JCL Real Estate LLC

1022 Lumberman’s Trail

Madison, WI 53716

jgugger@beautifulroofs.com

Date 1-22-2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

Petition of JCL Real Estate LLC for Exemption Pursuant to Section 333 of the FAA Reform Act

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, JCL Real Estate LLC operator of Small Unmanned Aircraft Systems 

(“sUASs”) equipped to conduct aerial photography and videography, News gathering, Aerial 

Surveying, training, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its sUASs, so 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 333.1

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) 

limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow 

JCL Real Estate LLC to conduct commercial operations of small unmanned aircraft systems 

(“UAS”) meeting or exceeding all of the operational and safety requirements Congress has set 

forth in Section 333. Page 2. JCL Real Estate LLC asks that if any part of this request is deemed 

not in compliance, that part be removed and process the remaining of this request as applicable. 

JCL Real Estate LLC is a construction/Real Estate company that believes the use of sUAS will 

significantly benefit their customers. Mr. Gugger, the owner, has extensive experience as a UAV 

Operator and is also a private pilot. His dedication to safety and unique experience will be key to 

the safe operation of his UAS. 
JCL Real Estate LLC plans to exploit the capabilities of Unmanned Aerial Systems to offer a 

multitude of services, including:

- Aerial surveying

- Event Photography/Videography 

- Agriculture purposes

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring

- News Gathering

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, 

provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in 

the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before completion of the 

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance 

required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 

333 provides a mechanism for “expedited operation authorization” if several factors are met. 

Petitioner meets all requirements to permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief from the Following:

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System sUASs are oftentimes seen as superior to helicopters due to the 

smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much 

smaller environmental impact which promotes public safety.
We are petitioning for exemption to enable JCL Real Estate LLC to operate the DJI Inspire, DJI

Phantom 3 equipped with a three-axis camera gimbal and using a High-Def camera. This sUAS 

has the failsafe function of the autopilot system which means when the communication between 

the Main Controller and the transmitter is disconnected; the outputs of all command sticks from 

controller will go to the center position. If the GPS signal is good enough, the system will 

automatically trigger Return to Home and will land safely.

Aircraft Gross weights are less than 55 pounds with battery and the 3 Axis Camera Gimbal and 

Camera

A Pre-flight inspection will be performed by the PIC in accordance with the factory instruction 

manual. An added step will be the inspection of the propellers. A propeller will be replaced if it 

has any nicks and cracks with a manufacturers authorized propeller.

The sUAS will be maintained in accordance with the manufacturer’s instruction manual and only

manufacturer's authorized replacement parts will be used.

FCC Information

This transmitters used for controlling the sUAS complies with part 15 of the FCC rules. 

Operation is subject to the following two conditions:

(1) This device may not cause harmful interference, and (2) this device must accept any

interference received, including interference that may cause undesired operation.

The radio transmitters used for controlling the sUAS is wireless technology which has been 

tested and found to be compliant with the applicable regulations governing radio transmitters in 

the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance

When operating our transmitters, the PIC will maintain a separation distance of at least

5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to 

meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain at least a Sport Pilot Certificate and a current Class III medical certificate 

or driver’s license, plus at least 1 hour flying time and 3 takeoffs and landings within the 

previous 90 days in the type of UAS utilized in operations. 

The PIC will have at least 20 hours total time and at least 10 hours flying Radio Controlled 

Model Aircraft of which will be 5 hours flying sUASs. 

Training will be conducted at a local Controlled Access flying field. JCL Real Estate LLC has 

the ability to safely train new sUAS Pilots. The PIC instructor will be at all times be able assume 

control of the sUAS.
The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include 

all preflight preparation, in flight operation, post flight requirements, all procedures including but 

not limited to: 

Safe in flight operations 

Risk Mitigation to Persons and property 

Airfield Suitability

The Observer must have the visual acuity to observe the sUAV and be able to communicate 

clearly with the PIC.

The Observers duties are;

Warning the PIC of any impending obstacles in the flight path of the sUAS.

Warning the PIC of any deviations in the planned flight path of the sUAS.

Warning the PIC should any unauthorized personnel appear in the area of the planned flight.

The Observer will have the authority to order the PIC to terminate the flight should he feel the 

flight cannot be conducted safely.

General Operating Standards

JCL Real Estate LLC will only operate its sUAS in line of sight of a pilot and/or observer and 

will operate at sites that are a 'sufficient distance' from hazard areas. Such operations will insure 

that the sUAS will "not create a hazard to users of the national airspace system or the public."

• Before an operation of a sUAV within 5NM of an airport with a control tower, the control tower 

will be called to gain permission to operate the sUAS. The PIC will give the position, altitude 

and the times the sUAS will be operated. The sUAS will not be operated at an altitude of over 

400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling. 

Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators will be 

notified and the PIC will give the right of way to avoid flying in the proximity of full-scale 

aircraft. At no time will the sUAS be operated within the final approach course and the takeoff 

course of any runway. The sUAS will not be operated at an altitude of over 400 feet AGL. 

Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 30 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute 

limit. 

• The sUAV will be programmed so that it will be operated at an altitude of no more than 400 

feet AGL.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.
• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbals).

• The sUAV will operate at speeds of no more than 40 knots, can hover, and can simultaneously

move vertically and horizontally.

• Given the small size of the sUAV and the restricted sterile environment within which they will 

operate, our sUAV operations adhere to the Reform Act's safety requirements.

The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel, it operates at lower altitudes with no people on board and will 

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximum flight time of only 20 

minutes, this offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground based 

imagery for displaying the characteristics of large, complex properties with several buildings and 

large trees. The applicants in the past have chartered 2-seat full-sized helicopters for this 

purpose, which has proven more costly than many potential clients have been able to afford. The 

benefits of reduced cost and improved quality of presentation from the sUAS will be valuable to 

and benefit many buyers and sellers of real property as well as mitigating risk by not carrying 

personnel for flight operations.

(a) No flight will be made with a Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA allowed Class of airspace at no more than 400 ft AGL, at 

an airspeed of no more than 40 knots and no further than Visual line of sight from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation;

(d) All required permits will be obtained from state and local government prior to operation;
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

JCL Real Estate LLC requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAs System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems; we 

request an experimental certificate be issued for the DJI Inspire, DJI Phantom 3, under either or 

both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well. The aircraft will not carry persons or 

property, will not carry fuel, and will only fly under strict operational requirements.

Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we 

propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft 

performing the same mission. If an experimental airworthiness certificate is not appropriate for 

this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the 

requirement for airworthiness certificate in general, citing the equivalent level of safety outlined 

in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can 

be placed, and may not have a registration number assigned to it by the FAA. We propose to 

achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard 

on the top of the aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual 

Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to 

see the designation. Additionally, we feel that the permanent placard discussed in the previous 

paragraph will provide the aircraft's registration information at the ground station. Finally, we 

will display at the ground station a high contrast flag, sign or banner that contains the words 

"Unmanned Aircraft in Use" in letters 3 inches high or greater. Since the aircraft will operate 

within Line of Sight of the ground station, the banner should be visible to anyone that observes 

the aircraft and chooses to investigate its point of origin.
14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command of an aircraft in connection with any business or employment if: (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. Our proposed operations require that the PIC

must hold at least a Sport Pilot Certificate with a Driver’s License and since the aircraft cannot 

carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though 

the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation; the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS 

Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." Training will be conducted at 

a local Limited Access flying field. JCL Real Estate LLC has the ability to provide "Safe Dual 

Training". The PIC instructor will be at all times be able assume control of the sUAV.

91.119 Minimum safe altitudes:

General. The regulation states that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the 

sUAS would be photography or survey of persons, vessels, vehicles or structures it would be 

necessary to operate closer than 500 feet to the items listed. Operations will only be flown over 

property or persons where permission has been obtained and careful pre-planned flight path has 

been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. Therefore we 

maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is 

minimal compared to manned aircraft, which should be considered in granting the exemption.
CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL

and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An 

Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from 

the sUAS on-board computer to the display screen held by the PIC, providing a constantly

updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy 

reserve as a safety buffer for delays to landing. The sUAS is battery operated and the maximum 

duration of flight from a single battery charge is 20 minutes with a 25% reserve. Since the 

aircraft will never fly more than line of sight from the point of intended landing, a full battery

charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We 

request an exemption to the word "fuel" and ask for an equivalent interpretation with the word 

“energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to 

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph 

(b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so 

that it is legible to passengers or crew." At a maximum gross weight of 6.1 pounds, the sUAS is 

too small to carry documentation, does not have an entrance, and is not capable of carrying 

passengers or crew. To obtain an equivalent level of safety and meet the intent of

91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be with 

the crew at the ground control station and available for inspection upon request. In order to 

identify the aircraft, we propose that the information found on airworthiness and registration 

certificates be permanently affixed to the aircraft via placard containing the following 

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR 91.205(a), (b), (c) Instrument and Equipment Requirements

This regulation provides a minimum set of instruments and equipment required for day and night 

VFR flight. Due to the small size of the sUAS it would be impossible to carry many of these 

instruments. 91.205 (b) 4,5,6,7,8,13,14,16,17 are not applicable as the sUAS has no 

Reciprocating engines or seats. 91.205 (b) 2,3,9 are provided on the hand held controller. 

91.205(b) 1 is not applicable as the maximum available speed of the sUAS is less than the 

maximum required by this exemption and has no effect on performance. 91.205 (b) 10 is not 

applicable as the landing gear position can be verified visually before landing. 91.205 (b) 15 Due 

to the size it would be impossible for the sUAS to carry any known ELT. 91.205 (c) Much of this 

equipment is too heavy to be carried by the sUAS. We feel that visual contact with the sUAS and 

indications provided via the controller that all critical information can be monitored.
14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 

require that the aircraft be "approved for return to service by a person authorized under 43.7" 

after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for return to service." The

PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition 

conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC 

is limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. We feel that due to the size, 

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Safety and Benefits of the UAS

JCL Real Estate LLC will be using the UAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer 

myriad benefits over the use of full-sized manned aircraft for electric power line inspection, 

oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few. 

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS 

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew. 

By granting JCL Real Estate LLC’s requested exemptions, the FAA will help drive development 

of safe and successful commercial UAS operations and will advance the public knowledge base 

for such operations. JCL Real Estate LLC is committed to promoting the UAS research efforts of 

policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial 

UAS operations and serving as a resource for future UAS research operations. Thus, the FAA has 

good cause to grant this Petition.

Conclusion

As pointed out in this application, all the SUAs which our company would use, under 

authorization by the US DOT-FAA, are small, light-weight devices operated within the line of 

sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles 

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, 

unless the air traffic control authorities (ATC) have been notified and have authorized each flight 

within a radius of this distance.

All our SUAs have proven capability for controlled flight. They are devices offered for general 

sale on the market around the world and have often been used as Model Aircraft in the USA.

We are certain that the studies conducted until now by the FAA, about Section 332, Public Law

112-95, 2014, have already provided you with the assurances on the airworthiness of SUAs such 

as ours.

For the foregoing reasons, the exemptions requested herein should be granted. JCL Real Estate 

LLC should be permitted to conduct small UAS operations in accordance with its manuals and 

all other operating parameters deemed necessary and appropriate by the FAA.
The submission of this application and its contents is the best demonstration that indeed it is 

possible to pursue the authorization process so that some SUAs may be used for legitimate 

commercial activities and under reasonably safe conditions. If any individual aspect of this 

request for exemption be unacceptable we ask that it be struck alone and the remainder of the 

exemption be allowed as requested.

JCL Real Estate LLC

Signed John E. Gugger