October 27, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act 

Eureka Prospecting Supplies

Ken Walls

Founder

(775) 846-6357

eurekaprospect@gmail.com

Dear Sir or Madam:

This petition is being submitted on our behalf with consulting services by the UAV Pilots 

Union.

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

Act), and 14 C.F.R. Part 11, Eureka Prospecting Supplies, digital production company, hereby 

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

operation of our Small Unmanned Aircraft System (sUAS) commercially in airspace 

regulated by the Federal Aviation Administration (FAA) so long as such operations are 

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

FAA as required by Section 333.

The requested exemption would permit Eureka Prospecting Supplies to pursue its 

commercial interests in providing services to clients using a small advanced sUAV in the 

following areas:

• Real Estate

• Marketing

• Surveying

• Industrial

• Special Events

• Local and National Natural and Man Made DisasterRescue

Eureka Prospecting Supplies states that all sUAS flights will occur over private or 

controlled access property will do so with the property owner's consent and knowledge 

and that only people who have consented or otherwise have agreed to be in the area 

where videography will take place.
Additionally, Eureka Prospecting Supplies sUAS pilots have over one and a 

half years UAS flight experience. All observers will attend a training and

certification course to insure the safety and observance of all FAA Laws, 

Rules, Guidelines and stipulations. At this training they will trained understand 

the proper roles of an observer, communication procedures, proper visual 

scan techniques, operations at non-towered airports and emergency

procedures.

Regulations from which exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (b)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91.401 - 91.417(a) & (b)

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

. Eureka Prospecting Supplies requests an exemption from the following 

regulations as well as any additional regulations that may technically apply 

to the operation of the sUAV System:

14CFR Part 21,Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness 

certificate. While the FAA continues to work to develop airworthiness 

standards for Unmanned Aerial Systems, we request an experimental 

certificate be issued for the OJI Inspire 1 under either, or both, of the 

following provisions:

21.191 Experimental certificates. Experimental certificates are issued for 

the following purposes:

(a ) Research and development. Testing new aircraft design concepts, 

new aircraft equipment, new aircraft installations, new aircraft operating 

techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and 

other operations to show compliance with the airworthiness regulations 

including flights to show compliance for issuance of type and supplemental 

type certificates, flights to substantiate major design changes, and flights to 

show compliance with the function and reliability requirements ofthe
regulations. Since the experimental certificate can be used for commercial 

purposes such as market surveys, sales demonstrations, and customer 

crew training, we would expect that an experimental certificate would 

permit our commercial purpose as well. The aircraft will not carry persons 

or property, will not carry fuel, and will only fly under strict operational 

requirements. Combined with the UA's light weight, beingconstructed

primarily of carbon fiber and plastic, we propose that the UA will be atleast 

as safe, if not safer, than a conventionally certificated aircraft performing 

the same mission. If an experimental airworthiness certificate is not 

appropriate for this application, then we request an exemption of 14 CFR 

Part 21, Subpart H, and the requirement for an airworthiness certificate in 

general, citing the equivalent level of safety outlined in the previous 

paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

The regulation requires:

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport 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 will have no entrance to the cabin, cockpit or pilot 

station on which the word "Experimental" can be placed. Given the size of the 

UAS, 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 UAS marked on its 

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

with the UAS will see the identification of the UAS as "Experimental."

14 CFR 61.113 Private pilot privileges and limitations: Pilot in 

Command and 61.133 Commercial pilot privileges and limitations. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Because the UAS will not carry a pilot or passengers, the proposed operations 

can achieve the equivalent level of safety of current operations by requiring the 

PIC operating the aircraft to operate under the supervision of a private pilot's 

license holder rather than a commercial pilot's license holder. Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing on board. The area of operation is controlled and
restricted, and all flights are planned and coordinated in advance as set forth in 

the GOM. The level of safety provided by the requirements included in the GOM 

exceed that provided by a single individual holding a commercial pilot's 

certificate operating a conventional aircraft. The risks associated with the 

operation of the sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the sUAS as requested with a private pilot in a supervisory role 

aiding the PIG exceeds the present level of safety achieved by 14C.F.R.

§61.113 (a) & (b).

14CFR 91.7 Prohibits the Operation of an aircraftwithout an 

airworthiness certificate.

As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard 

requirements. This regulation provides that no person may operate an 

aircraft unless a current, approved flight manual is in the aircraft. We 

assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We 

request an exemption to this requirement since the aircraft is notonly too

., small to carry documentation, the documentation would not be available 

to the crew during flight operations. To obtain an equivalent level of safety 

and meet the intent of 91.9, we propose that a current, approved sUAS 

Flight Manual must be available to the crew at the ground station anytime 

the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and 

certain flight tests.

The regulation states "No person may operate a civil aircraft that is being 

used for flight instruction unless that aircraft has fully functioning dual 

controls." The sUAS System ground-based control station consists of a 

hand-held radio transmitter and while it does not offer a second set of 

"controls", both the student and instructor can, and will, operate the single 

set of controls simultaneously. With both student and instructor having 

"hands-on" the controls during flight, this technique meets the intent91.109 

and provides an equivalent level of safety.

91.119Minimumsafealtitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot 

be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. Since the typical mission of the sUAS would be photography or 

survey of persons, vessels, vehicles or structures it would be necessary to 

operate closer than 500 feet to the items listed. Operations will only be 

flown over property or persons where permission has been obtained and
I

careful pre-planned has been performed. The aircraft will be operated at a

low altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. Therefore, we

maintain that due to the small size of the UAS, the hazard to persons, 

vehicles and structures is minimal compared to manned aircraft, which 

should be considered in granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by 

reference to an altimeter setting available within 100 NM of the aircraft.

The sUAS will always fly below 400 feet AGL and will not need tomaintain 

cruising altitudes in order to prevent conflict with other aircraft. An Above 

Ground Level altimeter measurement above the takeoff point is 

transmitted via radio from the sUAS on-board computer to the display 

screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight inVFR conditions.

i . The regulation provides that no person may begin a flight in an airplane

Junder day- vFR conditions unless there is enough fuel to fly to the first

point of intended landing and to fly after that for at least 30 minutes.We

feel the intention of this paragraph is to provide an energy reserve as a 

safety buffer for delays to landing. The sUAV is battery operated and

the maximum duration of flight from a single battery charge is 15 minutes 

with a 30% reserve. Since the aircraft will never fly more than 1 NM from 

the, point of intended landing, a full battery charge at launch will ensure

that we meet the reserve energy requirement of this paragraph. We

request an exemption to the word "fuel" and ask for an equivalent 

interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the 

registration number assigned to the aircraft and a registration certificate 

must be aboard the aircraft. Additionally, subparagraph (b) provides that 

the airworthiness certificate be "displayed at the cabin or cockpitentrance 

so that it is legible to passengers or crew." At a maximum gross weight of 

under 6.5 pounds, the sUAS is too small to carry documentation, does not 

have an entrance, and is not capable of carrying passengers or crew. To 

obtain an equivalent level of safety and meet the intent of 91.203, we 

propose that documents deemed appropriate for this aircraft by the FAA 

will be co-located with the crew at the ground control station and available 

for inspection upon request. In order to identify the aircraft, we propose 

that the information found on airworthiness and registration certificates be 

permanently affixed to the aircraft via placard containing the following 

information plus the word "EXPERIMENTAL" to satisfy the requirement of
14 CFR45.23.

14 CFR Subpart E91.401- 91.417 - Maintenance, Preventive 

Maintenance, Alterations

The regulation provides that the operator is primarily responsible for 

maintaining the aircraft in an airworthy condition, including compliance with 

part 39 and43.

Paragraphs 91.407 and 91.409 require that the aircraft be "approved for 

return to service by a person authorized under 43.7" after maintenance and 

inspection. It is our intention that the PIC perform maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for 

return to service." The PIC will ensure that the aircraft is in an airworthy 

condition prior to every flight and in addition conduct detailed inspections 

after every two hours of flight. Maintenance performed by the PIC is limited 

to repairing small cracks, replacing a propeller, checking electrical 

connections and updating software and firmware for the on-board computer. 

All other maintenance will be performed by the manufacturer or their 

designated repair facility. The PIC will document work performed in 

accordance with 91.417. We feel that due to the size, construction, and 

simplicity of the aircraft, the PIC can ensure an equivalent level ofsafety.

All preflight checks will be signed, dated and retained and available at the 

request of the FAA.

Unmanned Aircraft System

sUAVs are often seen as superior to helicopters as an aerial video 

gathering platform due to the smaller devices cheaper equipment and 

personnel cost, reduced noise and as such, a much smaller environmental 

impact which promotes public safety.

Eureka Prospecting Supplies is petitioning for an exemption to operate one

UAS

Manufacture: DJI

Name: Phantom 3Pro

Model Number: P3P 

Weight: 2.82 Lbs.

Battery Name I Model: Intelligent Flight Battery P3P

Battery Capacity: 4880 mAh

The DJI Phantom 3 Professional features a built-in stabilized HD camera and 

GPS safety features which limit its ability to limit the height it flies above 

ground level (AGL), to limit the radius of the distance it flies from the operator 

and to exclude it from operations within designated Class B, C and O airspace 

including a no-fly zone feature. DJI Phantom 3 Professional also has a failsafe 

function that is triggered in the event communication is lost between the
sUAS and the main controller transmitter and secondary controller. At that 

time, the sUAS will return to its point of takeoff and land safety. If the 

connection is restored, the PIC can regain control of flight and land 

manually.

The DJI Phantom 3 Pro Remote

Control: Name I Model Number:

P3

Operating Frequency: 2.400-2.483 GHz 

Battery: 6000 mAh LiPo 2S

The DJI Phantom 3 Professional owners manual is available on 

the DJIWebsite: http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_U

ser_Manual_v1.4_en_0915.pdf

The specifications of the DJI Phantom 3 Professional meet with the Model 

Aircraft Operating Standards as set below:

1; • The petitioner will only operate its sUAS in line-of-sight of a pilot and/or

observer and will operate at sites that are 'sufficient distance' from 

populated areas within the sterile area described in the FOPM. Such 

operations will ensure that the sUAS will "not create a hazard to users 

of the national airspace system or the public."

• When flying the sUAS within three (3) miles of an airport, airport

operators will be notified and the operator will give the right-of-way to 

avoid flying in the proximity of full-scale aircraft

• Maximum flight time for each operation will be 30 minutes.

• Flights will be terminated when battery levels reach 25%, allowing 

sufficient reserve flight time to safely land the sUAS.

• The sUAS will be programmed so it will not be operated at an altitude 

that exceeds 400 feet AGL, and not more than 200 feet above an 

elevated platform from which videography is planned.

• Minimum crew for each operation shall consist of: sUAS pilot, a 

visual sUAS observer.

• The sUAS PIC will be an experience sUAS pilot

• The sUAS operated by the petitioner weighs less than 25 pounds, 

including all payload (i.e. camera, lens, and stabilized gimbal).

• The sUAS will operate at speeds of no more than 50 knots, can hover, 

and can simultaneously move vertically and horizontally.

• Given the small size of the sUAS and the restricted sterile 

environment within which it will operate, Eureka Prospecting 

Supplies' operations adhere to the Reform Act's safety 

requirements.
The fact the pilots have over one and a half years of experience 

flying sUAS's demonstrates Eureka Prospecting Supplies' high 

regard for safe operations with an understanding of FARs, pre-flight 

inspections, knowledge of operations and differences in airspace 

classifications, maintenance and repair, as well as being trained to 

high safety standards.

By providing this exemption Eureka Prospecting Supplies will serve the

public interest by providing natural and man made disaster search and 

recovery services at the request of local and national emergency responders 

at no fee for as long as required by any such disaster. Furthermore,

providing this exception will allow Eureka Prospecting Supplies to provide 

utility inspection services that pose a danger to utility workers.

Under the requested exemption, Eureka Prospecting Supplies ensures all 

operators have completed sUAS education and training programs including 

all applicable regulations and guidance documents; including aeronautical 

background information such as charts, NOTAMS and Aircraft Circulars; 

Radio Communications Procedures; Human Factors and Crew Resource 

Management; Basic sUAS Aerodynamics; Weather factors; Airmanship 

and Decision-making and Safe Operations Procedures.

We respectively request exemption under Section 333 to enable Eureka 

Prospecting Supplies to operate efficient, limited, low-risk commercial 

sUAS operations for the activities stated respecting at all times the space 

and privacy of citizens and property while keeping airspace safe.

Kenneth Walls

Eureka Prospecting Supplies

117748 Fiesta Ct.

Reno, Nevada 89508

(775) 846-6357