August 17, 2015

Exemption No. 12479 Regulatory Docket No. FAA

– 20 15

– 0860

Mr. Brett E. Lisa CEO ESRUAS, LLC 1889 Oak Park Drive North Clearwater, FL 33764

Dear Mr. Lisa :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter posted to the public docket on Ma rch 31, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of ESRUAS, LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct real estate, wildlife c onservation, and closed

- set filming

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 3 33. Therefore, the FAA finds that the requested relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is
not necessary

.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in a ll material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, ESRUAS, LLC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, ESRUAS, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are
not permitted.

3. The UA may not be operated at a speed exceedin g 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airs peed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform th e duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the4

Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitati ons herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revi sions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if que stions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functio nal test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such

a mann er so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection an d determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, an d life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private , recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. T he PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely ope rate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manne r consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- build ing flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during nigh t, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference poi nt (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s

m anagement is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a
pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available pow er for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All
ope rations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be ma de available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle

.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has gran ted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTO M) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filmin g conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;
g. Signature of exemption h older or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, an d the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on August 31, 2017 , unless sooner superseded or rescinded.

Sincerely, / s/ John S. Duncan Director, Flight Standards Service

EnclosuresU.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12

- 140 1200 New Jersey

Avenue, SE
., Washington, DC 20590



### Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012

To Whom I t May

Concern :

We are writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedure s contained in 14 C.F.R. ESRUAS is a proponent of the recent ly released docket no.: FAA

- 2015

- 0150; Notice No. 15

- 01 and will abide by and assist in the development of all
pro posed rules but seeks relief from 14 C.F.R. until further protocols, standards and tests are established. ESRUAS, LLC is dedicated to the development of unmanned aircraft, specificall y multi

- rotor aircraft ( aerial v ehicles with a minimum of four ((4 )) counter

- rotating propellers ) which are inherentl y stable with the ability to hover in place , and safet y/ fl ight procedures. Brett E. L isa , CEO, of ESRUAS, LLC seeks relief from specific procedures contained in 14 C.F.R.

ESRUAS has received requests of h igh definition aerial photography from numerous entities, that pertain, but are not limited to; Real Estate, Wildlife Conservation, and closed

- set filming. Brett E. L isa, owner and operator of small unmanned multi

- rotor aircraft , seeks relief, so the he ma y operate his small/lightweight unmanned aircraft s ys tems commerciall y in airspace close to airspace regulated by the FAA as required by

Section 333.

ESRUAS exemption request would permit its operation of small, lightweight, unmanned (remotel y c ontrolled with in line of sight) multi

- rotor aerial sy stems in tightly controlled and limited airspace. Predetermined, specific all y marked areas of operation, private property locations that correspond or surpass current safet y protocols will allow ESRUAS to operate within current safet y parameters and to aid in the development of new protocols being implemented. As i dentified, amateurs with no flight experience, safet y plan or controls in place to prevent catastrophe legall y operate similar lightweight, remote contro lled multi

- rotors

. ESRUAS is developing plans to monitor, evaluate and implement all of its UAS’s safel y.
The plans i nclude but are not limited to: pre

- flight visual inspection, pre

- flight mech anical inspection, in

- flight mechanical test , maintaining a vi sual of the aircraft and a flight log.

 Pre

- flight visual inspection includes examination of; propellers, motors,

electrical components and parts of the frame for chips, cracks, burns or
any other damage.

 Pre

- flight mechanical insp ection is powering on the aircraft, t ransmitter(s) and receiver(s)

– checking video feed and throttling up from 3 rd person point

- of

- view without takeoff to ensure function of drive components (propellers, motors and speed controllers). In

- flight mechanical test is done from 3 rd person point

- of

- view (pilot watches the aircraft) at low altitude (ey e level)

– the pilot puts maximum input of pitch, roll, y aw and throttle sharply into transmitter to ensure all axis of aircraft are full y capable.

 Maintain visual of aircraft through 3 r d person (pilot watches aircraft) operation or b y using a spotter during 1 st person (pilot sees point

- of

- view of aircraft) operation.

 A flight log documents the pilot in control, spotter, weather, area of operation and purpose of flight.

To date, ESRUAS has rejected all offers to work with interested parties on locations within the United States, to ensure it is in c ompliance with an y applicable F ARs. It, like other applicants, has done so despite Judge Patrick G. Geraght y's decision in the Raphael Pirker matter and his reasoning that no FARs prohibits the use of small, unmanned multi

- rotor aircraft or lightweight UASs like those flown b y other peer companies.

Gr anting ESRUAS’s request unites with the Secretary of Transportation's responsibilities to not only

integrate UASs into the national airspace sy stem, but to " ... establish requirements for the safe operation of such aircraft s ys tems [UASs] in the national airspace s ys tem" under Section 333(c) of the Reform Act. Further, ESRUAS will conduct its operations in compliance with the protocols described herein or as otherwise established b y the FAA.

Granting ESRUAS exemption would benefit the public in that Congress has alread y pronounced tha t it is in the public's interest to integrate commerciall y flown UASs into the national airspace s ys tem, hence the passing of the Reform Act. ESRUAS will conduct research into safe UAS operations for every flight of its UASs. Flight data, visual inspection s, recorded observations and flight analy ses will be compiled to further enhance current safet y protocols. Allowing ESRUAS to log more flight time directly relates to its research and its ability to further enhance cur rent safet y measures. The public has c ritical interest in reducing the danger and emission associated with current aerial cinematic capture methods, namel y, full size helicopters.

ESRUAS respectfull y requests the grant of an exemption allowing it to operate small, lightweight, remote control led multi

- rotor UASs in Class G airspace.

The specific s ections of Title 14 of the Code of Federal Regulations, ESRUAS requests exemption from :
14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a)(1); 14 CFR 409 (a)(2); and, 14 CFR 417 (a) & (b).

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91. 103(b) ; 91.119; 91.121 ; 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).**The Extent of ESRUAS Seeks and the Reason It Seeks Such Relief:**

ESRUAS submits this application in accordance with the Reform Act, 112 P.L . 95 §§ 331

- 334, seeking relief from an y currentl y applicable FARs operating to prevent ESRUAS contemplated commercial photograph y, research and other flight operatio ns within the national airspace
sy stem. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft
sy stems into our national airspace sy stem as it is in the public's interest to do so. ESRUAS lightweight UASs meet the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integration of ESRUAS lightweight UASs are expressl y contemplated by the Reform Act. ESRUAS would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft.

The Reform Act guides the Secretary in determining the t ypes of UASs that may operate safel y in our national airspace s ys tem. Considerations include:

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be operated near airports or populated areas; and, Whether the UAS will be operated b y line of sight.

112 P.L . 95 § 333 (a). Each of these items militates in favor of an exemption for ESRUAS

.

ESRUAS UASs utilizes four counter

- rotating propellers for precise control and stabil ity

. They each weigh less than 2 5 pounds, including photograph y or other equipment. Each of ESRUAS small unmanned air craft are designed to primarily hover in pla ce and operate at less than a 40 knot maximum speed. They are capable of vertical and horizontal operations but operate onl y within the line of sight of the re mote control pilot. I n addition to the remote control pilot, ESRUAS uses a spotter and a technician, such that, at minimum, two ESRUAS personnel govern the safe flight of an ESRUAS aircraft at all times.

Utilizing battery

power and not combustible fuels, fli ghts generall y last between two and twenty minutes. ESRUAS does not oper a te its UASs with less than twenty five percent battery capacity . Safet y s ys tems in place include a GPS mode that allows ESRUAS U ASs to hover in place if communication with the radi o control pilot is lost and then slowly descend the aircraft until landing . Further, ESRUAS aircraft are programmed to slowly descend when twent y five percent battery

capacit y has been reached

.

ESRUAS does not operate its UASs near airports and generally does not operate them near populated areas. ESRUAS only operates its UASs in predetermined areas and onl y in compliance with FAA regulations.

ESRUAS operation of its fleet of small
, unmanned aircraft will not "create a hazard to users of the national airspace s ys tem or the public." 112 P.L. 95 § 33 3 (b). Given the small size and weight of ESRUAS UASs, combined with their superior maneuverability and operation in well

- controlled areas, ESRUAS’s aircraft lay within Congres s' s contemplated safet y zone when it promulgated the Reform Act and the corresponding directive to integrate UASs into thenational airspace s ys tem. ESRUAS aircraft do not pose any threat to the general public or national securit y.

The FAA has the authori ty to issue the exemption to ESRUAS pursuant to the Federal Aviation Act, 85 P.L . 726 (1958), as amended (the "Act").

**Commercial and Public Benefits**

Granting ESRUAS exemption request furthers the public interest. First, Congress has alread y pronounced t hat it is in the public's interest to integrate commercially flown UASs into the national airspace s ys tem, hence the passing of the Reform Act. Second, ESRUAS conducts research into safe UAS operations every time it flies one of its UASs. Flight data, visu al inspections, recorded observations and flight anal yses are compiled to further enhance current safet y protocols. Allowing ESRUAS to log more flight time directl y relates to its research and its ability to further enhance current safet y measures. Third, the public has an interest in reducing the danger and emission associated with current aerial cinematic capture methods, namely , full size helicopters. ESRUAS’s UASs are battery powered and create no emissions. I f an ESRUAS UAS crashes there is no fuel to ignite and explode. The impact of ESRUAS”s lightweight UASs is far less than a full size helic opter, despite the statistically noteworthy

safety record of full size helicopters used in aerial picture capture. The public's interest is furthered by minimizin g ecological and crash impacts by permitting aerial photograph y capture through ESRUAS ’s lightweight UASs.

Progression of the arts and sciences has been fundamental to our societ y since its inclusion in the United States Constitution. I ndeed, Congress man dated the integration of UASs into our national airspace sy stem, in part, to achieve prog ression in this noteworthy , and inevitable, field. Permitting ESRUAS to immediately fl y within the United States furthers these objectives . Whether it is the combinati on of scientific discoveries a pplicable to societal advancement (including those drawing upon architecture, ph ys ics, engineering and cultural inclusiveness) to advancements in publicly usable technologies or advancements in equipment available to law enfor cement personnel / first responders that does not cost millions of dollars, granting ESRUAS exemption request substantially furthers the public's interest in way s known and currently

unknown.

**Reasons Why ESRUAS**  **Exemption Will Not Adversely Affect Safety Or How The Exemption**  **Will Provide a Level of Safety At Least Equal To Existing Rule:**

ESRUAS exemption will not adversel y affect safety . Quite the contrary , for the reasons stated, supra , permitting ESRUAS to log more flight time in FAA airspace will allow ESRUAS to innovate and implement new and as of ye t undiscovered safet y protocols. I n addition, ESRUAS submits the following representations of it s flight standards :

• ESRUAS UASs weigh less than 2 5 pou nds compl ete with small, high

- definition

c ameras like the GoPro or Canon T3i ;

• ESRUAS only

operates its UASs below 400 feet;

• ESRUAS UASs only

operate for 2

- 25 minutes per flight;• ESRUAS lands its UASs before they reach 25% battery

power;

• ESRUAS remote control pilots operate ESRUAS UASs by line of sight;

• ESRUAS remote control pilots have video backup and nearest airfield(s) contact information should they

somehow lose sight of the UAS;

• ESRUAS staffs each flight with a remote control pilot, te chnician and spotter with communication sy stems enabling real time communication between them;

• ESRUAS UASs have GPS flight modes whereb y they hover and then slowly land if communication with the remote control pilot is lost or battery power is below 25%;

• ESRUAS actively

analy ses electronic flight data and other sources of information to constantly

update and enhance safet y protocols;

• ESRUAS only

operates in secured areas that are controlled, are away from airport s and highl y populated areas; • ESRUAS only

operates during day light hours;

• ESRUAS conducts extensive pre

- flight checks, boundaries and awareness prior to flight, during which safety carries primary importance;

• ESRUAS alway s obtains all n ecessary permissions prior to operation; and, ESRUAS has procedures in place to abort flights in the event of safet y breaches or potential danger.

ESRUAS provides a level of safet y at least equal to existing rules, and in nearl y ever y instance, greater than existing rules. It is important to note that absen t the integration of commercial UASs into our national airspace s ys tem, helicopters are the primary means of aerial photograph y . While the safet y record o f such helicopters is great , it is far safer to operate a battery powered lightweight UAS. First, the potential loss of life is diminished because UASs

carr y no people on board and ESRUAS only operates them in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminish ed. Third, the small size and extreme maneuverability of ESRUAS UASs allow remote control pilots to avoid hazards. Also, ESRUAS UASs noise emissions, compared to today ’s helicopters, are drasticall y lower. Lastly , given their small size and weight, even wh en close enough to capture images, ESRUAS UASs need not be so close to the objects they are focused on. Accordingl y, ESRUAS UASs will operate at and above current safet y levels.

**Summary The FAA May Publish in the Federal Register**

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals.

14 C.F.R. 21, Subpart H , entitled Airworthiness Certifica tes, sets forth requirements for procurement of ne cessary airworthiness certificates i n relation to FAR § 91.203 (2)(b, c, & d) & 91.317(f)(2), (g), (j)(1 & 2) . The size, weight , speeds, flight maneuvers and controlled operational area of ESRUAS UASs permits exemption from Part 21 because ESRUAS’s UASs

mee t an equivalent level of safet y 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 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity

to areas such as airports and densepopulations. ESRUAS multi

- rotor UASs do not carry passen gers n or crewmembers , therefor , are not designe d with a cabin or a cockpit. Furthermore, ESRUAS UASs will not be operating in or out of airports and in view of the fact that ESRUAS multi

- rotor UASs are electrically powered by small lithium

- poly

mer (L iPo) batteries and emit no known emissions

-- fuel regulation s for aircraft do not appl y . Therefor e ESRUAS’s UASs meet or exceed each of these elements and elements proposed in Docket No

. : FAA

- 2015

- 0150; Notice No. 15

- 01. Part 107.

14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. No such certificate will be applicable in the form contemplated by the FARs. With proposed Docket No.: FAA

- 2015

- 0150; Notice No. 15

- 1 as no such certificate will be applicable, this Regula tion is inapplicable.

14 C.F.R. § 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 UASs, this Regulation is inapplicable. An equivalent level of safet y will be achieve d by mai ntaining a manual at ESRUAS’s flight operations center. The FAA has previousl y issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimete r settings is inapplicable insofar as ESRUAS UASs utilize electronic global positioning s ys tems and internal gy roscopes and altimeters to provide spatial coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carry ing of civil aircraft certificatio ns and registrations. They

are inapplicable for the same reasons described a bove

– with recentl y proposed Docket No.; FAA

- 2015

- 0150; Notice No. 15

- 1 . The equivalent level of safety will be achieved b y m ai ntaining such quality assurance and registrations re ports at the ESRUAS flight operations center

. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain

s pecifications. ESRUAS UASs are unmanned

-- t hey
, therefore
, do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such a small aircraft. Regardless, ESRUAS will mark its UASs in the largest possib le lettering b y placing identification marks on its frame as required b y 14 C .F.R. § 45.29 (f) so that the pilot, technician, spotter and others working with the UAV will be identifiable and will see the markings. The FAA has previousl y issued exemptions to this regulation through Exemptions Nos. 873 8, 10167, 10167A and 10700.

14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PI C.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. ESRUAS can achieve an equivalent or superior level of safet y as achieved b y current Regulations because ESRUAS UASs do not carry any pilots or passengers

– the operators will maintain visual line of site of UA and given the size, weight, speed, maneuverability andoperating parameters of ESRUAS UAS’s risk to people and propert y is reduced . Further, while

helpful, a pilot license will not ensure remote control piloting skills, though ESRUAS pilot vetting and training programs will. Further, private pilot licensees require 60

- 70 hours of flight time

– with hundr eds of hours of computer simulati on and remote control aircraft [ 50+ hours of multi

- rotor UAS] experience the person in control of the UA will operate ESRUAS UASs with the same or more skill. Further, the risks attendant to the operation of ESRUAS UASs is far less than the risk levels inherent in the commercial act ivities outlined in 14 C.F.R. § 61, et seq

– ESRUAS maintains visual of UA via a spotter, altitude of UA will never exceed 400ft AGL

. Thus, allowing ESRUAS to operate its multi

- rotor UASs with it’ s current experience and standards meets the minimum safety requirements of 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. I t allows helicopters to be operated at lower altitudes in certain conditions. As proposed in Docket No.: FAA

- 2015

- 0150; Notice No. 15

- 01, ESRUAS UASs never operate s at an altitude greater than 400 AGL. ESRUAS will, however, o perate its UASs at a much lower altitude than proposed in Docket No.: FAA

- 2015

- 0150; Notice No. 15

- 01
, a level of safet y exceeding those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of ESRUAS UASs, an equivalent level of safety will be achieved.

14 C.F.R. 91.405 (a) ; 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above

- cited Regulations require, amongst other things, aircraft owners and operators to "have [the] aircraft inspected as prescribed in subpart E of this part and shall between require d inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter." These Regulations only appl y to aircraft with an airworthiness certificate. They will not, therefore, apply to ESRUAS should its requested exemption be granted. ESRUAS conducts an extensive maintenance program that involves regular software updates and constant mechanical inspection for assessment of an y damaged hardware. Therefore, an equivalent or greater level of safe ty will be achieved. ESRUAS has researched its designs.

**Summary**

ESRUAS seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.F .R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a) & (b) ; 14 C.F.R. § 91.9 (b)(2) ; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F .R. § 91.409 (a)(2); and, 14 C.F .R. §§ 91.417 (a) & (b) to commercially

operate small lightweight unmanned aerial vehicles in a erial photography and research operations, to conduct its own fieldwork and to assist in the develop ment of platforms for photographers, first responders, law enforcement, and search & rescue.

Granting ESRUAS’s request for exemption will enhance safety protocols thereby reducing risk of incident. Aerial photography relies primarily on the use of larger aircraft, housing a crew and running on combustible fuel. ESRUAS aircraft do not house a crew of pilots n or do they contain combustiblefuel

-- they are smaller, lighter and more maneuverable tha n conventional aircraft. Additionally
,

ESRUAS aircraft operate at l ower altitudes and will not interfere with conventional aircraft

. ESRUAS has been analy z ing flight data , flight film and other information to c ompil e above

- standard safety protocols and the implementati on of flight operations that exceeds current procedures of safe flight.

There are no people on board ESR UAS aircraft therefore the likelihood of death or serious bodily injury is significantly

limited. ESRU AS will ensure positive growth of it’s safety and flight protocols with multi

- rotors ESRUAS operation of its UASs, weighting less than 2 5 pounds and traveling at speeds lower than 40 knots in exclusive areas will provide at least an equivalent level of safety a s that achieved under current F ARs.
With current knowledge and experience and until operator certifications become clearer ESRUAS respectfull y requests that the FAA grant its exemption request without delay . The FAA has the authorit y to issue the exemption sought by ESRUAS pursuant to the Federal Aviation Act, 85 P.L . 726 (1958), as amended (the "Act").

Respectfully,

Brett	E.	Lisa ,	CEO ESRU AS,	LLC. 1889	Oak	Park	Drive	N. Clearwater,	FL.	33764