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July 07, 2015 

Eric Koehler ATP, CFI, CFII Certificate #3444949

SelectAir, LLC

68 Split Rock Road

Boonton, NJ 07960

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 91.103; 

91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b). 

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, SelectAir, LLC, an aviation training facility operating under Part 61 and an operator of 

Small Unmanned Aircraft Systems (“sUASs”) for aerial image acquisition including but not limited to, the 

following industries: motion picture and television, real estate, short range inspection, mapping & 

survey, agriculture, search & rescue, hereby applies for an exemption from the following Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its sUASs. 

14 CFR 61.113(a) and (b)

14 C.F.R. 91.103

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151(a)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) and (b)

The name and address of the applicant is: 

Eric Koehler ATP, CFI, CFII Certificate #3444949

SelectAir, LLC

68 Split Rock Road

Boonton, NJ 07960

Phone: 908-447-7444

SelectAir, LLC's requested exemption would permit the operation of sUAS under controlled and secure 

conditions that is: (i) limited, (ii) predetermined, (iii) subject to controlled access, and (iv) provide 

greater safety in connection with aircraft operations. As established by the exemptions already granted 
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by the FAA, approval of SelectAir, LLC's exemption would enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe 

operation of such aircraft systems in the national airspace system.” 

The sUASs operated by SelectAir, LLC weigh less than 55 pounds, including the payload (i.e. camera, 

lens, and gimbal). They operate at speeds of no more than 50 knots, can hover, and can simultaneously 

move vertically and horizontally. SelectAir, LLC will only operate its sUASs in line of sight and will operate 

only within the secure 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.” 

Given the small size of SelectAir, LLC's sUASs and the restricted secure environment within which they 

will operate, SelectAir, LLC's sUAS operations adhere to the Reform Act’s safety requirements. 

Additionally, due to the size of the sUASs, permission from relevant property owners or other applicable 

parties, and the limited areas in which they will operate, approval of this application presents no 

national security issues. Based on the substantial level of safety surrounding the proposed operations, 

and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced 

emissions and noise), the grant of the requested exemption is in the public interest. Accordingly, 

SelectAir, LLC respectfully requests that the FAA grant the requested exemption. 

Aircraft and Equivalent Level of Safety 

The operating limitations proposed by SelectAir, LLC provide for at least an equivalent or higher level of 

safety because operations further enhance safety of aerial image collection using conventional aircraf

The limitations and conditions include: 

• The sUASs will weigh less than 55 pounds.

• Flights will be operated within line of sight of a pilot and/or observer. 

• Maximum flight time for each operational flight will be no more than 30 minutes. Flights will be 

terminated at no less than 25% battery power reserve should that occur prior to the 30 minute 

limit. 

• Flights will be operated at an altitude below 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 the Visual Observer.

• A sUAS pilot will be an FAA licensed airman with at least a sport pilot’s certificate, and third class 

medical or valid US or Canadian drivers license. 

• A sUAS pilot will be Pilot in Command (PIC). 

• The sUAS will only operate within a confined secure area as defined in the FOPM. 

• A briefing will be conducted for planned sUAS operations prior to each day’s flight. All personnel 

performing duties within the boundaries of the safety perimeter are required to attend. 

• The operator will obtain consent of all persons involved in the filming and ensure that only 

consenting persons will be allowed within 500 feet of the flight operation. 

• The Pilot and observer must be trained in sUAS operations and have received current information 

on the particular sUAS to be operated as required by the FOPM. 

• The Observer and pilot will be able to communicate by voice and/or text at all times. 
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• Written and/or oral permission from the relevant property holders will be obtained prior to flight 

operations. 

• All appropriate permissions and permits will be obtained from territorial, state, county, or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

• If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return 

to a pre-determined location within the secure perimeter and land. 

• The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command 

Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Eric Carl Koehler is a 

holder of an Airline Transport Pilot certificate. However, since the sUAS 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 have a private pilot’s license rather than a commercial pilot’s 

license to operate a sUAS. Unlike a conventional manned aircraft, a sUAS is remotely controlled by a 

ground-based operator. The operational area is controlled and restricted, and all flights are planned and 

coordinated in advance. The level of safety exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. The risks associated with the use of a 

sUAS are so diminished from the level of risk associated with commercial operations contemplated by 

Part 61 allowing sUAS use by a sport pilot as the PIC exceeds the present level of safety sought by 14 

C.F.R. §61.113 (a) and (b). 

14 C.F.R. § 91.103: Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As 

FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an 

equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, 

flight battery requirements, landing and takeoff distances, and aircraft performance data before 

commencement of flight. 

14 C.F.R. §91.119(c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in 

pertinent part, that: “except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes: ..... 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure.” 

Because SelectAir, LLC requests authority to operate at altitudes no higher than 400 AGL, and not more 

than 200 above an elevated platform from which filming is planned, an exemption is needed to allow 

such operations. Except for the limited conditions stated in the FOPM, the sUAS will never operate 

higher than 400 AGL. It will, however, be operated in a restricted area within a security perimeter, 

where buildings and people will not be exposed to operations without their pre-obtained consent. 
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The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS as well as 

the location where it is operated. No flight will be taken without the permission of property owners or 

local officials. Because of the advance notice to the property owners and participants in the filming 

activity, all affected individuals will be informed of the planned flight operations. Compared to flight 

operations for manned aircraft and the lack of flammable fuel, any risk associated with the proposed 

sUAS operations is far less than conventional aircraft operating at or below 500 AGL. In addition, the 

low-altitude operations of the sUAS will ensure separation between a sUAS and conventional aircraft.

 

14 C.F.R. §91.121: Altimeter Settings 

Section 91.121 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 a sUAS may not have a barometric altimeter, but instead a GPS altitude 

data, an exemption is needed. An equivalent level of safety will be achieved by the operator, pursuant 

to the FOPM and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. 

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions 

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 . . . .” 

The typical battery powering the SelectAir, LLC sUASs provides less than 30 minutes of powered flight. 

To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flight would not be possible. Given 

the limitations on the sUAS’s proposed flight area and its proposed operations within a predetermined 

location, a longer time frame for flight in daylight VFR conditions is reasonable. Furthermore, operating 

the sUASs in a tightly controlled area where only people, property owners, or official representatives 

who have signed waivers will be allowed, less than 30 minutes of reserve fuel does not engender the 

type of risk that §91.151(a) was intended to address. 

SelectAir, LLC believes that safety can be achieved by limiting flights to 30 minutes or 25% of battery 

power, whichever occurs first. This restriction would be more than adequate to return the sUAS to 

its predetermined landing zone from anywhere in its limited operating area. !

14 C.F.R. §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 SelectAir, LLC operations. Maintenance will be accomplished by the operator. 

An equivalent level of safety will be achieved because the sUASs are limited in size, will carry a small 

payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the 

sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the 
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FOPM, the operator will ensure that the sUAS is in working order prior to flight, perform any required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the sUAS and best suited to maintain it in an airworthy condition. 

Summary for Publication 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed: 

SelectAir, LLC seeks an exemption from the following rules: 

14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 

91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small unmanned 

vehicle (55 pounds or less) in commercial image acquisition operations. 

As established by the sUAS exemptions already granted by the FAA, allowing commercial operations of 

sUASs in agriculture, real estate, inspection, S & R, and film industries will enhance safety by reducing 

risk. Conventional survey, agricultural, mapping, inspection, and film operations, using turbine aircraft, 

operate at low altitudes and present the risks associated with aircraft that weigh around 4,000 pounds, 

and which carry large amounts of Jet A fuel. Such aircraft must also fly to and from the target location. In 

contrast, a sUAS weighing fewer than 55 pounds and powered by batteries eliminates virtually all of that 

risk given the small size and lack of combustible fuel. The sUAS is carried, and not flown, to target site. In 

this regard, the sUAS carries no passengers or crew and, therefore, will not expose them to the risks 

associated with manned flights. 

The operation of sUASs conducted in the strict conditions outlined in the FOPM will provide an 

equivalent level of safety supporting the grant of the exemption requested herein. The sUASs operate at 

slow speeds, close to the ground, and in a secure environment. As a result, they are far safer than 

conventional operations conducted with turbine helicopters flying near the ground and people. 

Privacy 

All flights will occur over private or controlled access areas with the property owner’s prior consent and 

knowledge. Recognizable images will only be recorded of people who have given their consent or 

otherwise have agreed to be in the area where active image acquisition will take place. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security) provide more than adequate justification to grant SelectAir, LLC’s requested 

exemption, allowing for SelectAir, LLC's sUAS commercial operations for the listed industries pursuant to 

the included FOPM. 

If you have any questions please call me at 908-447-7444.

Respectfully,

Eric Koehler