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 of Transportation 

Docket Operations 

via Federal Express# 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 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ("Section 333") and 

14 C.F.R. Part 11, Lone Star Drones, LLC ("Lone Star Drones") hereby applies for an exemption 

from certain Federal Aviation Regulations ("F ARs") to allow commercial operation of its UASs 

so long as such operations are conducted within and under the conditions outlined herein or as 

established by the FAA pursuant to Section 333. 

Lone Star Drones seeks to operate the DJI Phantom 3 and DJI Inspire 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 takeoff weight of the 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. Applicant believes that this application is similar in 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 by the FAA, and should be 

considered under the expedited summary grant procedure. 

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Lone Star Drones, LLC is a Texas corporation. The Managing Member is Robert W. Howie, a 

professional pilot holding an Airline Transport Pilot certificate. Mr. Howie has over 13,000 hours 

of flight experience and numerous aircraft type ratings. He also has experience as a pilot-incommand of small UASs. 

Contact information is as follows: 

COUNSEL: 

WILLIAM G. HARGER & ASSOCIATES, PLLC 

Mr. William G. Harger 

704 Main Street 

Richmond, Texas 77479 

APPLICANT: 

LONE STAR DRONES, LLC 

c/o Mr. Robert W. Howie 

507 Williamsburg Circle 

Friendswood, Texas 77546-4035 

I. FAR EXEMPTIONS 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 STAR DRONE'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 at a speed of no more than 43 knots and have the capability to hover and/or move in vertical 

and horizontal planes. They will only be operated in visual line of sight (VLOS) and will remain 

under 400 feet above ground level (or no more than 50 feet above the structure being inspected, if 

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that structure exceeds 400 feet). Operations will be conducted only with ceilings of at least 1,000 

feet and visibility of at least one (1) mile. According to the manufacturer, the UASs for which this 

application seeks exemptions operate in compliance with part 15 of the relevant FCC regulations. 

The PIC will always be a certificated pilot, and all operations will include a trained visual observer. 

Each PIC will have at least 10 hours of instruction on UAS operation, including at least 2 hours of 

instruction on the particular model of UAS 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 of involved 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 of the national airspace system or the public. Anyone in the 

operations area will be thoroughly briefed prior to 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 similar to 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 

enabled by this exemption is in the public interest." The operations of Lone Star Drones will allow 

a small, battery-operated device to replace, in many instances, a conventional aircraft weighing 

thousands of pounds carrying aviation fuel and personnel, flying at much greater speeds, at higher 

altitudes, with an obvious increase in hazards to safety of those in the air and on the 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 Star Drones intends to operate, including but 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 of sight (VLOS) ofthe pilot of the UAS. 

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• 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 of the UASs and 

compliance with the exemptions and operating restrictions issued by the FAA. 

• Maximum total flight time for each operational flight will be approximately 30 minutes or 

when the UAS reaches 25% battery power. 

• As noted, non-participants will be kept 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, with the anticipated growth of the business, Lone Star Drones will be adding other 

pilots for some missions. For the same reasons set forth in the FAA's grant of an exemption to 

Astraeus Aerial (Exemption No. 11062, September 25, 2014), Lone Star Drones does not believe 

a commercial pilot 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 or recreational pilot's license and appropriate medical certificate, and will 

receive training adequate to insure they are fully competent in the operation of the UAS. Due to 

the small size, weight, speed and operating parameters of the subject UASs, the level of safety 

associated with the operations requested in this application will be well in excess of that of a 

commercial pilot operating a conventional aircraft. For this reason, Lone Star Drones requests an 

exemption from 14 C.P.R. 61.113(a) and (b). 

14 C.F.R. 91.7: Civil Aircraft Airworthiness 

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 of complexity of the 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 of the manufacturer prior to 

each flight. 

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An equivalent level of safety is assured because the manufacturer's recommended maintenance 

and pre-flight inspection procedures will be followed. For these reasons, and in accordance with 

the FAA's grant of an exemption from 91.7 to Total Safety U.S., Inc. (Exemption No. 11156, 

issued Jan. 29, 2015), Lone Star Drones requests an exemption from 14 C.P.R. 91.7. 

14 C.F.R. 91.105: Flight Crewmembers at Stations 

Lone Star Drones 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 on board. 

Lone Star Drones will assure an equivalent level of safety because there will be no operations of a 

VAS unless a certificated pilot is at the ground-based controls at all times and a visual observer 

maintains line of sight contact with it. 

14 C.F.R. 91.109: Flight Instruction 

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 

by Lone Star Drones do not have dual controls or the capability to add a second remote controller, 

making compliance with this section impossible. However, no UAS operated by Lone Star Drones 

will ever be used for flight instruction other than checking out certificated pilots on the operation 

of the UAS from the ground. There will never be a person aboard a UAS, so there is no danger to 

anyone in that regard. 

An equivalent level of safety will be assured because the hand-held remote controller can be easily 

transferred to an ''instructor'' at any time. Further, only certificated pilots will be receiving 

instruction. Combined with the low weight, size, speed and operating parameters of the UAS, the 

level of safety in an instruction situation is equivalent to, if not better than, that provided by dual 

or ''throwover'' controls in a traditional manned aircraft. 

14 C.F.R. 91.119(b) and (c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(b) prohibits 

aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft. This regulation is appropriate for normal aircraft, 

but clearly inappropriate for UASs. Adherence to such rules would defeat the purpose of using 

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 of the 

UASs, provide an equivalent level of safety such that operations at lower altitudes and closer to 

persons on the ground should be allowed. 

As described above, Lone Star Drones will establish a 200 foot buffer zone for its operations. 

Given the significantly higher level of maneuverability and control of UASs, Lone Star Drones 

should be allowed to operate the subject UASs with more narrow restrictions of altitude and 

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operations in areas closer to "obstacles." Lone Star Drones therefore requests a blanket 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, or pictures or film are being obtained. 

Section 91.119( c) prohibits operations in "other congested areas" below 500 feet above the 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 being inspected, if taller 

than 400 feet). 

An equivalent level of safety will be achieved given the size, weight, speed, maneuverability and 

control of the VASs. In order to achieve the same mission goals, conventional aircraft, with people 

and aviation fuel on board, would have to fly very close to terrain, obstacles and people. In many 

cases, it would simply be impossible to accomplish the same mission with a conventional aircraft, 

but would be not 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 by reference on an altimeter setting. As a threshold matter, the subject VASs will never 

have a "cruising" altitude, as they will always be operated on a line of sight basis. 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 of the subject VASs. Therefore, Lone Star Drones requests that they be granted 

an exemption from this regulation. 

An equivalent level of safety is assured because the subject VASs use GPS coordinates to 

accurately establish their altitude. 

14 C.F.R. 91.152(b): Fuel Requirements for Flight in VFR Conditions 

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 of intended landing and, assuming normal cruising speed, to fly after that for at least 20 

minutes." As an initial matter, none of the Lone Star Drones' operations will ever involve a person 

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, because the VASs will never leave the view of the pilot and observer. Thus, the purpose of 

this regulation is clearly not applicable to VAS operations. 

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Further, 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 of safety will be provided because the subject UASs will be landed when the 

battery power is reduced to approximately 25% of capacity. In the unlikely event that the pilot 

would lose track of the 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 of sight operating area. For these 

reasons, Lone Star Drones requests an exemption from 14 C.F.R. 91.151(b). Similar exemptions 

have been 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 of this section when operating the UASs that Lone Star Drones intends to operate, 

as they are not equipped with transponders. 

Lone Star Drones will insure an equivalent level of safety by restricting all flights it conducts to 

altitudes no greater than the limits requested in this application. Further, transponders at these 

altitudes would, if anything, present unnecessary clutter on ATC radar screens. Lone Star will not 

operate in the vicinity of airports or helipads in any manner that could conflict with other aircraft. 

14 C.F.R. 91.403; 405; 407; 409 and 417: Aircraft Maintenance 

These regulations regulate how aircraft must be maintained. None of these regulations could be 

relevant to the maintenance of UASs. They require compliance with Airworthiness Directives, 

which are not issued for UASs. They also require compliance with FAR Part 43, which regulate 

the details of such things as aircraft maintenance, inspections, who can perform such work, and 

records that must be kept. None of these 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 not be maintained in the same 

manner. For these reasons, Lone Star Drones requests an exemption from the above referenced 

maintenance F ARs, which is consistent with previous §333 rulings by the FAA. 

An equivalent level of safety will be assured by the fact that Lone Star Drones will fully comply 

with the maintenance instructions provided by the manufacturer of the UASs. 

VI. REGULATIONS FOR WHICH EXEMPTIONS ARE UNNECESSARY 

The Federal Aviation Administration has previously noted, in granting §333 exemptions, that 

exemptions from certain regulations 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: 

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14 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 

the nature requested by this application. In the event this is not the case, Lone Star Drones requests 

exemptions from these regulations. 

VII. CONCLUSION 

Lone Star Drones respectfully requests that the FAA issue a Grant of Exemption allowing the 

company to commercially operate the subject UASs 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) it be given an 

opportunity to address such issue and amend this application as appropriate, or (b) the FAA issue 

an exemption based on what it considers appropriate restrictions consistent with other Section 333 

grants of exemption. Applicant and counsel appreciate the FAA's consideration of this 

application, and look forward to being an exemplary operator of the subject UASs. 

Thank you, 

WILLIAM G. HARGER & ASSOCIATES, PLLC 

WILLIAM G. HARGER 

Counsel for Lone Star Drones, LLC 

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