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 

procedures 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 

proposed 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, specifically 

multi-rotor aircraft (aerial vehicles with a minimum of four ((4)) counter-rotating propellers) 

which are inherently stable with the ability to hover in place, and safety/flight procedures. Brett 

E. Lisa, CEO, of ESRUAS, LLC seeks relief from specific procedures contained in 14 C.F.R. 

ESRUAS has received requests of high 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 systems commercially 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 

(remotely controlled within line of sight) multi-rotor aerial systems in tightly controlled and 

limited airspace. Predetermined, specifically 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 identified, amateurs with no flight experience, safety plan or controls in place 

to prevent catastrophe legally operate similar lightweight, remote controlled multi-rotors. 

ESRUAS is developing plans to monitor, evaluate and implement all of its UAS’s safely.

The plans include but are not limited to: pre-flight visual inspection, pre-flight 

mechanical inspection, in-flight mechanical test, maintaining a visual 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 inspection is powering on the aircraft, transmitter(s) 

and receiver(s) – checking video feed and throttling up from 3rd person 

point-of-view without takeoff to ensure function of drive components

(propellers, motors and speed controllers).
 In-flight mechanical test is done from 3rd 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 fully capable.

 Maintain visual of aircraft through 3rdperson (pilot watches aircraft) 

operation or by using a spotter during 1st 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 compliance with any applicable FARs. 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 by other peer companies.

Granting ESRUAS’s request unites with the Secretary of Transportation's responsibilities 

to not only integrate UASs into the national airspace system, but to " ... establish requirements 

for the safe operation of such aircraft systems [UASs] in the national airspace system" 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 by 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 commercially flown UASs into the 

national airspace system, hence the passing of the Reform Act. ESRUAS will conduct research 

into safe UAS operations for every flight of its UASs. Flight data, visual inspections, recorded 

observations and flight analyses 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 critical interest in reducing the danger and 

emission associated with current aerial cinematic capture methods, namely, full size helicopters. 

ESRUAS respectfully requests the grant of an exemption allowing it to operate small, 

lightweight, remote controlled multi-rotor UASs in Class G airspace.

The specific sections 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 currently applicable FARs operating to prevent ESRUAS contemplated 

commercial photography, research and other flight operations within the national airspace 

system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft 

systems into our national airspace system 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 expressly 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 

safely in our national airspace system. 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 by 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 stability. 

They each weigh less than 25 pounds, including photography or other equipment. Each of

ESRUAS small unmanned aircraft are designed to primarily hover in place and operate at less 

than a 40 knot maximum speed. They are capable of vertical and horizontal operations but 

operate only 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, flights generally last between two and

twenty minutes. ESRUAS does not operate its UASs with less than twenty five percent battery

capacity. Safety systems in place include a GPS mode that allows ESRUAS UASs to hover in 

place if communication with the radio 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 only 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 system or the public." 112 P.L. 95 § 333 (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 Congress's contemplated safety zone when 

it promulgated the Reform Act and the corresponding directive to integrate UASs into the 
national airspace system. ESRUAS aircraft do not pose any threat to the general public or 

national security.

The FAA has the authority 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 system, 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, visual 

inspections, recorded observations and flight analyses are 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. 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. If 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 helicopter, despite the statistically noteworthy safety record of full size 

helicopters used in aerial picture capture. The public's interest is furthered by minimizing

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 mandated the integration of UASs 

into our national airspace system, in part, to achieve progression in this noteworthy, and 

inevitable, field. Permitting ESRUAS to immediately fly within the United States furthers these

objectives. Whether it is the combination of scientific discoveries applicable to societal 

advancement (including those drawing upon architecture, physics, 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 ways 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 adversely 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 yet undiscovered safety protocols. In addition, 

ESRUAS submits the following representations of its flight standards:

• ESRUAS UASs weigh less than 25 pounds complete with small, high-definition 

cameras 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, technician and spotter with 

communication systems enabling real time communication between them;

• ESRUAS UASs have GPS flight modes whereby they hover and then slowly land if 

communication with the remote control pilot is lost or battery power is below 25%;

• ESRUAS actively analyses 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 airports and 

highly 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 always obtains all necessary 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 nearly every 

instance, greater than existing rules. It is important to note that absent the integration of 

commercial UASs into our national airspace system, helicopters are the primary means of aerial 

photography. While the safety record of 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 diminished. 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 drastically lower. Lastly, given their small size and weight, even when 

close enough to capture images, ESRUAS UASs need not be so close to the objects they are

focused on. Accordingly, 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 necessary airworthiness certificates in 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 

meet 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 dense 
populations. ESRUAS multi-rotor UASs do not carry passengers nor crewmembers, therefor, are 

not designed 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-polymer (LiPo) batteries and emit no known emissions -- fuel regulations for 

aircraft do not apply. Therefore 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 achieved by maintaining a manual at ESRUAS’s flight operations center. The 

FAA has previously 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 systems and internal gyroscopes and altimeters to provide spatial 

coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above – with recently 

proposed Docket No.; FAA-2015-0150; Notice No. 15-1. The equivalent level of safety will be 

achieved by maintaining 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

specifications. 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 possible 

lettering by placing identification marks on its frame as required by 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 previously issued exemptions to this regulation through Exemptions 

Nos. 8738, 10167, 10167A and 10700.

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

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 by 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 and 
operating 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 simulation 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 activities 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 operates at an altitude greater than 

400 AGL. ESRUAS will, however, operate 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 required 

inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter." These Regulations only apply 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 safety 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 aerial 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 nor do they contain combustible 
fuel -- they are smaller, lighter and more maneuverable than conventional aircraft. Additionally, 

ESRUAS aircraft operate at lower altitudes and will not interfere with conventional aircraft. 

ESRUAS has been analyzing flight data, flight film and other information to compile above-standard

safety protocols and the implementation of flight operations that exceeds current procedures of safe 

flight.

There are no people on board ESRUAS 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 25 pounds and traveling at 

speeds lower than 40 knots in exclusive areas will provide at least an equivalent level of safety as 

that achieved under current FARs.

With current knowledge and experience and until operator certifications become clearer

ESRUAS respectfully 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

ESRUAS,	LLC.

1889	Oak	Park	Drive	N.

Clearwater,	FL.	33764