pilot flying the sUAS will have 

immediate access to it. The FAA has issued the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

32827, and 10700. 14 C.F.R. § 91.103: Preflight action This regulation requires each 

pilot in command to take certain actions before flight to insure the safety of flight. As 

FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided as set forth in 

Sections J and K of the Manual. The PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. 14 C.F.R. §91.109: Flight instruction: 

Section 91.103 provides that no person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls. sUASs and remotely piloted aircraft, by their design do not 

have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA 

has approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of 

the aircraft. 14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes 

safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be 

operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. 

As this exemption is for a sUAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated 

platform from which filming is planned, an exemption may be needed to allow such 

operations. As set forth herein, except for the limited conditions stated in the Manual, 

the UAS will never operate at higher than 400 AGL. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be exposed 

to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as 

well as the location where it is operated. No flight will be taken without the permission 

of the property owner or local officials. Because of the advance notice to the property 

owner and participants in the filming activity, all affected individuals will be aware of 

the planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55lbs. proposed herein and the lack of 

flammable fuel, any risk associated with these operations is far less than those 
presently presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the sUAS will ensure separation between these 

small- UAS operations and the operations of conventional aircraft that must comply 

with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings This regulation requires 

each person operating an aircraft to maintain cruising altitude by reference to an 

altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As the sUAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be needed. An 

equivalent level of safety will be achieved by the operator, pursuant to the Manual and 

Safety Check list, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions Section 91.151 (a) prohibits an individual from beginning “a flight in an 

airplane under VFR conditions unless (considering wind and forecast weather 

conditions) there is enough fuel to fly to the first point of intended landing, and, 

assuming normal cruising speed – (1) During the day, to fly after that for at least 30 

minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering 

the sUAS provides approximately 30 minutes of powered flight. To meet the reserve 

requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10-12 

minutes in length. Given the limitations on the UAS’s proposed flight area and the 

location of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly 

controlled area where only people and property owners or official representatives who 

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that Section 91.151(a) was intended to alleviate given the size 

and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would 

greatly reduce the utility for which the exemption will be granted. Applicant believes 

that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 

25% of battery power whichever happens first. This restriction would be more than

adequate to return the sUAS to its planned landing zone from anywhere in its limited 

operating area. Similar exemptions have been granted to other operations, including 

Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying 

Civil Aircraft Certification and Registration The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following: (1) An appropriate and current airworthiness certificate. . . . (b) 

No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the sUAS. An equivalent level of safety will be 

achieved by keeping these documents at the ground control point where the pilot flying 

the sUAS will have immediate access to them, to the extent they are applicable to the 

sUAS. The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 

9797A, 9816A, and 10700. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & 

(b): Maintenance Inspections These regulations require that an aircraft operator or 

owner “shall have that aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall 

inspect or maintain the aircraft in compliance with Part 43. Given that these section 

and Part 43 apply only to aircraft with an airworthiness certificate, these sections will 
not apply to the applicant. Maintenance will be accomplished by the operator pursuant 

to the flight manual. An equivalent level of safety will be achieved because these small 

UASs are very limited in size and will carry a small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the 

Manual, the operator will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant 

of the exemptions requested herein, including exempting the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight aircraft 

operate at slow speeds, close to the ground, and in a sterile environment and, as a 

result, are far safer than conventional operations conducted with turbine helicopters 

operating in close proximity to the ground and people. Privacy All flights will occur 

over private or controlled access property with the property owner’s prior consent and 

knowledge. Filming will be of people who have also consented to being filmed or 

otherwise have agreed to be in the area where filming will take place. Satisfaction of the 

criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security – provide more than adequate justification for 

the grant of the requested exemptions allowing commercial operation of applicant’s UAS 

in the real estate industry.

Sincerely;

Mark Escobar

19500 Turtle Ridge Ln

Porter Ranch, CA 91326