Epicopter, LLC

1010 East Kuiaha, Haiku, 96708, Hawaii

P.O. Box 791091 

Phone: 808-866-8191

E-Mail: epicopter@gmail.com

Web: www.epicopter.com

August 8, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

Dear Sir or Madam:

This application is being submitted on my own behalf without legal council or consulting 

services.

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

and 14 C.F.R. Part 11, Epicopter, LLC, operator of Small Unmanned Aircraft Systems 

(“SUASs”) equipped to conduct aerial photography and videography, hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation 

of its SUASs, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive SUAS under controlled conditions in airspace that is 1) 

limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow 

Epicopter, LLC to conduct commercial operations of small unmanned aircraft systems (“UAS”) 

meeting or exceeding

all of the operational and safety requirements Congress has set forth in Section 333.

Epicopter, LLC is an image processing company that plans to exploit the capabilities of 

Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial filmmaking and photography
- Real Estate Photography

- Educational and research operations

- Aerial surveying

- Wildlife and forestry monitoring

- Remote sensing

- Event Photography/Videography

- Agriculture purposes

- Construction site inspections and monitoring

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft 

Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil UAS 

operations in the NAS. Section 333(a) states that the FAA “shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before 

completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act 

or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it 

clear that Section 333 provides a mechanism for “expedited operation authorization” if several 

factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS 

operations.

The Petitioner Requests Relief From the Following:

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (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. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System

SUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper 

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

impact which promotes public safety.
We are petitioning for exemption to enable Epicopter, LLC to operate a DJI Inspire 1 equipped 

with three-axis gimbals and using High-Def. cameras. This SUAS has a built- in capability to 

limit the height it flies above the ground, to limit the radius of the distance it flies from the 

operator and to exclude it from Class B, C and D airspace including a no fly zone feature. The 

Inspire 1 also has the failsafe function of the Naza-M autopilot system, which means when 

the communication between the Main Controller and the transmitter is disconnected, the 

outputs of all command sticks from controller will go to the center position. If the GPS signal is 

good enough, the system will automatically trigger Return to Home and will land safely.

The above specifications meet with the Model Aircraft Operating Standards as set below:

• Epicopter, LLC will only operate its SUAS in line of sight of a pilot and/or observer and 

will operate at sites that are a 'sufficient distance' from populated areas within the sterile area 

described in the FOPM. Such operations will insure that the SUAS will "not create a hazard to 

users of the national airspace system or the public."

• When flying SUAS within 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 operational flight will be 30 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 30 

minute limit.

• The SUAS will be programmed so that it will not be operated at an altitude of no more 

than 400 feet AGL, and not more than 200 feet above an elevated platform from which 

filming is planned.

• Minimum crew for each operation will consist of the SUAS Pilot, and Visual Observer.

• The SUAS operated by the petitioner weighs less than 55 pounds, including the payload 

(i.e. camera, lens, and 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 

they will operate, our SUAS operations adhere to the Reform Act's safety requirements

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

running on combustible fuel, it operates at lower altitudes with no people on board and will 

thereby reduce current risk levels and thereby 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.
Low level oblique photos and video from several angles are far more effective than ground 

based imagery for displaying the characteristics of large, complex properties with several 

buildings and large trees. The applicants in the past have chartered 2-seat full-sized helicopters 

for this purpose, which has proven more costly than many potential clients have been able to 

afford. 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 property.

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

nearby who might require assistance, including fire fighters, the police, the sheriff, et al., 

while remaining subject to all limitations cited in this application as we do so.

a. No flight will be made with a Gross weight exceeding 55 pounds;

b. All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at an 

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC;

c. All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a

flight operation;

d. Operations will be restricted to flights over private property with the permission of the 

property owner;

e. All required permits will be obtained from state and local government prior to operation;

f. Epicopter, LLC will not operate over densely populated areas;

g. Epicopter, LLC will not be operating over any open-air assembly of people;

h. Epicopter, LLC will not be operating over heavily trafficked roads;

i. Epicopter, LLC will not be operating within 5 NM of an airport or heliport;

We respectfully request exemption under Section 333 to enable Epicopter, LLC to operate 

efficient, limited, low-risk commercial SAUS operations for the activities stated respecting at 

all times the space and privacy of citizens and property whilst keeping our skies safe.

Sincerely,

Ido Cohen

Epicopter, LLC

1010 East Kuiaha, Haiku, 96708, Hawaii

P.O. Box 791091

E-Mail: epicopter@gmail.com 

Web: www.epicopter.com Phone: 808-866-8191

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF 

SAFETY
Epicopter, LLC requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the SUAS System:

14 CFR 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 DJI 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 of the 

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 lightweight, being constructed primarily of carbon fiber 

and plastic, we propose that the UA will be at least 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. These regulations provide 

that each aircraft must display "N" and the aircraft's registration number in letters at least 3 

inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at 

least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The SUAS does 

not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a 

registration number assigned to it by the FAA. We propose to achieve an equivalent level of 

safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as 

shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity 

of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we 

feel that the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground station a 

high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in 
letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground 

station, the banner should be visible to anyone that observes the aircraft and chooses to 

investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. The regulation provides that no person that holds 

a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. 

Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection 

with any business or employment if: (1) The flight is only incidental to that business or 

employment; and (2) The aircraft does not carry passengers or property for compensation or 

hire. Our proposed operations require that the PIC must hold at least a Recreational Pilot 

Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we 

feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is 

to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without 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 not only 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 small 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, we feel that this technique meets the intent 91.109 and provides an equivalent level of 

safety.

91.119 Minimum safe altitudes: 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 careful pre-flight planning 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 to maintain cruising altitudes in 

order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement 

above the launch and recovery 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 in VFR conditions. The regulation provides that no 

person may begin a flight in an airplane under 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 12 minutes with a 20% reserve. Since the aircraft will never fly more than

3f4 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 cockpit entrance so that it is legible to 

passengers or crew." At a maximum gross weight of 5.3 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 CFR 45.23.

14 CFR Subpart E (91.401- 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 and 43. 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 of safety.

Safety and Benefits of the UAS

Epicopter, LLC will be using the SUAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer 

myriad benefits over the use of full-sized manned aircraft for electric power line inspection, 

oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. 

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS 

carrying no passengers or crew creates a much greater margin of safety for the pilots and 

crew. By granting Epicopter, LLC requested exemptions, the FAA will help drive development 

of safe and successful commercial UAS operations and will advance the public knowledge 

base for such operations. Epicopter, LLC is committed to promoting the UAS research efforts of 

policymakers including the FAA, NASA, DOD and DARPA by sharing data from its 

commercial UAS operations and serving as a resource for future UAS research operations. 

Thus, the FAA has good cause to grant this Petition.

Conclusion

As pointed out in this application, all the SUASs which our company would use, under 

authorization by the US DOT-FAA, are small, light- weight devices operated within the line of 

sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles 

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, 

unless the air traffic control authorities (ATC) have been notified and have authorized each 

flight within a radius of this distance.

All our SUASs have proven capability for controlled flight. They are devices offered for general 

sale on the market around the world and have often been used as Model Aircraft in the USA. 

We are certain that the studies conducted until now by the FAA, about Section 332, Public 

Law 112-95, 2014, have already provided you with the assurances on the airworthiness of 

SUAs such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and Epicopter, 

LLC should be permitted to conduct small UAS operations in accordance with its manuals and 

all other operating parameters deemed necessary and appropriate by the FAA. The submission 

of this application and its contents is the best demonstration that indeed it is possible to pursue 

the authorization process so that some SUASs may be used for legitimate commercial activities 

and under reasonably safe conditions.
Epicopter, LLC

1010 East Kuiaha, Haiku, 96708, Hawaii

P.O. Box 791091

E-Mail: epicopter@gmail.com

Web: www.epicopter.com Phone: 808-866-8191