Drone Aire

3778 W Sixth Street

Fort Worth, Texas 76107

817-307-1823

droneaire@gmail.com

October 26, 2015

Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

“Reform Act”) and 14 C.F.R. Part 11, Drone Aire seeks an exemption from Federal 

Aviation Regulations (“FARs”) detailed below for the following described Unmanned 

Aerial System referred to in this application as the Drone Aire System, which 

includes an Unmanned Aircraft (UA) and ground station-based equipment and crew:

The Unmanned Aircraft (UA):

 DJI Phantom 3 Professional, a battery operated, light weight quadcopter 

which takes off and lands vertically, carrying the following equipment:

 Intelligent flight battery

 Flight computer with GPS navigation and location ability that receives signals 

for flight controls from a ground-based transmitter/controller

 Radio transmitter that transmits live video from the on-board camera plus all 

flight data including altitude, speed, and direction back to launch site

The ground station system:

 A Pilot in Command (PIC) in operational control of a flight from beginning to 

end, as well as control of the UA while in the air

 A remote controller connected to an ipad mini, which receives live video feed 

from the camera and gives flight commands to the UA.

 A Visual Observer (VO) is a person who provides a second pair of eyes to 

visually track the UA while in flight.

The requested exemption would support an application for a commercial Certificate 

of Authorization to use the above-described Drone Aire system to support aerial 

photography and video primarily of real estate property, Construction and 

Engineering projects, special events, and Emergency Response.

The UA, powered by batteries, is smaller, lighter and more maneuverable than a 

larger aircraft running on combustible fuel. It operates at lower altitudes with no 

people on board and will thereby reduce current risk levels, enhance safety and 
diminish the likelihood of death or serious bodily injury. With a small payload and 

maximum flight time of only 20 minutes, this offers little or no risk to national 

security.

Aerial photos and video are far more effective at displaying characteristics of large 

properties, as well as creating a unique vision for special events. Surveying the land 

with the UA will help create accurate maps. Helicopters can be used, but they are 

more expensive and not able to fly as low. The benefits of reduced cost and 

improved quality of presentation from the UA will be valuable to and benefit many 

buyers and sellers of real estate property as well as many citizens and government 

agencies requiring accurate maps in the local area.

Additionally, we request that we be allowed to use our system to benefit first 

responders nearby who might require assistance, including firefighters, police, 

sheriffs and the like while remaining subject to all limitations cited in this 

application as we do so.

Limitations of Operations:

1. The Drone Aire system shall be operated in daytime only.

2. The UAS shall be operated by a visual line of sight (VLOS) at all times.

3. A Visual Observer (VO) maintaining a VLOS will be utilized at all times.

4. The UAS shall remain within 1000’ horizontal distance of the PIC at all 

times.

5. The UAS will have an altitude restriction of 400’ AGL.

6. The UAS will not be operated at a speed exceeding 30 knots.

7. Operations documents will be accessible to the PIC at all times and must 

be accessible during UAS operations and made available to the 

Administrator on request.

8. PIC must inspect and ensure that the Drone Aire system is in airworthy 

condition prior to each operation. If determined un-airworthy, all 

operations will be suspended until such time as necessary maintenance 

has been performed and the UAS is determined to be in a safe condition 

for flight.

9. An operational flight test is required after any maintenance or alterations 

that may affect UAS operation or flight.

10. UAS maintenance must follow manufactures aircraft and component, 

maintenance, overhaul, and replacement, inspection, and life limit 

requirements.

11. The operator must carry out its maintenance, inspections, and record 

keeping requirements, in accordance with the operating documents. 

Maintenance and inspection, and alterations must be noted in the aircraft 

records including total flight hours and the description of work 

performed.

12. UAS must be operated by a PIC possessing at least a private pilot 

certificate and at least a current Third Class Medical.
13. No operation will come within 5 nautical miles of an airport.

14. All operations will stay within Class G airspace.

15. No operation will occur from a moving platform.

16. The Drone Aire system will not operate any closer than 100’ to any 

structure without the permission of the structure, building, or property 

owner.

17. The UAS will be limited to 30 minutes of flight or 20% of battery power, 

whichever occurs first.

The regulations from which the exemption is requested are as follows:

14 CFR 91.7(A) Airworthiness Certificate

Prohibits the operation of an aircraft without an airworthiness certificate. Petitioner 

requests exemption based on previous exemption no. 11845. The FAA has ruled that 

this make and model of aircraft (UAS) does not require an airworthiness certificate.

14 CFR 91.9 (B)(2) Aircraft Flight Manual

Requires an aircraft flight manual in the aircraft. As there are no pilots or 

passengers aboard and given the size of the UAS, this regulation in inapplicable. An 

equivalent level of safety will be achieved by maintaining a manual in the possession 

of the PIC.

14 CFR 91.103 Pre-flight

No approved Aircraft Flight Manual on board the UAS. The petitioner asserts that an 

equivalent level of safety will be achieved by the PIC taking all pre-flight actions set 

forth in the operating documents including weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of each 

flight.

14 CFR 91.109 Flight Instruction

There are no dual controls available for flight instruction.

14 CFR 91.119 (C) Minimum Safe Altitudes

States that no person may operate an aircraft below the following altitudes: over 

other than congested areas, an altitude of 500’ above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated 

closer than 500’ to any person, vessel, vehicle, or structure. 

The petitioner will not operate any UAS over an altitude of 400’ AGL. There will be 

cases when the 500’ distance from structures will need to be exempted. (Example: 
Aerial video of home to show details of a newly installed roof.) In this type of 

operation, every assurance will be made to keep persons outside safe and clear of 

operations. 

The petitioner will implement procedures and policies to ensure that any person in 

the general vicinity of operations will be aware of such operations and ensure that 

all non-essential personnel are cleared of the area of operations to the extent 

possible. 

14 CFR 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 UAS 

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 CFR 91.151(a)(1) Fuel for Flight

No person may begin a flight in an airplane under VFR conditions unless there is 

enough fuel to fly to the first point of intended landing and assuming normal cruise 

speeds.

(a)(1) During the day to fly for at least 30 minutes

The petitioner requests relief from this regulation due to the fact that the UAS is 

equipped with a battery and percentage indicator system. By limiting flights to 30 

minutes or enough battery reserved to ensure that the UAS lands at the ground 

station with at least 20% of battery power (whichever happens first) will maintain 

an efficient level of safety. This restriction would be more than adequate to return 

the UAS to its planned landing zone from anywhere in its limited operating area.

14 CFR 91.203(a)(b) Carrying of civil aircraft Certifications and Registrations

Provides for the carrying of civil aircraft certifications and registrations. They are 

inapplicable for the same reasons described above. Operations manuals and Safety 

Procedures will be maintained at the Drone Aire home office with copies of the same 

traveling with the PIC.

14 CFR 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 sections and part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the Drone Aire system. Maintenance will 

be accomplished by the operator pursuant to the flight manual and operating 

handbook as referenced in the Manual. An equivalent level of safety will be achieved 

because the UAS is 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’ 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.

14 CFR 45.23(b) Marking of the Aircraft

Applicable codes of Federal Regulation require an aircraft to be marked according to 

certain specifications. Drone Aire UASs are, by definition, unmanned. Therefore, 

they do not have a cabin, cockpit or pilot station on which to mark certain words or 

phrases. Furthermore, two inch lettering is difficult to place on such a small aircraft. 

Regardless, Drone Aire will, if required, mark its UASs in the largest possible 

lettering by placing the “N” number on its fuselage as required by 14 CFR 45.29 (f) 

so that the PIC and VO will see the markings. 

14 CFR 21, Sub Part H Airworthiness Certificates

Entitled Airworthiness Certificates, set forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR 91.203(a)(1). The size, 

weight and enclosed operational area of Drone Aire system permits exemption from 

Part 21 because it 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 USC 44701 (f)) and Section 333 of 

the Reform Act. Both pieces of the legislation permit the FAA to exempt UAS from 

the airworthiness certificate requirement in consideration of the weight, sized, 

speed, maneuverability and proximity to areas such as airports and dense 

populations. The Drone Aire system meets or exceeds each of the elements.

14 CFR 61.113 (a)(b) Private Pilot Privileges and Limitations PIC

Private pilots are limited to non-commercial operations. Drone Aire can achieve an 

equivalent level of safety as achieved by current regulations because the Drone Aire

UASs do not carry any pilots or passengers. Furthermore, while helpful, a pilot 

license will not ensure remote control piloting skill. The PIC of Drone Aire has had 

many hours of practice and has mastered the skills of controlling the Drone Aire
system. The risk attendant to the operation of the Drone Aire system is far less than 

the risk levels inherent in the commercial activities outlined in CFR 61. Thus, 

allowing Drone Aire to operate the Drone Aire system with a private pilot as the PIC 

will exceed current safety levels in relation to CFR 61.113(a)(b). 

The name and contact information of the applicant are:

Drone Aire

Attn: Charles Loftin

Ph:817-307-1823

Email: droneaire@gmail.com

We are prepared to modify or amend any part of this request to satisfy the need for 

an equivalent level of safety. We look forward to working with your office. Please 

contact us at any time if you require additional information or clarification.

Sincerely,

Charles Loftin

CEO Drone Aire