Page 1 of 8 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 m a y be established by the Federal Aviation Administration a s required by

Section 333.

Specific Federal Aviation Administration Regulations from which Exemption i s
R equested:

• 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. 91.40 5 (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);Page 2 of 8 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 Federa l 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 the se 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 fla mmable 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 requirement s. 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 demonstr ates 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 CF R § 61.23 (a ) & (c)

- Medical Certificates: Requirement and D uration

.

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 ac hieve 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 requis ite training and understanding of the National Airspace System, toPage 3 of 8 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 Airw orthiness.

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 Saf e 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 request s 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 oper ated. 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 o perations. Compared to flight operations with aircraft or rotorcraft weighti ng 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 con ventional 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 a vailable before departure." T he small UAS proposed under this requested exemption contain both barometric pressure sensors and GPS

altimeter s which automatically set the AGL al titude 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 isPage 4 of 8 enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed to fly after that for at least 2 0 minutes ." The battery powering the small UAS provides approximately a maximum of 30 minutes of powered flight. To meet the 2 0

minute rotorcraft reserve require ment 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 offi cial representatives who have signed
waivers will be allowed, with less than 2 0 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 A pplicant

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

minutes or 25 percent of battery power reserve

, w hichever 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 discrepancie s 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 s and Part 43 apply only to aircraft with an airworthiness certificate, these sections do not a pply 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 p ayload 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 p rior 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 equ ivalent level of safety.

Maintenance o f a n Equivalent Level o f Safety

The following operation al 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.Page 5 of 8 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

w hichever 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 cre w for each flight operation will consist of the small UAS PIC and a

Visual Observer (VO)

.

6. The PIC will possess a n 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 person s 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 fl ight 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 operat ion 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 aircr aft 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 o r 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 overridd en by the manual control of the PIC.Page 6 of 8 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 i n t he Granting of t his 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

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

risk than if convention al aircraft were used, thus enhancing the safety of nearby persons and property as well as other users of the National Airspace System.

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

aircraft . This provides for the a vailability 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 mini mal cost, with virtually no impact to sensitive

sites.

Search and Rescue small UAS operations can help save lives in the event of man

made emergency, or natural dis aster. 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

se nsors 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 provi sion of live video feed to assist with search and

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

authorities or government has requested it by contract or donation.Page 7 of 8 Make a nd Model o f the Aircraft f or Proposed O perations

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 i ncludes an i OSD Mini data link to display real

- time flight data to operator.

DJI Phantom 2 Q uadcopter 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: 190mmPage 8 of 8 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 i ncludes an iOSD Mini d ata link to display real

- time flight data to operator.

Tarot 650 Quadcopter S pecifications:

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 d ata for each flight for later review and analysis.

Thank you for your consideration of these exemptions.

Sincerely,

Jack Freer