E-STREAM.COM,	INC.	REQUEST	FOR EXEMPTION 1

																				

February	19,	2016

Frank	D.	Keeler

E-STREAM.COM,	Inc.

30801	Pinedale	Dr.

Tehachapi,	CA	93561

(805)	804-3381

frank.keeler@e-stream.com

UNITED	STATES	DEPARTMENT	OF	TRANSPORTATION	DOCKET	MANAGEMENT	SYSTEM

1200	New	Jersey	Ave.,	SE

West	Building	Ground	Floor

Room	W12-140

Washington,	DC	20590

Re:	Request	for	Exemption under	Section	333	of	the	FAA	Modernization	and	Reform	Act	of

2012	and	14	CFR	Part	11.

Dear	Sir	or	Madam:

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

CFR	Part	11,	E-STREAM.COM,	Inc. is	seeking	a	request	for	an exemption	from	the	Federal	

Aviation	Regulations	(FAR)	listed	below	so	that	E-STREAM.COM,	Inc.	may	operate	Small	

Unmanned	Aircraft	Systems	(UAS’s)	commercially	in	airspace regulated	by	the	FAA.	

E-STREAM.COM,	Inc. has	been	involved	in	videography,	engineering,	and	Internet	live	

broadcasting	since	1996.	Frank	D.	Keeler has	been	an	Instrument	Rated	Private	Pilot	for	almost	

40	years	and	in	addition	to	flying	complex	aircraft,	has	experience	piloting	UAS	and	RC	planes	as	

recreational devices	and	would	like	to	expand	into	operating	UAS,	specifically	the	DJI Phantom	3	

Advanced and	Professional,	in	the	commercial	market.

Specifically, to	conduct	aerial	photography,	videography, and	inspection,	as	long	as	such	

operations are	conducted	within	and	under	the	conditions	outlined	herein	or	as	established	by	

the	FAA	as required	by	Section	333.	These	activities	include	but	may	not	be	limited	to:

1. Aerial	inspections	in	the	oil	and	gas	- on	and	off	shore,	utilities	and	wireless	

infrastructures and	its	assets,	solar	and	wind	turbine	power	systems including	

residential	and	commercial	applications.

2. Television	production	and	other	aerial	photography	and	videography	pertaining	to	the

media.

3. Aerial	inspection	surveys	including	roofing,	all	phases	of	constructions,	farm,	agriculture,	

oil	and	gas,	and	solar	and	wind	turbine systems.

4. Wild	life	population	and	detection.

5. Aerial	imagery	for	search	and	rescue,	police	and	law	enforcement	assistance.

6. Aerial	photography/	videography	for	marketing and	training,	including commercial	and	

residential real	estate.
																	

E-STREAM.COM,	INC.	REQUEST	FOR EXEMPTION 2

As	described	below,	the	requested	exception	would	permit	the	operation	of	lightweight	(less

than	55	lbs.	total	takeoff	weight)	UASs	under	controlled	conditions	for	commercial	use	by	a

trained	UAS	operator	as	outlined	in	Section	333	of	the	Reform	Act. E-STREAM.COM,	Inc.,	in	

keeping	with	the	regulations,	will	be	utilizing	the	DJI Phantom	3 Advanced and Professional,	with	

a	total	gross	weight	of less	than	55	pounds.	UAS	will	not	carry	passengers	or	payload	for	hire or	

compensation.	It	operates	at	a	speed	less	than	50	knots	and	has	the	capability	to	hover	and

move	in	the	vertical	and	horizontal	plane	simultaneously. The	UAS	will	operate	within	the	line of	

sight	within	a	protected	flight	area	as	described	below	and	at	400	feet	AGL	or below.	These

operations	will	not	create	a	hazard	to	users	of	the	airspace,	neither	public	nor	environmental.

The	control	and	video	acquisition of	the	UAS will	be	at	a	frequency	of 2.4	GHz	that	can	operate	

at	a	distance	of	up to	5,000	meters.

E-STREAM.COM,	Inc. respectfully	requests	the	grant	of	an	exception	to	the following	specific

sections	of	the	Title	14	Code	of	Federal	regulations	allowing	it	to	operate	lightweight	UASs	for

commercial	use:

14	CFR	21,	subpart	H,	14	CFR	45.23	(b),	14	CFR 61.113	(a	&	b), 14 CFR	91.7	(a),	14	CFR	91.9	(b)	

(2), 14	CFR	91.103	(b),	14	CFR	91.109, 14	CFR	91.119,	14	CFR	91.121,	14	CFR	91.151	(a),	14	CFR	

91.203	(a & b),	14	CFR	91.405	(a),	14	CFR	91.407	(a)(1),	14	CFR	91.409	(a	&	b),	14	CFR	91.417 (a	

&	b).

E-STREAM.COM,	Inc. submits this	application	in	accordance	with	the	Reform	Act	seeking	relief

from	any	currently	applicable	FAR’S	operating	to	prevent	E-STREAM.COM,	Inc. future

commercial	use	of	small	UASs	to	operate	in	the	national	airspace	system	as	described	below.

The	Reform	Act Section	333	provides	for	such	integration	of	civil	unmanned	aircraft	into	our

national	airspace	system	as	it	is	in	the	public’s	interest	to	do	so.	E-STREAM.COM,	Inc. UASs

(DJ	Phantom	3	Advanced and	Professional)	meets	the	definition	of	“small	unmanned	aircraft”	as	

defined	in Section	333	and	therefore the	integration	of	these	UASs	are	expressly	contemplated	

by	the Reform	Act.	E-STREAM.COM,	Inc. would	like	to	operate	its	lightweight	UAS	prior	to	the	

time period	by	which	the	Reform	Act	requires	the	FAA	to	promulgate	rules	governing	such	

aircraft. The	Reform	Act	directs	the	Secretary	of	Transportation	to	consider	whether	certain	

unmanned aircraft	systems	may	operate	safely	in	national	airspace	before	completion	of	the	

rule	making required	under	Section	333	of	the	Reform	Act.	In	making	this	determination,	the	

Secretary	of Transportation	is	required	to	determine	which	UASs	do	create	a	hazard	to	users	of	

the	national airspace	system	or	the	public	or	pose	a	threat	to	national	security	in	light	of	the	

following: The	UASs	size,	speed,	weight	and	operational	capability, Operation of	the	UASs	in	

close	proximity	to	airports	and	populated	areas Operation	of	the	UASs	within	visual	line	of	sight	

of	the	operator.

The	DJI Phantom	3	Advanced	and	Professional	meets	the	aforementioned	specifications	on	size,	

speed,	weight and	operational	capability	as	follows:

Weight	(including	battery	and	propeller)	1280	g

Diagonal	Size	(including	propeller)	590	mm

Max	Ascent	Speed	5	m/s

Max	Descent	Speed	3	m/s

Max	Speed	16	m/s
																	

E-STREAM.COM,	INC.	REQUEST	FOR EXEMPTION 3

Max	Altitude	Above	Sea	Level	6000	m

GPS	Mode	GPS/Atti

Please	note	any	other	pertinent	specifications	at	www.dji.com.

The	very	small	nature	of	these	UASs	combined	with	the	safe	guards	presented	below,	will	allow

for	the	safe	operation	greater	than	that	envisioned	by	Congress	for	the	FAA	to	establish	and	by

exemption	allow	commercial	operations	of	UASs	to	commence	immediately.	Also,	due	to	the

size	of	UASs	and	the	areas	and	altitudes	they	will	operate	approval	of	this	exception	presents no	

national	security	issues	and	absolutely	minimal	safety	concerns	which	have	been	mitigated

through	trained	risk	management	guidelines.	Given	the	clear	direction	expressed	in	Section 333	

of	the	Reform	Act,	the	authority	contained	in	the	Federal	Aviation	Act,	as	amended,	the strong	

equivalent	level	of	enhanced	safety,	reduced	emissions	utilizing	UASs	verses	traditional aircraft,	

as	well	as,	the	economic	impact	of	greatly	reducing	the	cost	of	aerial	photography	and

videography,	thereby	imposing	a	benefit	to	the	greater	public.	Accordingly,	the	applicant

requests	that	the	FAA	grant	the	requested	exemption	without	delay.

The	following	will	be	considered	as	the	binding	limitations	of	operations	for	E-STREAM.COM,	

Inc.:

1. Flights	will	only	occur	in	the	daytime	hours

2. Flights	will	be	operated	in	the	line	of	sight	of	the	trained	operator	(PIC)	and	

Observer	(VSO)

3. Flights	will	be	terminated	at	any	time	weather	and	wind	deteriorate	to	“unsafe	for	

flight”	by manufacturers	recommendations

4. The	UAS	will	weigh	less	than	55	lbs.

5. Flights	will	be	operated	at	400	feet	AGL	or	less.

6. PIC	will	do	a	thorough	preflight	inspection	just	as	he	would	with	any	airplane	

operation

7. Operator	and	crew	will	remain	in	contact	during	flight	operation

8. The	UASs	operator	will	perform	a	check	of	the	flight	area and	make	certain	of	the	

safety of	all persons	in	the	area

9. Consent	will	be	obtained	from	all	person	within	the	video	capabilities	of	the	units	to	

further reduce	the	chance	of	violating	anyone’s	privacy

10. All	required	FAA	clearances	will	be	obtained	and	distances	from	airports	strictly	

observed

11. All	UASs	will	have	the	capability	to	return	automatically	to	the	operator’s	designated	

take	off	and landing	location,	in	a	safe	manner	with	the	auto	return	function	

checked	and	working	with appropriate	GPS	connection

12. Flights	will	only	operate	in	VFR	conditions

13. UASs	have	a	function	on	the	control	to	tell	operator	the	distance	away	from	

operator,	altitude	and battery	power	remaining,	and	operating	status

14. Flight	team	will	communicate	by	voice	and	the	use	of	two-way	radio	if	the	area	is	

too	great	for verbal	communication	from	all	team	members,	an	observer	will	always	

be	present.
																	

E-STREAM.COM,	INC.	REQUEST	FOR EXEMPTION 4

The	extent	of	relief	sought	by	E-STREAM.COM,	Inc. and	the	reason	relief	is	sought

The	following	section	will	describe	the	extent	of	relief	E-STREAM.COM,	Inc.	seeks	in	each	section	

of	14	CFR	requested,	as	well	as	reasons	why	the	exemption	would	not	adversely	affect	safety	or	

how	the	exemption	would	provide	a	level	of	safety	at	least	equal	to	the	existing	rule:

14	CFR	61.113	(a)	&	(b):	Pursuant	to	14	CFR	61.113	(a)	&	(b),	no	person	who	holds	a	private	pilot	

certificate	may	act	as	a	pilot	in	command	of	an	aircraft	that	is	carrying	passengers	or	property	

for	compensation	or	hire.	The	FAA	has	found	in	previous	grants	of	exemption	that	a	PIC	with a	

private pilot	certificate	operating	a	UAS	would	not	adversely	affect	operations	in	the	NAS	or	

present	a	hazard	to	persons	or	property	on	the	ground.	Request	relief	with	limitations	and	

conditions	specified	in	this	petition.	(This	request	is	similar	in	all	material	aspects	to	request	for	

same	in	grant	of	exemption	for	Troy	Built	Models	number	11493	Regulatory	Docket	No.	FAA–

2015–0315	&	Aerius	Flight	LLC	number	11240	Regulatory	Docket	No.	FAA-2014-0894)

14	CFR	61.133	(b): Commercial	pilot	privileges	and	limitations. The	FAA	has	found	in	previous	

grants	of	exemption	that	a	PIC	with	a	private pilot	certificate	operating	a	UAS	would	not	

adversely	affect	operations	in	the	NAS	or	present	a	hazard	to	persons	or	property	on	the	

ground.	Request	relief	with	limitations	and	conditions	specified	in	this	petition.

14	CFR	91.103: Pre	Flight	action.	This	regulation	requires	each	pilot	in	command	to	take	certain	

actions	before	flight	to	insure	the	safety	of	flight.	As	FAA	approved	rotorcraft	flight	manuals	will	

not	be	provided	for	the	aircraft	an	exemption	will	be	needed.	The	PIC	will	take	all	actions	as	

stated	in	the	FOM	in	Section	4	under	Normal	Procedures	including	but	not	limited	to	reviewing	

weather,	flight	battery	requirements,	landing	and	takeoff	distances	and	aircraft	performance	

data	before	initiation	of	flight.	(This	request	is	similar	in	all	material	aspects	to	request	for	same	

in	grant	of	exemption	for	Troy	Built	Models	number	11493	Regulatory	Docket	No.	FAA–2015–

0315)

14	CFR	91.109: Flight	instruction.	Section	91.109 provides	that	no	person	may	operate	a	civil	

aircraft	(except	a	manned	free	balloon)	that	is	being	used	for	flight	instruction	unless	that	

aircraft	has	fully	functioning	dual	controls.	UAS	and	remotely	piloted	aircraft,	by	their	design	do	

not	have	fully	functional	dual	controls.	Flight	control	is	accomplished	through	the	use	of	a	

control	box	that	communicates	with	the	aircraft	via	radio	communications.	The	FAA	has	

approved	exemptions	for	flight	training	without	fully	functional	dual	controls	for	a	number	of	

aircraft	and	for	flight	instruction	in	experimental	aircraft.	The	equivalent	level	of	safety	provided	

by	the	fact	that	neither	a	pilot	nor	passengers	will	be	carried	in	the	aircraft	and	by	the	size	and	

speed	of	the	aircraft.	(This	request	is	similar	in	all	material	aspects	to	request	for	same	in	grant	

of	exemption	for	Aerius	Flight	LLC	number	11240	Regulatory	Docket	No.	FAA-2014-0894)

14	CFR	91.203	(a)(1)	Subpart	H:	Airworthiness	Certificate: 14	CFR	91.7(a),	91.203	(a)(1)	Subpart	

H,	entitled	Airworthiness	Certificates,	sets	forth	requirements	for	procurement	of	necessary	

certificates	in	relation	to	FAR	91.203	(a)(1).	The	size,	weight	and	defined	area	of	operations	for	

E-STREAM.COM,	Inc.	UASs	(DJI Phantom	3	Advanced	and	Professional)	flights	permits exception	

from	Part	21	because	they	meet	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	4470(f)	and	exemption	333	of	the	Reform	Act.	Both	
																	

E-STREAM.COM,	INC.	REQUEST	FOR EXEMPTION 5

pieces	of	legislation	permit	the	FAA	to	exempt	USAs	from	airworthiness	certificates	in	

consideration	of	weight,	size,	speed,	maneuverability	and	proximity	to	areas	such	as	airports	

and	dense	populations	(see	specs	above	and	limitations	of	operations	described	above).	ESTREAM.COM,	Inc.	meets	or	exceeds	each	of	these	elements.

14	CFR	91.7(a):	See	above	comments	in	14	CFR	91.203	(a)(1)	Subpart	H.

14	CFR	91.9	(b)(2): 14	CFR	91.9	(b)(2)	requires	an	aircraft	flight	manual	in	the	aircraft.	As	there	

are	no	pilots	or passengers,	and	given	the	size	of	the	UAS’s,	this	regulation	is	inapplicable.	An	

equivalent	level of	safety	will	be	achieved	by	maintaining	such	certifications	and	registration	at	

E-STREAM.COM,	Inc. operations	center.	Furthermore,	as	outlined,	prior	to	each	activity,	a	

thorough inspection	of	the	UAS	will	be	followed	including	parts,	propellers,	and	battery. The	

FAA	has	previously	issued	exemptions	to	this	regulation	in	Exemption	Numbers	8607, 8737,	

8738,	9299,	9299A,	9565,	9565B,	10167,	10167A,	10602,	10700,	and	32827.

14	CFR	91.119: 14	CFR	91.119 Minimum	safe	altitudes,	prescribes	safe	altitudes	for	operation	of	

civil	aircraft.	It allows	helicopters	to	be	operated	at	lower	altitudes	in	certain	conditions.	ESTREAM.COM,	Inc. will	only	operate	its	UASs	at	or	below	400	feet.	They	will	be	operated	on	a	

well-defined	AOR that	has	been	carefully	reviewed	for	hazards	and	minimizes	the	presence	of	

any	persons	not essential	for	these	operations.	Flights	will	only	be	over	private	property	that	the	

owner	has consented	or	official	representatives	who	have	signed	waivers	and	all	persons	within	

this	video	area	also	have	given	permission	for	filming. Compared	to	flight	operations	of	

conventional	and	traditional	aircraft	or	rotorcraft	weighing	far more	1000	pounds,	operating	

below	500	AGL	with	flammable	fuel	UASs	operations	present	a far	smaller	risk	to	the	public.

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	safety	

check	list	and	live	flight	data	monitoring,	confirming	the	altitude	of	the	launch	site	shown	on	the	

GPS	altitude	indicator	before	flight.	(This	request	is	similar	in	all material	aspects	to	request	for	

same	in	grant	of	exemption	for	Aerius	Flight	LLC	number	11240	Regulatory	Docket	No.	FAA2014-0894	&	High	Adventure	Air	Inc.	number	11461	Regulatory	Docket	No.	FAA-2015-0270)

14	CFR	91.151(a): Fuel	requirements.	Section	91.151	(a)	prohibits	an	individual	from	beginning	

“a	flight	in	an	airplane	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	– (1)	During	the	day,	to	fly	after	that	for	at	least	30	minutes;	or	(2)	At	

night,	to	fly	after	that	for	at	least	45	minutes.”	The	battery	powering	the	UAS	provides	

approximately	25 minutes	of	powered	flight.	To	meet	the	30	minute	reserve	requirement	in	14	

CFR	§91.151,	UAS	flights	would	be	limited	to	0	minutes	in	length.	Given	the	location	of	its	

proposed	operations	within	a	predetermined	area,	a	longer	time	frame	for	flight	in	daylight	or	

twilight	VFR	conditions	is	reasonable.	Applicant	believes	that	an	exemption	from	14	CFR	

§91.151(a)	falls	within	the	scope	of	prior	exemptions.	Operating	the	UAS,	in	a	controlled	area	

where	only	people	and	property	owners	or	official	representatives	who	have	signed	waivers	will	

be	allowed,	with	less	than	30	minutes	of	reserve fuel,	does	not	engender	the	type	of	risks	that	
																	

E-STREAM.COM,	INC.	REQUEST	FOR EXEMPTION 6

Section	91.151(a)	was	intended	to	alleviate	given	the	size	and	speed	of	the	small	UAS.	

Additionally,	limiting	UAS	flights	to	0	minutes	would	greatly	reduce	the	utility	for	which	the	

exemption	will	be	granted. Applicant	believes	that	an	equivalent	level	of	safety	can	be	achieved	

by	limiting	flights	to	20 minutes	or	80%	of	battery	power— whichever	happens	first.	This	

restriction	would	be	more	than	adequate	to	return	the	UAS	to	its	planned	landing	zone	from	

anywhere	in	its	limited	operating	area.	(This	request	is	similar	in	all	material	aspects	to	request	

for	same	in	grant	of	exemption	for	Aerius	Flight	LLC	number	11240	Regulatory	Docket	No.	FAA2014-0894)

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	“will	have	that	aircraft	inspected	as	

prescribed	in	subpart	E	of	this	part	and	will	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	will	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	applicant.	The	operator	pursuant	to	the	flight	manual	and	

operating	handbook	will	accomplish	maintenance.	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	a	limited	period	of	time.	If	mechanical	issues	arise	the	UAS	can	land	

immediately	and	will	be	operating	from	no	higher	than	400	feet	AGL.	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.	An equivalent	level	of	safety	will	be	achieved	because	maintenance	

and	inspections	will	be	performed	in	accordance	with	the	UAS	Manufacturer's	User	Manual.	The	

operator	will	ensure	that	the	UAS	is	in	working	order	prior	to	initiating	flight	and	perform	

required	maintenance	needed.	(This	request	is	similar	in	all	material	aspects	to	request	for	same	

in	grant	of	exemption	for	Troy	Built	Models	number	11493	Regulatory	Docket	No.	FAA–2015–

0315	&	Aerius	Flight	LLC	number	11240	Regulatory	Docket	No.	FAA-2014-0894)

Approval	of	these	333	Exemptions	allowing	commercial	operations	of	small	UASs	in	the	service

of	aerial	photography	and	aerial	inspections	for	compensation	will	greatly	enhance	safety	of	the

public	and	its	interest	by	reducing	the	overall	risk	associated	with	traditional	aircraft.	Traditional

aerial	photography	requires	large	aircraft	with	hydrocarbon	combustible	engine	that	emits	

green house	gasses	into	the	atmosphere	and	also	requires	them	to	fly	in	close	proximity	of	

populated areas	and	people	in	general.	Use	of	small	UASs	of	55	pounds	or	less,	battery	operated	

and flying	below	400ft	AGL, the	risk	of	injury	of	people	on	the	ground	or	the	crew	has	been	

reduced or	almost	eliminated.	The	granting	of	the	use	of	these	small	UASs	to	E-STREAM.COM,	

Inc. will give people	safe	and	legal	access	to	obtain	aerial	photographs,	as	well	as,	aerial	

inspections that	will	have	a	positive	impact	from	reduced emissions	in	to	the	atmosphere	and	

safer	for	the public	and	its	interest.

Granting	E-STREAM.COM,	Inc. the	above	requested	exemption	will	allow	for	the	expansion	of

UAS	systems	into	the	future	for	the	safe	conduct	of	important	commercial	operations.	ESTREAM.COM,	Inc. respectfully	requests	the	FAA	to	grant	its	exception	without	delay.	The	FAA	

has	the	authority	to issue	the exemption	sought	by	E-STREAM.COM,	Inc. pursuant	to	the	Federal	

Aviation	Act	85 P.L.	726	(1958)	as	amended	(the	ACT).
																	

E-STREAM.COM,	INC.	REQUEST	FOR EXEMPTION 7

Respectfully,

E-STREAM.COM,	Inc.

Frank	D.	Keeler

President

Manuals	for	the	DJI	Phantom	3	Advanced	and	Professional	UASs	attached	file is	too	large	to	

upload.	Here	is	a	link	to the	Manual	for	the	DJI	Phantom	3	Advanced/Professional.	

http://www.dji.com/product/phantom-3/download