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Jack Freer

1087 Canal Drive

Gardnerville, NV 89410

(775) 267-7976

jackfreer@outlook.com

November 12, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Subject: Exemption Request Pursuant to Section 333 of the Federal Aviation 

Administration Reform Act and Part 11 of the Federal Aviation Regulations.

Pursuant to Section 333 of the Federal Aviation Administration Modernization and 

Reform Act of 2012 and 14 CFR Part 11, Jack Freer (Applicant), an operator of small 

Unmanned Aerial Systems (UAS), hereby applies for an exemption from the Federal 

Aviation Regulations listed below to allow commercial and research operation of a small 

UAS, so long as such operations are conducted within and under the conditions outlined

herein or as may be established by the Federal Aviation Administration as required by 

Section 333.

Specific Federal Aviation Administration Regulations from which Exemption is 

Requested:

• 14 C.F.R. Part 21 subpart H;

• 14 C.F.R. 61.23(a)&(c);

• 14 C.F.R. 61.113(a);

• 14 C.F.R. 91.7(a);

• 14 C.F.R. 91.119(c);

• 14 C.F.R. 91.121;

• 14 C.F.R. 91.151(b);

• 14 C.F.R. 91.405(a);

• 14 C.F.R. 91.407(a)(1);

• 14 C.F.R. 91.409(a)(1)&(2);

• 14 C.F.R. 91.417(a)&(b);
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Detailed justification for each requested regulation exemption:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates.

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

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

the size and limited operating area associated with the aircraft proposed 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. The Federal 

Aviation Act (49 U.S.C.§44701(f)) and Section 333 of the Reform Act both authorize the 

Federal Aviation Administration to exempt certain aircraft (such as small UAS) from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, 

speed, operational capability of the particular aircraft. In all cases, an analysis of these 

criteria demonstrates that a small UAS operated without an airworthiness certificate, in 

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

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

airworthiness certificate without the restrictions and conditions proposed. The small 

UAS proposed to be operated under this exemption is less than 55 pounds fully loaded, 

carries neither a pilot nor passenger, carries no explosive materials or flammable liquid 

fuels, and operates exclusively within a secured and designated area. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by the 

operator and in compliance with local public safety requirements. These enhancements 

provide a greater degree of safety to the public and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the small UAS, 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.

14 CFR § 61.23(a) &(c) - Medical Certificates: Requirement and Duration.

This section puts forth the requirements for medical certificates to be held by pilots of 

various license classifications. Due to the inherent low risk operation of small UAS, the 

Federal Aviation Administration is no longer requiring medical certificates for their 

specific operation.

14 C.F.R. § 61.113(a): Private Pilot Privileges and limitations: Pilot in Command.

Pursuant to 14 CFR 61.113(a) no person who holds a private pilot certificate may act as 

a pilot in command (PIC) of an aircraft that is carrying passengers or property for 

compensation or hire. Because the small UAS will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of current operations by 

requiring the PIC to be an experienced aviator with a detailed knowledge of the National 

Airspace System. The Federal Aviation Administration has acknowledged in prior grants 

of exemption under Section 333 that a commercial pilot's certificate was not necessary 

to operate a small UAS, and deemed that a Sport Pilot or Recreational Pilot certificate 

was adequate to address the Federal Aviation Administration's requirement the PIC

possess the requisite training and understanding of the National Airspace System, to 
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ensure that the PIC is registered with the Federal Aviation Administration, and that the 

flight operation will not pose a risk to national security.

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 

airworthy condition. As there will be no airworthiness certificate issued for the small 

UAS, should this exemption be granted, no Federal Aviation Administration regulatory 

standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of safety checklists prior to each flight an equivalent level of 

safety will be provided.

14 C.F.R. §91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas.

Section 91.119(c) establishes minimum safe altitudes for operation of civil aircraft as 

well as minimum personnel or property separation distances. As this exemption is for a 

small UAS and the exemption requests authority to operate at altitudes only up to 400 

AGL an exemption is needed to allow such operations. As set forth herein, the small 

UAS will never operate at higher than 400 AGL. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be exposed 

to operations without their pre obtained consent. The equivalent level of safety will be 

achieved given the small size, low weight and speed of the small UAS 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 any participants in the flight operations, all affected individuals will be aware of the 

planned flight operations. Compared to flight operations with aircraft or rotorcraft

weighting far more than the maximum 55 pounds proposed herein and the lack of 

flammable fuel, any risk 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 small UAS will ensure separation between 

these small UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119.

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." The small UAS proposed 

under this requested exemption contain both barometric pressure sensors and GPS 

altimeters which automatically set the AGL altitude to zero prior to take off, rather than 

barometric pressure or field elevation. An equivalent level of safety will be achieved by 

the PIC, pursuant to the safety checklist and live flight data monitoring, confirming the 

altitude of the launch site shown on the GPS altitude indicator before initiating any flight.

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

Section 91.151(b) prohibits an individual from beginning "a flight in a rotorcraft under 

VFR conditions unless (considering wind and forecast weather conditions) there is 
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enough fuel to fly to the first point of intended landing, and, assuming normal cruising 

speed to fly after that for at least 20 minutes." The battery powering the small UAS 

provides approximately a maximum of 30 minutes of powered flight. To meet the 20 

minute rotorcraft reserve requirement in 14 CFR §91.151 (b), small UAS flights would 

be limited to approximately 10 minutes in length. Given the limitations on the small 

UAS's proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight VFR conditions is 

reasonable. The Applicant believes an exemption from 14 CFR §91.151(b) falls within 

the scope of prior exemptions. Operating the small UAS, in a tightly controlled area 

where only people and property owners or official representatives who have signed 

waivers will be allowed, with less than 20 minutes of reserve fuel, does not engender 

the type of risks that Section 91.151(b) was intended to alleviate given the size and 

speed of the small UAS. Additionally, limiting small UAS flights to 10 minutes would

greatly reduce the utility for which the exemption might be granted. The Applicant 

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

minutes or 25 percent of battery power reserve, whichever happens first. This restriction 

would be more than adequate to return the small UAS to its planned landing zone from 

anywhere in its limited operating area.

14 C.F.R. §91.405(a); 407(a) (1); 409(a) (1) & (2); 417(a) & (b): Maintenance 

Inspections.

These regulations require 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 sections and Part 43 apply only to aircraft 

with an airworthiness certificate, these sections do not apply to the small UAS 

proposed. Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook. An equivalent level of safety will be achieved because 

these small UASs 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 small 

UAS can land immediately and will be operating from no higher than 400 feet AGL. The

operator will ensure that the small UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed. 

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.

Maintenance of an Equivalent Level of Safety

The following operational limitations are proposed for an equivalent or higher level of 

safety over that of the utilization of conventional, full-sized aircraft. These limitations and 

conditions to which the applicant agrees to adhere to when conducting commercial 

operations under any Federal Aviation Administration issued exemption:

1. The small UAS will weigh less than 55 lbs.
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2. Flights will be operated within visual line of sight of a pilot and/or observer, during 

daylight hours only and under visual meteorological conditions.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25 percent battery power reserve or 30 minutes of flight time 

whichever occurs first. The small UAS will output telemetry data to the PIC for 

determination of battery power reserve and other necessary flight parameters.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level. 

5. Minimum crew for each flight operation will consist of the small UAS PIC and a 

Visual Observer (VO).

6. The PIC will possess an airline transport, commercial, private, recreational or 

sport pilot certificate.

7. A briefing will be performed regarding the planned small UAS operations prior to 

each day's flight(s) with all persons affected. 

8. The PIC will obtain verbal/written consent of all persons involved with any

planned flight operation and ensure that only consenting persons will be allowed 

within 100 feet of the flight operation, and the radius may be reduced to 30 feet 

based upon an equivalent level of safety determination.

9. The PIC will have been fully trained in and familiar with the operation of the small 

UAS being used and will be able to demonstrate upon request the competent 

ability to operate the small UAS.

10.A preflight inspection will be performed prior to each flight to assure the small 

UAS is safe for flight. A post flight inspection will also be performed as an added 

level of safety. A complete aircraft check will also occur after every two hours of 

flight.

11.A written log will be maintained of all small UAS flight activity, including 

inspections, maintenance and replacement of critical components.

12.The PIC and VO will be able to communicate by voice or verbal radio.

13.Written and/or verbal permission and permits will be obtained from territorial,

state, county or city jurisdictions, including law enforcement, fire or other 

appropriate governmental agencies when needed.

14.If the small UAS loses control link communications it will possess the ability to 

immediately return to its launch point and land under its own autonomous control. 

If the small UAS loses its GPS signal it will immediately begin a gradual landing 

descent unless otherwise overridden by the manual control of the PIC.
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15.The small UAS will be able to quickly abort a flight and land immediately in the 

event of unexpected obstacles, weather or emergencies.

16.The small UAS will not be operated outside the limits of the United States of 

America.

The Public Interest in the Granting of this Exemption

The operation of small UAS is much less invasive and environmentally disruptive than 

conventional aircraft since the small UAS is much smaller, and propulsion is achieved 

by quiet and pollution-free electric motors. Further, since small UAS are highly 

maneuverable and efficient, they can operate safely at very low altitudes. Therefore

many routine aerial operations may be performed by commercial UAS at much lower 

risk than if conventional aircraft were used, thus enhancing the safety of nearby persons 

and property as well as other users of the National Airspace System.

Operation of a small UAS is typically far more economical than that of a conventional 

aircraft. This provides for the availability of aerial products (photographs, video, surveys, 

etc) to the general public at much lower cost, increasing accessibility.

Operation of a small UAS in support of scientific research projects can provide 

extensive visual and mapping data at minimal cost, with virtually no impact to sensitive 

sites.

Search and Rescue small UAS operations can help save lives in the event of manmade emergency, or natural disaster. The rapid deployment of small UAS can help first 

responders find access points to the affected area as well as help organize a search 

and rescue operation by quickly mapping the area and coordinating search crews to 

priority areas.

Proposed Operations

Commercial operation of small UAS, as described herein, equipped with cameras and

sensors would operate for the following purposes:

1. Aerial photography and/or video for public and/or private use including real estate,

architecture, agriculture, land surveying, engineering and other related professional

activities.

2. Aerial photography, video and data collection in support of archaeological, 

environmental, agricultural or geological scientific research.

3. Aerial video/photography or provision of live video feed to assist with search and 

rescue operations in cases of an emergency or natural disaster only when the local 

authorities or government has requested it by contract or donation.
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Make and Model of the Aircraft for Proposed Operations

Three small UAS rotorcraft are requested to be included in this exemption, a DJI 

Phantom 1 quadcopter, a DJI Phantom 2 quadcopter and a Tarot 650 quadcopter. 

Proposed operation of any other aircraft will require a new petition or a petition to 

amend this grant.

DJI Phantom 1 Quadcopter Specifications:

Airframe and components manufactured by DJI, China. 

Power plant: Four electric motors.

Flight time: Up to 15 minutes, depending on load.

Maximum takeoff weight (with battery): 1,200g.

Maximum speed: 10 m/s.

Diameter: 385mm.

Height: 190mm

Radio control linkage: Utilizes a frequency of 2.4 GHz using Federal Communications 

Commission approved transmitters and receivers.

Flight Controller: NAZA-M Autopilot System manufactured by DJI. This controller has 

sophisticated GPS and failsafe capabilities to ensure aircraft safety in the cases of GPS 

or control signal loss. Also includes an iOSD Mini data link to display real-time flight 

data to operator. 

DJI Phantom 2 Quadcopter Specifications:

Airframe and components manufactured by DJI, China. 

Power plant: Four electric motors.

Flight time: Up to 25 minutes, depending on load.

Maximum takeoff weight (with battery): 1,300g.

Maximum speed: 15 m/s.

Diameter: 385mm.

Height: 190mm
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Radio control linkage: Utilizes a frequency of 2.4 GHz using Federal Communications 

Commission approved transmitters and receivers.

Flight Controller: NAZA-M Autopilot System manufactured by DJI. This controller has 

sophisticated GPS and failsafe capabilities to ensure aircraft safety in the cases of GPS 

or control signal loss. Also includes an iOSD Mini data link to display real-time flight 

data to operator. 

Tarot 650 Quadcopter Specifications:

Basic airframe manufactured by Tarot-RC, China. Final assembly and customization by 

Jack Freer.

Power plant: Four electric motors.

Flight time: Up to 30 minutes, depending on load.

Maximum takeoff weight (with battery): 6.0 pounds.

Maximum speed: 40 knots.

Diameter: 32 inches.

Height: 14 inches.

Radio control linkage: Utilizes either a frequency of 2.4 GHz or 433 MHz using Federal 

Communications Commission approved transmitters and receivers.

Flight Controller: Pixhawk manufactured by 3D Robotics. This well established controller 

has sophisticated GPS and failsafe capabilities to ensure aircraft safety in the cases of 

GPS or control signal loss. Includes MinimOSD data link to display real-time flight data 

to operator. The Pixhawk flight controller logs pertinent flight data for each flight for later 

review and analysis.

Thank you for your consideration of these exemptions.

Sincerely,

Jack Freer