704 Main Street FUchEnond, Texas 77469 September 8, 2015 

# WGH&A

WILLIAM G. HARGER& AsSOCIATES, PLLC Attorneys at Law harger@hargerlaw.com www.hargeraviationlaw.com (281) 202-6000 Office (281) 715-4343 Fax

U.S. Department ofTransportation Docket Operations via FederalExpress# 8047-7085-9990-0215 West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590-0001

Re: Lone Star Drones, LLC's Request for Exemption from Certain Regulations per Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations

Dear Sir orMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ("Section 333") and 14 C.F.R. Part 11, Lone StarDrones, LLC ("Lone Star Drones") hereby applies for an exemption from certain Federal Aviation Regulations ("FARs") to allow commercial operation ofits UASs so long as such operations are conducted within and under the conditions outlined herein or as established bythe FAA pursuant to Section 333. Lone StarDrones seeks to operate theDJIPhantom 3 andDJIInspire 1 UASs. These UASs are very familiar to the Federal Aviation Administration ("FAA"), and many Section 333 exemptions have been granted to operators using these common UASs. Lone Star Drones intends to operate these UASs as received from the manufacturer, without modification to the flight characteristics or performance parameters. The gross takeoffweight ofthe UASs for which this exemption is sought will not exceed seven (7) pounds. Operations will include, but not be limited to, aerial survey, data collection, marketing, photography and cinematography, investigations for use in engineering and construction, agricultural operations and coordinated assistance to law enforcement and first responders. Applicantbelieves that this application is similarin all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112 and 11213, as well as many other applications which have been approved bythe FAA, and should be considered underthe expedited summary grant procedure. 1Lone Star Drones, LLC is a Texas corporation. The Managing Member is Robert W. Howie, a professional pilotholding an AirlineTransportPilot certificate. Mr. Howiehas over 13,000hours of flight experience and numerous aircraft type ratings. He also has experience as a pilot-incommand ofsmall UASs. Contact information is as follows: COUNSEL: WILLIAM G. HARGER & ASSOCIATES, PLLC Mr. William G. Harger 704 Main Street Richmond, Texas 77479 APPLICANT: LONE STARDRONES, LLC c/o Mr. RobertW. Howie 507 Williamsburg Circle Friendswood, Texas 77546-4035



### I. FAREXEMPTIONS SOUGHT Exemption is sought from the following Federal Aviation Regulations: 14 C.P.R. 61.113(a) and (b) 14 C.P.R. 91.7 14 C.P.R. 91.105 14 C.P.R. 91.109 14 C.P.R. 91.119(b) and (c) 14 C.P.R. 91.121 14 C.P.R. 91.151(b)



### II. LONE STARDRONE'S OPERATIONS 14 C.P.R. 91.215 14 C.P.R. 91.403 14 C.P.R. 91.405 14 C.P.R. 91.407 14 C.P.R. 91.409 14 C.P.R. 91.417

Lone Star Drones will maintain operational control over the UASs. The UAS's utilized by Lone Star are electric multi-rotor craft, weighing less than seven (7) pounds, including payload. They operate ata speedofno morethan43 knots andhavethecapabilityto hoverand/ormoveinvertical and horizontal planes. They will onlybe operated invisual line ofsight (VLOS) and will remain under400 feet above groundlevel (orno more than 50 feet above the structurebeinginspected, if 2that structure exceeds 400 feet). Operations will be conducted only with ceilings ofat least 1,000 feet and visibilityofat least one (1) mile. According to the manufacturer, the UASs for which this application seeks exemptions operate in compliance with part 15 ofthe relevant FCC regulations. The PIC will alwaysbe acertificatedpilot, and all operations will includeatrained visual observer. Each PIC will have at least 10 hours ofinstruction on UAS operation, including at least 2 hours of instruction on the particular model ofUAS being flown for the mission. Visual Observers will have adequate training to satisfy the PIC that they can properly and safely observe the UAS for the entire flight. The UASs will operate only with permission ofinvolved property owners or government officials. During the proposed operations, the site will be secured, and nonparticipants will be kept a sufficient distance away from the operations area to insure that no hazards will be created to users ofthe national airspace system or the public. Anyone 

### in the operations area will be thoroughlybriefed priorto operations. 

### III. LONE STAR DRONES' PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST The FAA recently issued a Grant of Exemption to FalconSkyCam for operations that are substantially similarto those proposed herein. (Docket No. FAA-2014-0884, March 6, 2015). In issuing the Grant, the FAA noted that "[t]he enhanced safety and reduced environmental impact achieved using a UAS with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabledbythis exemption is inthepublicinterest." Theoperations ofLone StarDrones will allow a small, battery-operated device to replace, in many instances, a conventional aircraft weighing thousands ofpounds carrying aviation fuel and personnel, flying at much greater speeds, at higher altitudes, with an obvious increase inhazards to safety ofthose in the air and onthe ground. Lone Star Drones respectfully asserts that its operations are in the public interest and requests that the FAA grant the requested exemption. IV. EQUIVALENT LEVEL OF SAFETY IS ASSURED Lone Star Drones submits that the exemptions requested herein apply to small UASs that provide for an equivalent or higher level of operational safety than is available using larger aircraft operating in the same environment with the same mission. This level of operational safety is possible due to the limitations under which Lone StarDrones intends to operate, includingbut not limited to the following:

• The UASs operated by Lone Star Drones pursuant to this application will weigh less than seven (7) pounds. • Flights will be operated during daylight hours, in visual meteorological conditions, and within visual line ofsight (VLOS) ofthepilot ofthe UAS.

3• All operations will utilize a visual observer in addition to the certificated pilot operator. Both the PIC and observer will be thoroughly trained in the operation ofthe UASs and compliance with the exemptions and operating restrictions issued bythe FAA. • Maximum total flight time for each operational flight will be approximately 30 minutes or when the UAS reaches 25% batterypower. • As noted, non-participants will bekept an adequate distance from the operational area, as well as any flight path to or from that area, to insure that there are no hazards to users of the national airspace system or the general public. • Any persons in the area of operations will be briefed prior to commencement of the operation. V. EXEMPTIONS REQUESTED 14 C.F.R. 61.113(a) and (b): Pilot Certificates Sections 61.113(a) and (b) prohibit non-commercially rated pilots from operating an aircraft for compensation or hire. Lone Star Drones warrants that its pilots will have at least a sport or recreational pilot certificate and appropriate medical certificates. Even though Lone Star Drones is managed by Robert Howie, who will be the primary pilot and Director of Operations, it is foreseeable that, withthe anticipated growth ofthebusiness, Lone StarDrones willbe adding other pilots for some missions. For the same reasons set forth in the FAA's grant ofan exemption to Astraeus Aerial (Exemption No. 11062, September 25, 2014), Lone Star Drones does not believe a commercialpilot certificate is necessary for the operations it will conduct. An equivalent level of safety will be assured because any pilot hired by Lone Star Drones will possess at least a sport orrecreational pilot's license and appropriate medical certificate, and will receive training adequate to insure they are fully competent in the operation ofthe UAS. Due to the small size, weight, speed and operating parameters ofthe subject UASs, the level of safety associated with the operations requested in this application will be well in excess ofthat of a commercial pilot operating a conventional aircraft. For this reason, Lone StarDrones requests an exemption from 14 C.P.R. 61.113(a) and (b). 14 C.F.R. 91.7: Civil AircraftAirworthiness Section 91.7 prohibits operation of an unairworthy aircraft and places responsibility for airworthiness determinations on the pilot in command. There is at present no FAA regulatory standard for determining airworthiness of UASs. Lone Star Drones is very familiar with best practices in aircraft maintenance, and the level ofcomplexity ofthe subject UASs is such that airworthiness will not be difficult to both maintain and determine prior to each flight. Each UAS will receive a pre-flight inspection following the recommendations ofthe manufacturer prior to each flight.

4An equivalent level ofsafety is assured because the manufacturer's recommended maintenance and pre-flight inspection procedures will be followed. Forthese reasons, and in accordance with the FAA's grant ofan exemption from 91.7 to Total Safety U.S., Inc. (Exemption No. 11156, issued Jan. 29, 2015), Lone StarDrones requests an exemption from 14 C.P.R. 91.7. 

### 14 C.F.R. 91.105: FlightCrewmembers at Stations Lone StarDrones requests an exemption from 14 C.F.R. 91.105. This regulation is not applicable due to the fact that UASs do not carry flight crewmembers onboard. Lone StarDrones will assure an equivalent level ofsafetybecause there willbeno operations ofa 

### VAS unless a certificated pilot is at the ground-based controls at all times and a visual observer maintains line ofsight contact with it. 

### 14 C.F.R. 91.109: FlightInstruction Lone Star Drones requests an exemption from 14 C.P.R. 91.109. This regulation addresses requirements for flight controls on aircraft when used for flight instruction. The UASs operated byLone StarDrones do nothave dual controls orthe capabilityto add a secondremote controller, makingcompliancewiththis sectionimpossible. However, no UAS operatedbyLone StarDrones will everbeused for flight instruction other than checking out certificated pilots onthe operation ofthe UAS from the ground. There will neverbe a person aboard a UAS, so there is no danger to anyone in thatregard. Anequivalent level ofsafetywill be assuredbecausethehand-held remote controllercanbeeasily transferred to an ''instructor'' at any time. Further, only certificated pilots will be receiving instruction. Combined with the low weight, size, speed and operatingparameters ofthe UAS, the level ofsafety in an instruction situation is equivalent to, ifnot better than, that provided bydual or ''throwover'' controls in a traditional manned aircraft. 

### 14 C.F.R. 91.119(b) and (c): MinimumSafe Altitudes Section 91.119 establishes safe altitudes for operationofcivil aircraft. Section91.119(b) prohibits aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal radius of2,000 feet ofthe aircraft. This regulation is appropriate for normal aircraft, but clearly inappropriate for UASs. Adherence to such rules would defeat the purpose ofusing UASs. To the extent that Lone Star Drones' operations would be considered to be in "congested areas," Lone Star Drones' operational procedures, coupled with the size, weight and speed ofthe UASs, provide an equivalent level ofsafety such that operations at lower altitudes and closer to persons onthe ground shouldbe allowed. As described above, Lone Star Drones will establish a 200 foot buffer zone for its operations. Given the significantly higher level ofmaneuverability and control ofUASs, Lone Star Drones should be allowed to operate the subject UASs with more narrow restrictions of altitude and 5operationsinareas closerto "obstacles." Lone StarDrones thereforerequests ablanket exemption from 14 C.F.R. 91.119{b), allowing it to operate closer to "obstacles" in "congested" areas such as buildings and other ground-based structures that are being inspected or from which data or information are being collected, orpictures orfilm are being obtained. Section 91.119(c)prohibitsoperationsin"othercongested areas"below500 feet abovethe surface, or closer than 500 feet to any person, vessel, vehicle or structure. Again, this very reasonable regulation for normal aircraft is very unreasonable for drone operations, and would, to a great extent, destroy the utility (and related safety advantages) offered by the 

### VASs. Therefore, Lone Star Drones requests exemption from this FAR and authority to operate at altitudes from the surface up to 400 feet AGL (or no more than 50 feet above the structure beinginspected, iftaller than 400 feet). An equivalent level ofsafety will be achieved given the size, weight, speed, maneuverability and control ofthe

### VASs. Inorderto achievethe samemissiongoals, conventional aircraft, withpeople and aviation fuel onboard, would have to fly very closeto terrain, obstacles and people. Inmany cases, itwould simplybeimpossibleto accomplish the same mission with a conventional aircraft, but wouldbenot only accomplishable, but clearly safer, to use a 

### VAS. 

### 14 C.F.R. 91.121 Altimeter Settings This regulation requires each person operating an aircraft below 18,000 feet to maintain cruising altitude byreference on an altimeter setting. As a threshold matter, the subject 

### VASs will never have a "cruising" altitude, as theywill always be operated on a line ofsightbasis. Therefore, this regulation should not even apply to 

### VAS operations. Further, the subject 

### VASs are not equipped with altimeters, so a requirement to comply with this FAR would ground all 

### VAS in the size and weight category ofthe subject 

### VASs. Therefore, Lone Star Drones requests that theybe granted an exemption from this regulation. An equivalent level of safety is assured because the subject 

### VASs use GPS coordinates to accurately establishtheir altitude. 

### 14 C.F.R. 91.152(b): FuelRequirements for Flight in

### VFRConditions Section 91.152(b) states: "No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes." As aninitialmatter, noneofthe Lone StarDrones' operationswill everinvolve aperson being "in" a rotorcraft, so this regulation should not be applicable, and therefore not require an exemption. Further, there is virtually no chance that weather could deteriorate to a dangerous level, becausethe 

### VASs will neverleave the view ofthepilot and observer. Thus, the purpose of this regulation is clearlynot applicable to 

### VAS operations.

6Further, the maximum total flight time for each operational flight will be approximately 30 minutes. Following this regulation would reduce the time available for the mission to about 10 minutes. An equivalent level ofsafety will be provided because the subject UASs will be landed when the battery power is reduced to approximately 25% ofcapacity. In the unlikely event that the pilot would lose track ofthe time on mission, the UASs have a low voltage warning which alerts the pilot when the battery reaches pre-determined levels. This battery level would be more than adequate to return the UASs to base from anywhere in its line ofsight operating area. For these reasons, Lone Star Drones requests an exemption from 14 C.F.R. 91.151(b). Similar exemptions havebeen granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 

### 14 C.F.R. 91.215: ATC Transponder and Altitude Reporting Equipment and Use Lone Star Drones requests an exemption from 14 C.F.R. 91.215. It is impossible to comply with the requirement ofthis section when operatingthe UASs that Lone StarDrones intends to operate, as they are not equipped with transponders. Lone Star Drones will insure an equivalent level ofsafety byrestricting all flights it conducts to altitudes no greater than the limits requested in this application. Further, transponders at these altitudes would, ifanything, present unnecessary clutter onATC radar screens. Lone Starwill not operate in the vicinity ofairports orhelipads in any mannerthat could conflict with other aircraft. 

### 14 C.F.R. 91.403; 405; 407; 409 and 417: AircraftMaintenance These regulations regulate how aircraft must be maintained. None ofthese regulations could be relevant to the maintenance ofUASs. They require compliance with Airworthiness Directives, which are not issued for UASs. They also require compliance with FAR Part 43, which regulate the details ofsuch things as aircraft maintenance, inspections, who can perform such work, and records that must be kept. None ofthese regulations are appropriate to UASs due to the radical difference in simplicity of structure and component parts of UASs. They are not similar to conventional aircraft as regards maintenance procedures, and could notbemaintained in the same manner. For these reasons, Lone Star Drones requests an exemption from the above referenced maintenance FARs, which is consistent with previous §333 rulings bythe FAA. An equivalent level ofsafety will be assured by the fact that Lone Star Drones will fully comply with the maintenance instructions provided bythe manufacturer ofthe UASs. 

### VI. REGULATIONS FORWHICH EXEMPTIONS ARE UNNECESSARY The Federal Aviation Administration has previously noted, in granting §333 exemptions, that exemptions from certainregulations were not necessary, due to the size, weight, speed and limited operating area associated with UAS operations. Based upon the FAA's guidance, Lone Star Drones believes exemptions from the following regulations are not necessary: 714 C.F.R. Part 21: Airworthiness Certification 14 C.P.R. Part 45: Identification and Registration Marks 14 C.P.R. §91.9: Flight manual, marking, and placard requirements 14 C.P.R. §91.103: Preflight actions required 14 C.P.R. 91.203(a) and (b): Certifications for Civil Aircraft Accordingly, Lone Star Drones does not seek exemption from these regulations, with the understanding that FAA policy is that such exemptions are not necessary for UAS operations of thenaturerequestedbythis application. Intheeventthis isnotthe case, Lone StarDronesrequests exemptions from theseregulations. 

### VII. CONCLUSION Lone Star Drones respectfully requests that the FAA issue a Grant ofExemption allowing the companyto commerciallyoperatethe subjectUASs as described herein, or as deemed appropriate by the FAA. In the event any requested relief is inappropriate or inadequate, or there is any oversight in this application, Lone Star Drones respectfully requests that either (a) itbe given an opportunityto address such issue and amend this application as appropriate, or (b) the FAA issue an exemptionbased onwhat it considers appropriaterestrictions consistent with other Section 333 grants of exemption. Applicant and counsel appreciate the FAA's consideration of this application, and look forward tobeing an exemplaryoperator ofthe subjectUASs. Thank you, WILLIAM G. HARGER & ASSOCIATES, PLLC

WILLIAM G. HARGER Counsel for Lone StarDrones, LLC

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