1 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 Determinati on 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 o f T ransportation authorizing conduct of commercial operation s 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, low cost, aerial solutions. I will be using UAS manufactured by 3 D Robotic s (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 Secti on 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 re gulations. 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 comm ercial operation s 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 commer cial 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 alternative s 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:2

 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 yi elds .  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.com3

**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 exe mption 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 an d Section 333 of the FMRA with cons ideration “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 c ertificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot s tation, 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**4

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 wh o 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 priv ate 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 aircra ft unless it is in an airworthy condition. Currently there is no airworth iness certificate for 3 DR UAS. Daily pre and post flight inspections will be accomplished in accordance with manufactures maintenance manual(s) and guidance. During flight, the PIC w ill adhere to § 91.7(b) and abort air operations immediately

u pon 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)**
**– Fl** **ight 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

o f sUAS by design are developed with sin gle operational control through the use of pre - determined GPS enabled way points programmed before or during flight in5 addition to the use of a single hand held transmitter or control station controlled by the PIC. The design do es 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 f or 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 o f 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 altitud e 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

b e 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 b e, 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

b egin 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 o f sUAS which have flight times of only an hour or less, this regulation would effectively deny the ability of the air vehicle to operate.6
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 inspecte d 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

a ircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

—(1) It has been approved for return to service by a p erson 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 par agraph (b) of this section may b e 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 flig ht 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 main tenance 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 regu lations from which exemption is being requested and lead to an equivalent level of safet y. **II. Commercial Operator** **/Operation** Initially, I will be the sole operator of the exempted UA S , with subsequent hiring of employees to follow. I have approximately ten years of experience operating UAS in restricted and tactical airspace supporting mili tary and civilian operations. I received my training in the US armed7 forces and my military o ccupational sp ecialty

i s 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 S hadow 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 2 0 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 2 nd class medical. I request that my future employees be exempt from§ 61.113 (a) and (b) allowing operations of my UA S 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 c onduct a preflight safety briefing to V isual Observer (VO) and participating persons .  Will at all times yi eld 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 exempti ons in a binder co located 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

f ollowing these operating standards, the commercial operation will meet an equivalent level of safety to the regulation in which relief is sought.8

**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 3D R 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 -ty pe utilizing four rotors. The X8 -M is a quad-ty pe 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 -poly

mer batteries. The UAS will carry Go Pro and other small point and shoot cameras. The IRIS+ and X8 -M UA S have the c apability to land at its current location with a dedicated switch . The UA S also has several fail - safes for loss of RC signal, loss of GPS, and low battery as outlined in the respective Operation Manual s . 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 functi on, which will be programmed for a maximum altitude of 400 feet AGL and within the lateral boundaries of the worksite. The UA S, 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 registrati on 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

o f the UA S 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 m anual in the aircraft. The UAS will not be operating with an airworthiness certificate therefore, this would be inappropriate. The UA S are too small to carry the operating document s 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)** 9 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 a s 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 le ss 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 UA S 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 UA S . 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 th e 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 aviati on operations. A major factor to consider regarding the public interest is the cu rrent 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 individuals10 operate UAS and mode l 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 b ecomes 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 a pplies 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 .