U.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 It 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 recently 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 safety/ fl ight procedures. Brett E. Lisa , 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. Lisa, owner and operator of small unmanned multi

- rotor aircraft , seeks relief, so the he may 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 safety protocols will allow ESRUAS to operate within current safety parameters and to aid in the development of new protocols being implemented. As i dentified, amateurs with no flight experience, safety 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, transmitter(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 (eye level)

– the pilot puts maximum input of pitch, roll, yaw and throttle sharply into transmitter to ensure all axis of aircraft are full y capable.  Maintain visual of aircraft through 3 rd 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 any applicable F ARs. It, like other applicants, has done so despite Judge Patrick G. Geraghty'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. Granting 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 already pronounced that 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 safety protocols. Allowing ESRUAS to log more flight time directly relates to its research and its ability to further enhance current safety 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 any currentl y applicable FARs operating to prevent ESRUAS contemplated commercial photography, 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 types 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 photography or other equipment. Each of ESRUAS small unmanned aircraft 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 remote control pilot. In 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 operate its UASs with less than twenty five percent battery capacity . Safety s ys tems in place include a GPS mode that allows ESRUAS UASs 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 twenty five percent battery

capacity 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 safety 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 security. 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 already pronounced that 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 safety protocols. Allowing ESRUAS to log more flight time directl y relates to its research and its ability to further enhance current safety 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 photography capture through ESRUAS ’s lightweight UASs. Progression of the arts and sciences has been fundamental to our society since its inclusion in the United States Constitution. Indeed, Congress man dated the integration of UASs into our national airspace sy stem, in part, to achieve progression 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, phys ics, engineering and cultural inclusiveness) to advancements in publicly usable technologies or advancements in equipment available to law enforcement 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 safety protocols. In addition, ESRUAS submits the following representations of it s flight standards :
• ESRUAS UASs weigh less than 2 5 pounds 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 safety protocols; • ESRUAS only

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

operates during daylight 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 safety breaches or potential danger. ESRUAS provides a level of safety at least equal to existing rules, and in nearl y every instance, greater than existing rules. It is important to note that absent the integration of commercial UASs into our national airspace s ys tem, helicopters are the primary means of aerial photograph y . While the safety 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 carry 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 safety 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 Certificates, 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 safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 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 (LiPo) 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 Regulation 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 safety 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 altimeter 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 carrying 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 reports 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

-- they , 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 safety 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 property 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 hundreds 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. It 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 safety 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 any 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 development 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 than conventional aircraft. Additionally ,

ESRUAS aircraft operate at l ower altitudes and will not interfere with conventional aircraft
. ESRUAS has been analyz 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. ESRUAS 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 authority 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