ExplorAir Drones 

PO. Box 307 Ilimnna AK, 99606• Phone: (406)544.4509 

.E.-Mail: explorairdrones@gmail.com 

Date:June, 24, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Dear Sir or Madan1: 

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Re: Exception Request Pursuant to Section 333 of the FAA Refonn Act Part 11 of the 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 Guidelines for Submitting a Petition for Exemption under section 333 of 

d1e FAA Modernization and Reform 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/ or photography for public and/ or private use including but not limited to real estate, 

architecture, property surveying, construction and other related professional activities. 

• Aerial inspection/ photography of residential/ commercial structures under contract with the owners or 

local government authority. 

• Aerial inspection of private/ commercial utility infrastructure including but not limited to electrical power 

lines, wind turbines and cell towers. 

• Aerial video/ photography for private/ commercial use including television, public events, cinematography 

and promotional videos. 

• The ability to offer training to persons individually or belonging to both private and/ or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe operation 

of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the 

persons and property.· 
As described fully below the requested exemption would permit the operation of lightweight (less than 55 

pounds total take off gross weight) UASs under controlled conditions for commercial use by certified pilots 

thereby enhancing the already safe operations in the industry presently using traditional aircraft and fulfill the 

Secretary of Transportation's responsibilities to" .... establish requirements for the safe operations of such 

aircraft systems in the national airspace system." Section 333© of the reform act. 

ExplorAir Drones respectfully requests the grant of an exemption to the following sections of the Title 14 

Code of Federal 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 

relief from any current FAR's operating to inhibit ExplorAir Drones future commercial use of UASs in the 

National Airspace System as described hereafter. The Reform Act Section 332 provides for such integration 

of civil UASs as it is in the publics interest to do so. ExplorAir Drones UASs meet the defmition of "small 

unmanned aircraft" as defmed in section 331. Therefore integrating the commercial use of ExplorAir Drone's 

UASs are expressly contemplated by the Reform Act. ExplorAir Drones would like to operate its UASs prior 

to the time period by which the Reform Act requires the FAA to promulgate rules governing U ASs. 

ExplorAir Drones will operate three different UASs, the DJI Phantom 2 Vision, DJI Phantom 3 Pro and the 

DJI Spreading Wings S1000. All three of the 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). It has 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). It has 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 of 4.2kg (9.25lbs) and has no advertised top speed. Given the 

small size of the above UASs and the controlled environment provided the proposed operators will adhere to 

the reform acts safety requirements the approval of this application presents no national security issues. 

Regarding the level of safety surrounding the proposed operations, the public benefit and reduction in 

environmental impact, the grant of the request exemption is in the public interest. Respectfully, the applicant 

requests that the FAA grant the request exemption with minimum delay. 

The Following limitations and conditions are of which ExplorAir Drones agrees to adhere to when conducting 

the operation of UASs 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 of clouds 

The UASs will weigh less than 55lbs at take off and during flight 

Flights will be terminated with 25% of battery life remaining 

Flights will be operated at an altitude at or below 400' AGL 

Pilots, camera operators and observers will be trained lAW the applicable portion of the UAS's manual as 

well as the SOPs. 
• Minimum UAS crew will be one certificated Private pilot or higher rating with a current drivers license. A 

camera operator and or observer may be added as required to further reduce the possibility of task 

saturation by the pilot depending on the mission requirements. 

• Pilot, observer and camera operator will maintain real time communication capability throughout flight 

operations. 

• The U AS Pilot will conduct a full site survey to determine the Area of Responsibility (A 0 R). This A 0 R is 

the actual area for UAS operations for a particular day. Each survey will include the assessment of 

potential hazards to include but not limited to airspace classification, NOTAMS, temporary flight 

restrictions, closest airport proximity, natural and man- made obstacles, and unnecessary persons which 

may pose a risk to operations or safety. If deemed necessary, the crew will employ additional personal as 

safety observers. 

• A thorough briefing will be conducted, prior to the first flight of the day in an AO R, 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 or written) for any persons who need to be within 100 feet 

ofUAS flight operations. 

• Written and or verbal permission from the relevant property owners will be obtained prior to flight. 

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

including local law enforcement, fire or other governmental agencies. 

• If the UAS loses communications or loses 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 abort a flight in case of unpredicted obstacles or emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, 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 Part 21 Subpart H meets the requirements of 

an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under 

the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) 

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 pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local public safety 

requirements. These safety enhancements provide a greater degree of safety to the public and property owners 

than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. 
Lasdy, application of these same criteria demonstrates that there is no credible threat to national security posed by 

the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, 

restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must 

also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less 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 or pilot station on which the word "Experimental" can be placed. Given the size of 

the UAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in 

compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) 

where the pilot, observer and others working with the UAS will see the identification of the UAS as 

"Experimental." 

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

Pursuant to 14 CPR 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 ExplorAir Drones LLC. 

may achieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not 

carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk 

levels inherent in the commercial activities oudined in 14 CPR 61. The PIC of the U AS will have a Private Pilot's 

License along with a current drivers license exceeding the current safety levels iri relation to 14 CPR 61.113 (a) & 

(b). I feel the operation and limitations set forth in the FOM will equate to the safe operation of the UAS. 

14 C.P.R. §91. 7 (a): Civil Aircraft Airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will 

be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory 

standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety 

check lists prior to each flight an equivalent level of safety 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 not required by §21.5 of this chapter, unless there is available in the aircraft a 

current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the pilot flying the UAS will have immediate access to it. 
14 C.F.R. § 91.103: Preflight 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. 

14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 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. 

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

Section 91.119 establishes safe altitudes for operation of civil 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 that is a helicopter and 

the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated 

platform from which filming is planned, an exemption may be needed to allow such operations. As set forth 

herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the 

UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be 

operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted 

area with security perimeter, where buildings and people will not be exposed to operations without their preobtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location 

where it is operated. No flight will be taken without the permission of the property owner or local officials. 

Because of the advance notice to the property owner and participants in the filming activity, all affected individuals 

will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting 

far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the UAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §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. 

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; or (2) At night, 

to fly after that for at least 45 minutes." 

The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 minute 

reserve requirement in 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 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 tightly 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 

Section 91.15l(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS 

flights to 10 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 30 minutes or 25% of battery 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 pertinent part: 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: (1) 

An appropriate and current airworthiness certificate .... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this 

section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it 

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 or place to carry certification and registration documents or to display them on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the 

pilot flying the UAS will have immediate access to them, to the extent they 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 of tlris 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 section and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook. 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, 

perfonn 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. As provided in the FOM, the 

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

needed. 

In Closing, approval of the above exemptions allowing commercial operations of small UASs in the service of 

aerial photography, cinematography, videography, inspection and other flight operations will greatly enhance 

safety by reducing the overall risk associated with traditional aircraft. Traditional aerial operations require large 

aircraft weighing thousands of pounds and carrying hundreds of pound of fuel presenting a significant risk to life 

and property. With ExplorAir Drones use of small UASs weighing less than 55lbs, powered by batteries and 

operating at or below 400 AGL they virtually eliminate all of the risk associated with traditional flight operations. 

The UASs will carry no people thereby eliminating the 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 of UAS systems into the future, in a professional, safety conscious culture steep in the tradition 

of Aviation. 

River B. Lucas 

ExplorAir Drones, LLC 

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