# ExplorAir Drones

PO. Box 307 Ilimnna AK, 99606• Phone: (406)544.4509 .E.-Mail: explorairdrones@gmail.com

Date:June, 24, 2015

U.S. DepartmentofTransportation DocketManagement System 1200 NewJerseyAve., SE Washington, DC 20590

Dear Sir or Madan1: -.·· \.. j

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Re: Exception Request Pursuant to Section 333 ofthe FAA Refonn Act Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpar H; 14 CFR 45.23(b); 14 CFR 61.113 (a) and (b) 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(l); 14 CFR 91.409 (a)(2); 14 CFR 91.417(a) and (b)

In accordance with the FAA's Guidelinesfor SubmittingaPetitionfor Exemption undersection 333 of d1e FAA Modernization andReform act of2012, ExplorAir Drones request exemption from the Federal Aviation Regulations (F ARs) listed so that ExplorAir Drones may operate UASs commercially in airspace regulated by the Federal Aviation Administration; as 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. Commercial operations on an UAS, as described herein, which are equipped with cameras and sensors would operate under the following manner:

• Aerial video and/ orphotography for public and/ orprivate use includingbutnotlimited to real estate, architecture, property surveying, construction and otherrelated professional activities.

• Aerial inspection/ photography ofresidential/ commercial structures under contractwith the owners or local government authority.

• Aerial inspection ofprivate/ commercial utility infrastructure including butnotlimited to electrical power lines, wind turbines and cell towers.

• Aerial video/ photographyfor private/ commercial use including television, public events, cinematography and promotional videos.

• The ability to offer trainingto persons individually orbelongingto both private and/ orpublic organizations that have interests in the use and application ofa UAS for the purpose ofthe safe operation ofa UAS to enhance the safety ofthe National Airspace System (NAS) as well as for the protection ofthe persons and property.·As described fully below the requested exemption would permitthe operation oflightweight (less than 55 pounds total take offgross weight) UASs under controlled conditions for commercial use by certified pilots thereby enhancingthe already safe operations in the industry presently using traditional aircraft and fulfill the Secretary ofTransportation's responsibilities to"

....establish requirements for the safe operations ofsuch aircraft systems in the national airspace system." Section 333© ofthe reform act. ExplorAir Drones respectfully requests the grant ofan exemption to the following sections ofthe Title 14 Code ofFederal Regulations allowing it to operate lightweight UAS's for commercial use. 14 CFR 21 subpar H; 14 CFR 45.23(b); 14 CFR 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(l); 14 CFR 91.409 (a)(2); 14 CFR 91.417(a) and (b) ExplorAir Drones submits this application in accordance ith the Reform Act 112 P.L. 95 331**~334,** seeking relieffrom any current FAR's operatingto inhibit ExplorAir Drones future commercial use ofUASs in the National Airspace System as described hereafter. The ReformAct Section 332 provides for such integration ofcivil UASs as itis in the publics interestto do so. ExplorAir Drones UASs meetthe defmition of"small unmanned aircraft" as defmed in section 331. Therefore integrating the commercial use ofExplorAir Drone's UASs are expressly contemplated by the Reform Act. ExplorAir Drones would like to operate its UASs prior to the time period bywhich the Reform Actrequires the FAAto promulgate rules governing UASs. ExplorAir Drones will operate three different UASs, the DJI Phantom 2 Vision, DJI Phantom 3 Pro and the DJI SpreadingWings S1000. All three ofthe aircraft listed above are rotorcrafts with the ability to hover as well as fly along a vertical and horizontal plane simultaneously. The Phantom 2 Vision is a rotorcraft in the quadcopter configuration and has a total advertised weight of 1160g (2.55lbs). Ithas an advertised maximum ascending speed is 6m/s (13.4mph) and its advertised maximum flight speed is 15m/s (33.5mph). The Phantom 3 Pro is also a rotorcraft in the quadcopter configuration and has an advertised total maximum weight of 1280g (2.82lbs). Ithas an advertised maximum ascending speed is 5m/s (11.18mph) and its advertised maximum flight speed is16m/s (35.79mph). The DJI S1000 is a rotorcraft in the octocopter configuration and has an advertised total weight of4.2kg (9.25lbs) and has no advertised top speed. Given the small size ofthe above UASs and the controlled environmentprovided the proposed operators will adhere to the reform acts safety requirements the approval ofthis application presents no national security issues. Regarding the level ofsafety surroundingthe proposed operations, the public benefit and reduction in environmental impact, the grant ofthe requestexemption is in the public interest. Respectfully, the applicant requests that the FAA grantthe request exemption with minimum delay. The Followinglimitations and conditions are ofwhich ExplorAir Drones agrees to adhere to when conducting the operation ofUASs for commercial purposes:



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### • Flights will be operated in the**line~of-sight** by a ground based pilot Flights will only occur in the daytime and clear ofclouds The UASs will weigh less than 55lbs attake offand duringflight Flights will be terminated with 25% ofbattery life remaining Flights will be operated at an altitude atorbelow 400' AGL Pilots, cameraoperators and observers will be trained lAWthe applicable portion ofthe UAS's manual as well as the SOPs.• Minimum UAS crew 

### will be one certificated Private pilotor higher rating with a currentdrivers license. 

### A camera operator and or observer may be added as required to further reduce the possibility oftask saturation by the pilot depending on the mission requirements. • Pilot, observer and camera operatorwill maintain real time communication capability throughoutflight operations. • The UAS Pilot will conducta full site survey to determine the AreaofResponsibility (A

### 0 R). This A

### 0 R is the actual areafor UAS operations for a particular day. Each survey

### will include the assessment of potential hazards to include butnotlimited to airspace classification, NOTAMS, temporary flight restrictions, closest airportproximity, natural and man- made obstacles, and unnecessary persons which may pose a risk to operations or safety. Ifdeemed necessary, the crew will employ additional personal as safety observers. • A thorough briefingwill be conducted, prior to the first flight ofthe day in an AOR, utilizing the briefing guide in the SOPs. All persons who 

### will be in the AOR while UAS flights are conducted 

### will be present for this briefing. • ExplorAir Drones will obtain consent (verbal orwritten) for any persons who need to be within 100 feet ofUAS flight operations. • Written and orverbal permission from the relevantproperty owners will be obtained prior to flight. • All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire or other governmental agencies. • Ifthe UAS loses communications orloses its GPS signal, the UAS will have the capability to return to a pre-detemuned location within the AOR and land autonomously. • The UAS will have the ability to aborta flight in case ofunpredicted obstacles oremergencies.

14 C.F.R. Part 21, SubpartH: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) SubpartH, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part21 Subpart H meets the requirements of an equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Actboth authorize the FAA to exempt aircraft from the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates thatthe UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be atleast as safe, or safer, than a conventional aircraft (fixed wing orrotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilotnorpassenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored byboth the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, SubpartH.Lasdy, application ofthese same criteria demonstrates thatthere is no credible threatto national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inability to carry a substantial external load.
14 C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted orlight-sport category aircraft or experimental orprovisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters notless than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit orpilot station on which the word "Experimental" can be placed. Given the size of the UAS, two-inch letteringwill be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalentlevel ofsafety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others workingwith the UAS will see the identification ofthe UAS as "Experimental."
14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilotin Command.
Pursuantto 14 CPR 61.113 (a) & (b), no person who holds a private pilotcertificate may act as a pilotin command ofan aircraft thatis carrying passengers orproperty for compensation orhire ExplorAir Drones LLC. may achieve an equivalentlevel ofsafety as achieved by current Regulations because the applicant's UAS do not carry any pilots orpassengers nor property. The risks attendantto the operation ofUAS is far less than the risk levels inherentin the commercial activities oudined in 14 CPR 61. The PIC ofthe UAS will have a Private Pilot's License along with a current drivers license exceeding the current safety levels iri relation to 14 CPR61.113 (a) & (b). I feel the operation and limitations setforth in the FOM will equate to the safe operation ofthe UAS.
14 C.P.R. §91.7(a): Civil AircraftAirworthiness. The regulation requires that no person may operate a civil aircraftunless itis in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size ofthe aircraft for maintenance and use ofsafety checklists prior to each flight an equivalentlevel ofsafety will be provided.
14 C.P.R.§ 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is notrequired by §21.5 ofthis chapter, unless there is available in the aircraft a currentapproved airplane orRotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability orplace to carry such a flight manual on the aircraft, notonly because there is no pilot on board, butbecause there is no room orcapacity to carry such an item on the aircraft. The equivalentlevel ofsafety will be maintained by keeping the flight manual at the ground control pointwhere the pilotflying the UAS will have immediate access to it.14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will notbe 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 includingbutnotlimited to reviewingweather, flight battery requirements, landing and takeoffdistances and aircraft performance databefore initiation offlight.
14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides thatno person may operate a civil aircraft (except a manned free balloon) thatis being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do nothave fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training withoutfully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. The equivalentlevel ofsafety provided by the fact that neither a pilotnor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.
14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS thatis a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, ornotmore than 200 above an elevated platform from which filming is planned, an exemption maybe needed to allow such operations. As set forth herein, the UAS will never operate athigher than 400 AGL with the exception thatin circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will notbe operated more than 200 feet above the highest pointon the structure. Itwill however be operated in a restricted areawith security perimeter, where buildings and people will notbe exposed to operations without their preobtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where itis operated. No flight will be taken without the permission ofthe property owner orlocal officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft orrotorcraftweighting far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at orbelow 500 AGL. In addition, the low-altitude operations ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraft that mustcomply with Section 91.119.
14 C.F.R. §91.121 Altimeter Settings.
This regulation requires each person operating an aircraft to maintain cruising altitude byreference to an altimeter thatis set"

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may nothave a barometric altimeter, butinstead a GPS altitude read out, an exemption may be needed. An equivalentlevel ofsafety will be achieved by the operator, pursuantto the safety check list andlive flight data monitoring, confirming the altitude ofthe 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 "aflight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed

- (1) Duringthe day, to fly after that for atleast 30 minutes; or (2) Atnight, to fly after thatfor atleast

### 45 minutes." The battery powering the UAS provides approximately 30 minutes ofpowered flight. To meetthe 30 minute reserve requirementin 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location ofits 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 ofpriorexemptions. Operating the UAS, in a tightly controlled areawhere only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisks that Section 91.15l(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicantbelieves that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 

### 25% ofbattery powerwhichever 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. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration
The regulation provides in pertinentpart: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless ithas within itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so thatit is legible to passengers or crew. The UAS fully loaded weighs no more than 55lbs. and is operated without an onboard pilot. As such, there is no ability orplace to carry certification and registration documents orto display them on the UAS. An equivalent level ofsafety will be achieved bykeeping these documents atthe ground control pointwhere the pilotflying the UAS will have immediate access to them, to the extentthey are applicable to the UAS.
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 oftlris part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraftin compliance with Part43. Given thatthese section and Part43 apply only to aircraft with an airworthiness certificate, these sections will notapply to the applicant. Maintenance will be accomplished by the operatorpursuantto the flight manual and operatinghandbook. An equivalentlevel ofsafety 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 oftime. Ifmechanical issues arise the UAS can land immediately and will be operatingfrom nohigher than 400 feet AGL. The operator

### will ensure that the UAS is in working order prior to initiating flight, perfonn required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraftin an airworthy condition to provide the equivalent level ofsafety. An equivalentlevel ofsafety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operatorwill ensure thatthe UAS is in working orderpriorto initiatingflight and perform required maintenance needed.
In Closing, approval ofthe above exemptions allowing commercial operations ofsmall UASs in the service of aerial photography, cinematography, videography, inspection and otherflight operations will greatly enhance safety by reducing the overall risk associated with traditional aircraft. Traditional aerial operations require large aircraftweighing thousands ofpounds and carrying hundreds ofpound offuel presenting a significantrisk to life and property. With ExplorAir Drones use ofsmall UASs weighing less than 55lbs, powered by batteries and operating at orbelow 400 AGLthey virtually eliminate all ofthe risk associated with traditional flight operations. The UASs will carry no people thereby eliminatingthe exposure to the risks associated with flying while accomplishing the same task in a much safer manner. Granting ExplorAir Drones the above exemptions will allow for the expansion ofUAS systems into the future, in a professional, safety conscious culture steep in the tradition ofAviation.

River B. Lucas ExplorAir Drones, LLC

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