Drone Aire

3778 W Sixth Street Fort Worth, Texas 76107

817

- 307

- 1823 droneaire@g mail.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 Professi onal, 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 f light 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, an d 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 aeri al 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 n o people on board and will thereby reduce current risk levels, enhance safety anddiminish 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 ar e 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 requ iring 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 limi tations 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 utilize d 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 flig ht.

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 w ith 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 foll ows:

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 mode l of aircraft (UAS) d oes 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

equ ivalent 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 a re 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 ove r 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 “...t o 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 p ower (whichever happens first) will maintain

an ef ficient 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

trav eling 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 a s prescribed in subpart E of th is part and shall between req uired inspections, except as provided in paragraph (c) of this section, have discrepanciesrepaired as prescr ibed in part 43 of this chapter ...,” and others shall inspect or

maintain the aircraft in compliance with Part 43.

Given that these sections and par t 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 n o 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 fa miliar 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. Further more, two inch lettering is difficult to place on su ch 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 permit s 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 requir ement 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 sk ills of controlling the Drone Airesystem. The risk attendant to the operation of the Drone Aire system is far less t han

the risk levels inh erent in the commercial activities outlined in CFR 61. Thus, allowing Drone Aire to operate the Drone Aire system with a pri vate 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