July 11, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: 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); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & (b); 91.407(a) (1); 

91.409 (a) (2); 91.417 (a) & (b)

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Cobb UAS, Inc. developer and operator of small Unmanned Aircraft 

Systems (sUAS) equipped to conduct Fire and Rescue Training and Operations in the United 

States (US) to increase firefighter safety and effectiveness in training and operations in a manner 

not currently available solely with ground operations, hereby applies for an exemption from the 

listed Federal Aviation Regulations (FARs) to allow commercial operations of sUAS, 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.

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 3) controlled as to access and 4) would provide safety enhancements to 

the already safe operations in fire and rescue operations presently using conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator's) responsibilities to "establish requirements for the safe 

operation of such aircraft systems in the national airspace system."

The name and address of the applicant is:

Cobb UAS

Attn: Jason Hershcopf

17603 Cobb Avenue

Poolesville, MD 20837

jason.hershcopf@cobbuas.com

The conditions proposed by the applicant are drawn from order 8900.1 CHG 0

Regulations from which the exemption is required

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)
14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CPR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing Section

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the national airspace 

system (NAS) before completion of the rulemaking required under Section 332 of the Reform 

Act. In making this determination, the Secretary is required to determine which types of sUAS

do not create a hazard to users of the NAS or the public or pose a threat to national security in 

light of the following:

• The sUAS's size, weight, speed, and operational capability

• Operation of the sUAS in close proximity to airports and populated areas; and

• Operation of the sUAS within visual line of sight of the operator.

This exemption would permit commercial operation by Cobb UAS, which uses all versions of 

the DJI Phantom, DJI Inspire, DJI S900, DJI S1000 and SkyHunter fixed wing to conduct flight 

training, fire and rescue operations and training, and demonstration flights.

Reform Act Section 333 (a). Lastly, if the Secretary determines that such vehicles "may operate

safely in the national airspace system, the Secretary shall establish requirements for the safe

operation of such aircraft in the national airspace system." ID Section 333(c) The Federal 

Aviation Act expressively grants the FAA the authority to issue exemptions.

This statutory authority by its terms includes exempting civil aircraft, as the term is defined 

under section 40101 of the Act, that includes sUAS, from the requirement that civil aircraft must 

have a current airworthiness certificate.

Applicant interprets this provision to place the duty on the Administrator not only process

applicants for exemptions under section 333, but for the administrator to craft conditions for the 

safe operation of the sUAS, if it should be determined that the conditions set forth herein do not 

fulfill the statutory requirements for approval.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

find the exemption in the public interest. 49 U.S.C. Section 44701(f) see also 49 USC Section 

44711(a); 49 USC Section 44704; 14 CFR Section 91.203 (a) (1).
Cobb UAS operates, sUAS fixed wing and rotorcraft, weighing 55 or fewer or lbs. including 

payload. They operate, under normal conditions at a speed of no more than 70 knots and in the 

case of our multirotors have a capability to hover, and move in the vertical and horizontal plane 

simultaneously. They will operate line of sight.

Given the small size of the sUAS involved and restricted sterile environment within which they 

will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) 

in which Congress envisioned that the FAA must, by exemption, allow commercial operations of

sUAS to commence immediately. Also due to the size of the sUAS and the restricted areas in 

which the relevant sUAS will operate, approval of the application presents no national security 

issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions and chemical spills, exemptions associated 

with allowing sUAS for agricultural operations, the grant of the requested exemptions is in the 

public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay.

AIRCRAFT AND EQUIVELANT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to aircraft that have the 

characteristics and that operate within the limitations listed herein. These limitations provide for 

at least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the already safe 

operations being used with conventional aircraft.

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observing.

3. Maximum total flight time for each operational flight will be 120 minutes for multirotor

application and 90 minutes for fixed wing operation. Flights will be terminated at 25%

battery power reserve should that occur prior to the 30 minute limit for fixed wing

operations.

4. Flights will be operated at an altitude of no more than 1,000 feet AGL.

5. Minimum crew for each operation will consist of the sUAS Pilot

6. sUAS Pilot will have at least a private pilot written exam, No Medical required.

7. sUAS Pilot will be pilot in command (PIC). If a pilot certificate holder other than the

sUAS Pilot, who possess the necessary PIC qualifications, is also present at flight 

locations (i.e. the aerial coordinator), that person can also be designated as PIC

8. The sUAS will only operate within a confined "sterile area" and have a "Security

Perimeter" for the flight operations area.

9. When possible, a briefing will be conducted in regard to the planned sUAS operations 

prior to each day's production activities. It will be mandatory that all personnel who will 

be performing duties within boundaries of the safety perimeter be present for this 

briefing.

10. The operator will file a FAA Form 77ll-1, or its equivalent, as modified in light of the

requested exemption, with the appropriate Flight Standards District Office (FSDO).
11. When possible, the operator will obtain the consent of all persons involved in the flying 

area and ensure that only consenting persons be allowed within 100 feet of the flight 

operation, and this radius may be reduced to 30 feet based upon an equivalent level of 

safety and determination. With the advanced permission of the FSDO, operations at 

closer range can be approved.

12. The operator will submit a Plan of Activities to the FSDO 30 minutes before the 

proposed flights.

13. Pilot and observer will have been trained in the operation of sUAS generally and received

up-to-date information on the particular sUAS. Observer and Pilot will at all times be 

able to communicate by voice.

14. When possible, fire and rescue operations will obtain oral permission from the relevant 

property holders.

15. If the sUAS loses communications or it loses its GPS signal, the sUAS will have

capability to return to a pre-determined location within the Security Perimeter and land.

16. The sUAS will have capability to abort flight in case of unpredictable obstacles or

emergencies.

14 C.F.R. Part 21, Subpart H: Air worthiness certificates 14 C.F.R. Section 91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR Section 91.203 (a) (1). Given the size 

and limited operating area associated with aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement 

for an airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, proximity to airports and populated areas of the particular sUAS. In all cases, an 

analysis of these criteria demonstrates that the sUAS operated without an airworthiness 

certificate, in a restricted environment and under the conditions proposed will be at least as safe, 

or safer, than conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the retractions and conditions proposed.

The sUAS to be operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable materials liquid fuels, and operates

exclusively within a secured area as set out in the manual. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by both the operator and, pursuant 

to the requirements, and in compliance to local public safety requirements, to provide security of 

the area of operation as is now done with conventional flag man. The FAA will have advance 

notice of all operations. These safety enhancements, which already apply to civil aircraft 

operated in connection to agricultural aerial applicators , provide a greater degree of safety to 

public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 CFR. Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the sUAS, due to its 

size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load. The FAA has issued the following 

exemption to this regulation to exemptions to this regulation to Exemption No. 11282.

14 C.F .R. Section 45.23 (b). Marking of the aircraft
The regulation requires:

When marks include only the Roman capital letter "N" and the registration of the number is 

displayed on limited, restricted or in a light-sport category aircraft or experimental or 

provisionally certified aircraft, the operator must also display on the 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 spot," "experimental," or "provisional," as applicable.

Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the 

sUAS will have no entrance to the cabin, cockpit or pilot station on which the word 

"experimental" can be placed. Given the size of the ssUAS, the two inch lettering will be 

impossible. The word "experimental" will be placed on the fuselage in compliance with §45.29 

(f). The equivalent level of safety will be provided by having the ssUAS marked on it fuselage as

required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the

identification of the sUAS as "Experimental." The FAA has issued the following exemptions to 

this regulation to exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167A and 

11282.

14 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit pilots to non-commercial operations. Because the sUAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of

current operations by requiring the PIC operating the aircraft to have a sport pilot's Certificate 

rather than have than a commercial pilot’s Certificate to operate this small sUAS. Unlike a 

conventional aircraft that carries a pilot and passengers, the sUAS is remotely controlled with no 

living thing onboard. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance as set forth by in the S.O.P. The level of safety provided by 

the requirements included in the S.O.P exceeds that provided by a single individual holding a 

commercial pilot's certificate operating a conventional aircraft. The risks associated with the 

operation of the sUAS are so diminished from the level of risk associated with the operation of a 

commercial operations contemplated with Part 61 when drafted, that allowing operations of the 

sUAS as requested with a recreational pilot as the PIC exceeds the present level of safety 

achieved by 14 CFR §61,113 (a) & (b). The FAA has issued the following exemption to this 

regulation to exemptions to this regulation to Exemption No. 11282.

14 C.F.R. §91.7 (a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthiness

condition. As there will be no airworthiness certificate issued for the aircraft, should this

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the SOP for maintenance and use 

of safety check lists prior to each flight, and equivalent level of safety will be provided. The 

FAA has issued the following exemption to this regulation to exemptions to this regulation to 

Exemption No. 11282.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides:

No person may operate a U.S.-registered civil aircraft
(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placard, or any combination thereof.

The sUAS, given its size and configuration has no ability or place to carry such a flight manual 

on the aircraft, not only because there is no pilot onboard, but because there is no room or

capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground

control point where the pilot flying the sUAS will have access to it. The FAA has issued the

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565,

9565B, 10167, 10602, 32827, 11282, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to ensure the 

safety of the flight. As the FAA approved rotor craft flight manuals will not be provided as set

forth in sections the SOP. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. The FAA has issued the following exemption to this regulation to exemptions 

to this regulation to Exemption No. 11282.

14 C.F.R. §91.109: Flight instruction

Section 91.103 provides that 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. sUAS and remotely controlled aircraft, by their design do not have fully functioning 

dual controls. Flight control is accomplished through the use of a control box that communicates 

with the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functioning dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See exemption Nos.5778K & 9862A and 11282. The equivalent level of 

safety provided by that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operations of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed provided the person operating

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As

exemption is for the sUAS that is a helicopter and the exemption requests authority to operate at

altitudes of up to 400 AGL for rotorcraft and 1000 AGL for fixed-wing, or not more than 200 

above an elevated platform such as radio towers, an exemption may be needed to allow such 

operations. As set forth by herein, except for the limited conditions stated in the SOP, the sUAS

will never operate higher than 400 AGL rotorcraft and 1000 AGL for fixed-wing. It will however 

be operated in a restricted area with a security perimeter. The equivalent level of safety will be 

achieved given the size, weight, speed of the sUAS as well as the location where it is operated. 

No flight will be taken without the permission of the property owner or local officials. Because 

of the advance notice to the property owner and participants in the activity, all affected 

individuals will be aware of the planned flight operations as set forth in the SOP. Compared to 
flight operations with aircraft or rotorcraft weighing more far more than the maximum 55lbs. 

proposed herein and the lack of flammable fuel, any risk of associated with these operations is 

far less than those presently presented with conventional aircraft operating at or below 500 AGL. 

In addition, the low-altitude operations of the sUAS will ensure separation between these small 

sUAS operations and the operations of conventional aircraft that must comply with Section

91.119. The FAA has issued the following exemption to this regulation to exemptions to this 

regulation to Exemption No. 11282.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate

altimeter setting available before departure." As the sUAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight. The FAA has issued 

the following exemption to this regulation to exemptions to this regulation to Exemption No. 

11282.

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

Section 91.151 (a) prohibits and individual from beginning "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; or (2) At night, to fly after that for at least 45 minutes." The 

battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 

30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to

approximately 10 minutes in length. Given the limitations on the sUAS's proposed flight area 

and the location of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR (a) falls within the scope of prior exemptions. 

See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance 

with FAR 91.151(a)). Operating the small sUAS, in a tightly controlled area where only people 

and property owners or official representatives who have signed waivers will be allowed, with

less than 30 minutes of reserve fuel, does not engender the type of risk that Section 91.15l(a) was

intended to alleviate given the size speed of the small sUAS. Additionally, limiting sUAS flights 

to 10 minutes would greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30

minutes or 25% of battery power whichever happens first. This restriction would be more than

adequate to return the sUAS to its planned landing zone from anywhere in its limited operating 

area. Similar exemptions have been granted to other operations, including Exemptions 2689F,

5745, 10673, 10808 and 11282.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:
(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it 

the following:

(1) An appropriate and current airworthiness certificate

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at 

the cockpit entrance so that it is legible to passengers or crew.

The sUAS fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or display them 

on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the

ground control point where the pilot flying the sUAS will have immediate access to them, to the 

extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this

regulation. A representative sample of other exemptions includes Exemption Nos. 9565, 9665,

9789, 9789A, 9797, 9816A, 10700 and 11282.

14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b)

These regulations require that an aircraft operator or owner "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. 

..," and others shall inspect or maintain the aircraft in compliance with part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the application. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook as referenced in the Manual. An equivalent 

level of safety will be achieved because these small sUAS are very limited in size and will carry 

a small payload and operate only in restricted areas for limited periods of time. If mechanical 

issues arise the sUAS can land immediately and will be operating from no higher than 400 feet 

AGL rotorcraft and 1000 AGL for fixed wing.

As provided in the SOP, the operator will ensure that the sUAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any maintenance preformed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain 

the aircraft in an airworthy condition to provide the equivalent level of safety.

Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 CFR §21, subpart H; 14 C.F.R 45.23 

(b); 14 CFR§§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);91.103 (b); 91.109; 91.119;91.121;91.151 

(a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate 

commercially a small unmanned vehicle (55lbs or less) in Fire and Rescue operations.

Approval of exemptions allowing commercial operations of sUAS in Fire and Rescue operations

will enhance safety by reducing risk to both people and property. Conventional operations using 

jet or piston aircraft, operate at extremely low altitudes just feet from people and property; and 

present the risks associated with vehicles that weigh in the neighborhood of 3,000-5,000 lbs., 
carrying large amounts of jet A or other fuel in most cases helicopters operating with 140 gallon 

fuel tanks. The sUAS will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights.

The operations of small sUAS, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the Part 21 and 

allowing commercial operations. These lightweight ssUAS operate at slow speeds, close to the 

ground and in sterile environment and, as a result, are far safer than conventional operations 

conducted with a piston and or turbine aircraft operating close to the ground. The FAA has 

issued the following exemption to this regulation to exemptions to this regulation to Exemption 

No. 11282.

Public Acknowledgement/Privacy

Cobb UAS has established a chapter in their Operations Manual to protect the public privacy. 

Cobb UAS knows that many individuals have concerns about privacy from the operations of 

sUAS. Cobb UAS has created a privacy notice that informs residents, commercial property 

owners, churches, schools, and governmental organizations of our intent to conduct commercial 

drone operations in proximity to their property.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012:. size, weight, 

speed, operating capabilities, proximity to populated areas and or close proximity to airports and 

operations within visual line of sight provides more than adequate justification for the grant of 

the requested exemptions allowing commercial operation of applicant's sUAS in the Fire and 

Rescue industry.

If additional information is required, or if you have any questions regarding this Petition for 

Exemption, please contact the undersigned at:

Jason Hershcopf, President

Cobb UAS

Email: jason.hershcopf@cobbuas.com