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Robert B. Dreer

821 Briarhill Lane 

Traverse City, MI 49686 

810-543-1959

robert@cherrycapitaldrones.com

February 13, 2015

U.S. Department of Transportation 

Docket Operations 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Submission of Request for Determination under Section 333 of the FAA Modernization

and Reform Act and Exemptions under 14 C.F.R. Section 11.81 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”), I, Mr. 

Robert Dreer hereby request a determination by the Secretary of Transportation authorizing 

conduct of commercial operations of its UAS for the purposes of photography, videography,

inspection of infrastructure, surveying, mapping and photogrammetry, precision agriculture, and 

scientific & environmental research. Pending a grant of exemption, I will be launching my

company, a veteran-owned small business, which will provide a broad spectrum of safe, lowcost, aerial solutions. I will be using UAS manufactured by 3D Robotics (3DR). Operations will 

be conducted within and under the safeguards outlined herein and as may be established by the 

FAA under FMRA Section 333(c). 

I also petition for exemptions as necessary to effect the determination requested pursuant to 

FMRA Section 333. The attached documentation includes detailed exemption requests that 

demonstrate how these exemptions are in the public interest and will maintain at least an equal 

level of safety to existing regulations. Authorizing me to conduct commercial UAS operations

would enhance community education and awareness of UAS. Further, operation of his UAS in 

these commercial operations are less disruptive, safer, and more cost effective than manned 

aviation equivalents due to the low altitude environment, given the size, speed and inherent risk 

of traditional commercial helicopter operations. These commercial operations often occur in the 

unsafe areas of the height-velocity diagram requiring special precision and skill. I will conduct 

the commercial UAS operations in a manner that will meet, and in many cases exceed, the 

current level of safety of commercial helicopter operations. I will employ UAS that are under 10

lbs, have a low noise signature, and carry no volatile fuel, which will limit collateral damage in 

the event of catastrophic failure. The low expense of operation compared to cost prohibitive 

manned aviation alternatives allow a greater economic benefit to businesses. For these reasons, 

granting an exemption under FMRA Section 333(c) is in the public interest. UAS technology 

used for these commercial purposes benefit the public interest in the following ways:
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 Reduces the collateral damage risks to life and property associated with low altitude 

helicopter operations in undesirable portions of the height-velocity envelope.

 Increased public awareness regarding safe and responsible utilization of UAS.

 Increased economic wellbeing to local businesses via cost reductions.

 Enabling aerial business solutions to be available to a larger market.

 Enhanced agriculture practices resulting in reduced environmental contamination from 

pesticide/fertilizer runoff and increased crop yields.

 More efficient and frequent inspection of infrastructure due to reduced cost.

Additionally, I commit to hiring appropriately qualified military veterans from the local 

community whenever possible in future expansions. I appreciate your careful consideration in 

granting this exemption.

Robert B. Dreer

821 Briarhill Lane 

Traverse City, MI 49686 

810-543-1959 

robert@cherrycapitaldrones.com
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Table of Contents

I. Regulations – Exemptions Requested

II. Commercial Operation/Operator

III. Unmanned Aircraft System (UAS)

IV. UAS Pilot-in-Command (PIC)

V. Public Interest

VI. Summary

VII. Appendix A – IRIS+ Operating Documents

VIII. Appendix B – X8+ Operating Documents

IX. Appendix C – Aero-M Operating Documents

X. Appendix D – Common Documents

I. Regulations – Exemptions requested

Pursuant to 14 C.F.R. § 11.81(e), I, Robert Dreer seek exemption from the below mentioned 

regulations and provide reason as to why the exemption should be approved based on the level of 

safety at least equal to that of which the rules require.

 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates

o Establishes: The procedural requirements for the issuance of airworthiness 

certificates as required by 14 C.F.R. § 91.203(a)(1) 

Given the small size of the UAS and the safeguards that will be taken as outline below, 

an exemption from Part 21 Subpart H meets the requirements of an equivalent level of 

safety under Part 11 and Section 333 of the FMRA with consideration “of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the 

particular UAS.”

 14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements

o 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. 

My UAS will ensure compliance with § 45.29(f) to meet the intent of the regulation by

displaying the registration number in the largest practicable lettering.

 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) – Private and Commercial Pilot Privilege 

and Limitations
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o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this 

section, no person who holds a private pilot certificate may act as pilot in 

command of an aircraft that is carrying passengers or property for compensation 

or hire; nor may that person, for compensation or hire, act as pilot in command of 

an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in 

command of an aircraft in connection with any business or employment

o 14 C.F.R. § 61.133: (a) Privileges – (1) General. A person who holds a 

commercial pilot certificate may act as pilot in command of an aircraft – (ii) For 

compensation or hire, provided the person is qualified in accordance with this part 

and with the applicable parts of this chapter that apply to the operation. 

Currently, there are no applicable areas identified for UAS in either the private or the 

commercial sector and therefore an exemption is required to conduct commercial 

operations. As flight operations will be conducted with an abundance of caution 

following the procedure outline below, my operations will achieve an equivalent level of 

safety for each individual flight especially when compared to commercial flights 

identified in Part 61 when originally developed. My operation will be conducted with 

pilots who hold, at a minimum, a private certificate of any category or class and a 3

rd

class medical. I, Robert Dreer, a commercial pilot and CFI, will oversee the flying 

program.

 14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness

o No person may operate a civil aircraft unless it is in an airworthy condition.

Currently there is no airworthiness certificate for 3DR UAS. Daily pre and post flight 

inspections will be accomplished in accordance with manufactures maintenance 

manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air 

operations immediately upon identification of an in-flight emergency or other unsafe 

condition. By complying with procedures outlined by the manufacturer, an equivalent 

level of safety will be achieved.

 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements

o (b)(2) prohibits operation of U.S.-registered civil aircraft 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. 

By keeping all operating documents, manuals, authorizations and exemptions in a binder 

co-located with the GCS, I can meet the intent of the regulations and therefore achieve an 

equivalent level of safety.

 14 C.F.R. 91.109(a) – Flight Instruction

o 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.

The majority of sUAS by design are developed with single operational control through 

the use of pre-determined GPS enabled waypoints programmed before or during flight in
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addition to the use of a single hand held transmitter or control station controlled by the 

PIC. The design does not allow for dual controls during flight training and therefore the

exemption is requested to train operators, build experience, and maintain proficiency. An 

equal level of safety will be achieved by conducting all training in stile environment. 

Training sessions will be accomplished separately from flights conducted for 

compensation or hire.

 14 C.F.R. 91.119 (c) – Minimum Safe Altitudes

o Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes: (b) Over any congested area of a city, town, or 

settlement, or over any open air assembly of persons, an altitude of 1,000 feet 

above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If 

the operation is conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in 

paragraph (b) or (c) of this section, provided each person operating the helicopte r 

complies with any routes or altitudes specifically prescribed for helicopters by the 

FAA.

Commercial UAS operations will be conducted at or below 400 ft. AGL. Given the size, 

weight and lack of fuel; combined with operation limitations listed below, the operation 

will be conducted with a greater level of safety than exists with current manned aviation 

operations.

 14 C.F.R. 91.121 – Altimeter Settings

o Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating... 

SUAS are equipped with Global Positioning System (GPS), which provide altitude and 

geo-location data to the operator without utilizing an altimeter. Due to this fact, an 

exemption is required. GPS are precise within a few feet and combined with fail-safes

and a visual observer the operation will meet an equivalent level of safety.

 14 C.F.R. 91.151(a) – Fuel Requirements for Flight in VFR Conditions

o No person may begin 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;

This regulation is written based on the capabilities of a traditional aircraft, which have 

flight times of several hours or greater; therefore, with the majority of sUAS which have 

flight times of only an hour or less, this regulation would effectively deny the ability of 

the air vehicle to operate.
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The 3DR UAS display a visual and emit an audible low battery alert at 25% at which 

time the UA will automatically engage the landing sequence. Based upon that safeguard 

and the small operational area in VLOS, the operation can meet an equivalent level of 

safety.

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance 

Inspections

o 91.405(a) States: Each owner or operator of an aircraft—(a) Shall have that 

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

o 91.407(a)(1) States: (a) No person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless—(1) It has 

been approved for return to service by a person authorized under § 43.7 of this 

chapter

o 91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no 

person may operate an aircraft unless, within the preceding 12 calendar months, it 

has had—(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. No inspection performed under paragraph 

(b) of this section may be substituted for any inspection required by this 

paragraph unless it is performed by a person authorized to perform annual 

inspections and is entered as an ‘‘annual’’ inspection in the required maintenance 

records.

o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 

91.411 and 91.413, each registered owner or operator shall keep the following 

records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i 

– iii), 2 (i – vi)); (b) The owner or operator shall retain the following records for 

the periods prescribed: (paragraphs 1 – 3)

Because 3DR UAS at present do not have airworthiness certificates, these regulations do 

not apply and therefore an exemption is required. Pre/Post flight inspections and 

maintenance will be conducted in accordance with the manufacturer’s guidance as stated 

in the operations manual. In addition, to meet the intent of these regulations, I will 

maintain daily logs of pre and post flight inspections. If maintenance is required, a 

dedicated test flight will be conducted to ensure safety before resuming commercial 

operations. All inspection, maintenance and alterations will be documented and 

maintained in a record. These actions will meet the intent of the regulations from which 

exemption is being requested and lead to an equivalent level of safety.

II. Commercial Operator/Operation

Initially, I will be the sole operator of the exempted UAS, with subsequent hiring of employees 

to follow. I have approximately ten years of experience operating UAS in restricted and tactical 

airspace supporting military and civilian operations. I received my training in the US armed 
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forces and my military occupational specialty is 15W, UAS Operator. During my time military 

service, I conducted UAS operations in Arizona, Texas, California, and Iraq. Following military 

service, I joined the private sector, conducting UAS operations in Utah and Afghanistan. I am

certified by the manufacturer of several high-end UAS, namely the AAI Shadow and Aerosonde

Mk 4.7. I am a UAS subject matter expert and am currently teaching in academia. I hold a 

commercial pilot certificate, airplane, single and multi-engine land and have approximately 20 

hours of flight and ground training toward a helicopter add-on. Additionally, I hold a flight 

instructor certificate, SEL and Instrument, currently working on adding multi-engine. I possess 

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nd class medical. I request that my future employees be exempt from§ 61.113 (a) and (b) 

allowing operations of my UAS for compensation or hire, possessing only a private pilot 

certificate and 3

rd class medical. A private pilot certificate will demonstrate a safe and equivalent

level of aeronautical safety, judgment, security and responsibility to operate my UAS.

I am knowledgeable in human factors awareness; crew resource management; and risk 

management. I will apply those principles to my operation. 

For each flight, my employees or I:

 Will contact the controlling air traffic organization to issue a NOTAM.

 Will obtain a preflight briefing from a pilot briefer, DUATS, or similar means.

 Will conduct a comprehensive worksite inspection and analysis, identifying limits of 

customer property or authorized access areas.

 Will conduct preflight planning in accordance with Section 91.103 Preflight Action.

 Will operate in those areas only with the consent of the landowner or designated 

representative.

 Will identify potential obstructions or other hazards to safe operation.

 Will clear the area of personnel or bystanders that are non-essential to the operation, 

maintaining at a minimum, 500 feet away from non-participating persons.

 Will conduct a preflight safety briefing to Visual Observer (VO) and participating 

persons.

 Will at all times yield to manned air traffic.

 Will operate within VLOS of both PIC and VO during daylight hours only.

 Will maintain voice communications with VO and participating persons.

 Will operate under Class D visual flight rules, defined as 500 feet below and 2000 feet 

horizontal from clouds with a minimum of 3 statute miles of visibility.

 Will not exceed an altitude 400 feet AGL as determined by the installed GPS.

 Will keep operating documents, manuals, authorizations and exemptions in a binder colocated with the GCS.

 Will immediately terminate flight, in the safest manner possible, when safety to persons 

or property become compromised.

 Will terminate flight, in the safest manner possible, when unable to comply with these 

limitations or any other limitations granted as part of this exemption.

In order to remain at an altitude at or below 400 feet AGL, relief is needed from Section 91.119 

(c) and (d). By following these operating standards, the commercial operation will meet an 

equivalent level of safety to the regulation in which relief is sought.
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III. Unmanned Aircraft System

I seek an exemption to operate the 3DR line of UAS. The IRIS+ is the primary aircraft in our 

operation for which we seek exemption. We will be acquiring the 3DR X8-M and Aero-M UAS 

at a later time and so wish to include those platforms in this exemption as well. The 3DR UAS 

utilize a common autopilot system and common ground control station software (GCS). The 

UAS will be flown via a combination of RC control, Tablet GCS, or PC-based GCS. The IRIS+ 

and X8-M are GPS equipped, multirotor helicopters. The IRIS+ is a quad-type utilizing four 

rotors. The X8-M is a quad-type utilizing eight rotors in an “X” configuration. The Aero-M is a

GPS equipped, lightweight, foam, fixed wing aircraft with a minimum airspeed of 22 MPH and a 

max airspeed of 45 MPH. The UAS are powered by lithium-polymer batteries. The UAS will 

carry Go Pro and other small point and shoot cameras. 

The IRIS+ and X8-M UAS have the capability to land at its current location with a dedicated 

switch. The UAS also has several fail-safes for loss of RC signal, loss of GPS, and low battery as

outlined in the respective Operation Manuals. The UAS display a visual and emit an audible low 

battery alert at 25% at which time the UA will automatically engage the landing sequence. Base d 

upon that safeguard, I request exemption from Section 91.151(b) Fuel requirements for flight in 

VFR conditions.

The UA also has a geofence function, which will be programmed for a maximum altitude of 400 

feet AGL and within the lateral boundaries of the worksite. The UAS, except for the Aero-M,

will not have an installed barometric altimeter and will rely on GPS to determine altitude and 

speed. Given the aircraft will be operated within VLOS with the aid of a VO, I believe the 

operation can be conducted with an equivalent amount of safety and therefore request exemption 

from Section 91.121

Given the size, weight, speed, and controlled operating area associated with the UA to be 

utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 

91.203 (a) and (b) is requested. I seek exemption from § 45.23 Marking of the aircraft. The UA 

will display the registration number in the largest practicable lettering. He wished to be exempt 

from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will 

be conducted according to operations manual and prudent judgment as previously outlined to 

determine the integrity and safety of the UAS and associated equipment. Further, I require relief 

from 91.7(a), which prohibits the operation of an aircraft without an airworthiness certificate and

91.9(b) (2) requiring an approved flight manual in the aircraft. The UAS will not be operating 

with an airworthiness certificate therefore, this would be inappropriate. The UAS are too small to 

carry the operating documents so an equivalent amount of safety can be achieved through 

keeping the operating documents and manuals at the GCS.

IV. UAS Pilot in Command (PIC)
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Under § 61.113 (a) and (b) private pilots are limited to non-commercial operations, however I 

can ensure my operation will achieve an equivalent level of safety as current regulation because 

my UAD do not carry any pilots or passengers. A commercial pilot certificate will not ensure RC

piloting ability, as the psychomotor skills are different. The inherent risks of operating a UAS are 

far less than in the commercial activities outlined in 14 CFR part 61, et seq., thus I request an 

exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command. All UAS

PICs will have logged, in accordance with 61.51 (b), appropriate training on the UA consisting 

of 25 hours as UAS rotorcraft, 10 hours multirotor UAS or 25 hours as UAS airplane, 10 hours 

single-engine as appropriate. PICs will maintain recent flight experience on the UAS. Training 

and experience flights will be conducted separate from commercial operations.

PIC Training will consist of:

 Pre-flight Tasks

o Assembly and inspection of UAS

o Set-up and configuration of RC radio and GCS

o System checks

 Mission Tasks

o Takeoff and landing

o Manual flight modes

o Autonomous flight modes

o Emergency Procedures

 Post-flight Tasks

o Inspection

o Shutdown

o Disassembly

 Other Tasks

o Regulations

o Operating limitations

o Flight planning

V. Public Interest

Given the above stated evidence, procedures, and precautions; I feel that operating my UAS 

commercially for the purposes of photography, videography, inspection of infrastructure, 

surveying, mapping and photogrammetry, precision agriculture, and scientific & environmental 

research will ultimately be in the public interest. These operations, when executed with 

prudence, will exceed the current level of safety as the regulations from which I seek exemption. 

My operation will allow greater access to commercial aerial services that were not previously 

economically feasible for many firms. This will provide a much needed economic uplift to the 

community and hence the public. My operation will be conducted with less risk of collateral 

damage to persons and property while limiting disruptive noise pollution associated with low 

altitude aviation operations.

A major factor to consider regarding the public interest is the current state of UAS operations in 

the US. As a manned aviator, the need to integrate UAS into the national airspace system in a 

safe, deliberate manner, is always at the forefront of my mind. While not all, many individuals 
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operate UAS and model aircraft in a reckless manner out of either ignorance or carelessness, as 

evidenced by the increasing reports of manned-unmanned incursions and incidents such as the 

DJI Phantom that recently crashed on the White House lawn. As the technology becomes more 

readily available, the challenges will intensify. By allowing commercial operations, it will enable 

communities to become educated in the proper use of this technology. As an educator, I am 

already working to foster positive awareness and safe, responsible utilizatio n of UAS 

technology. Granting my exemption will result in a direct extension of these efforts, which is in 

the public interest. 

VI. Summary

Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and Reform

Act of 2012”, Robert B. Dreer, hereby applies for authorization to conduct commercial 

unmanned aerial systems (UAS) operations for the purposes of photography, videography, 

inspection of infrastructure, surveying, mapping and photogrammetry, precision agriculture, and 

scientific & environmental research.

Rules in which I seek exemption:

 14 C.F.R. Part 21 Subpart H

 14 C.F.R. § 45.23(b)

 14 C.F.R. § 61.113 and 61.133(a)(1)(ii)

 14 C.F.R. § 91.7(a)

 14 C.F.R. 91.9(b)

 14 C.F.R. § 91.103

 14 C.F.R. § 91.109(a)

 14 C.F.R. § 91.119

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(2)

 14 C.F.R. § 91.417(a) & (b)

Throughout this exemption request, I have shown how my expertise and knowledge with UAS 

technology will ensure the public’s best interest is at hand and how my operation will aid in 

safely integrating civil UAS into the national airspace system.