February 9, 2016 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

RE: With Regard to Request for Exemption of Section 333 ofthe FAA Modernization and Reform Act 

and Part 11 of the Federal Aviation Regulations from Title 14 of the Code of Federal Regulations 

Part 21; 14 CPR 45.23(b); 14 CPR 61.113 (a) & (b); 14 CPR 91.7(a); 14 CPR 91.203 (a) & (b); 14 

CPR 91.215 (a) & (b); 14 CPR 91.131 (d); 14 CPR 91.405 (a); 14 CPR 407 (a) (1); 14 CPR 409 

(a)(2); 14 CPR 417 (a) & (b) 

To Whom It May Concern: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and the 14CFR Part 11, 

Thomas N. Fraser being the operator of a DJI Phantom 3 Advanced, Model Number W322, Small 

Unmanned Aircraft System (sUAS) equipped to perform aerial photography and videography services 

hereby applies, on behalf of Fraser Investigative Engineering Services, PC, for an exemption from the 

listed Federal Aviation Regulations (PARs) to allow commercial operations of its 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. 

This submission for exemption would permit the operation of small, unmanned and relatively inexpensive 

sUAS under controlled conditions in the NAS that is both limited and predetermined. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (FAA 

Administrator's) responsibilities to " .. establish requirements for the safe operations of such aircraft systems 

to the national airspace system." Section 333 (c) of the Reform Act. 

· Applicant and Owner of sUAS: 

Thomas N. Fraser, PE, NAFI, CFEI 

Fraser Investigative Engineering Services, PC 

7670 Chase Road 

Lima, New York 14485 

(585) 582-2533 business 

(585) 704-5525 cellular 

tom.fraser@fraseries.com 

Regulations included within the requested exemption include: 

14 CPR Part 21 

14 CPR 45.23(b) 

14 CPR 61.113 (a) & (b) 

14 CRF 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 91.215 (a) & (b) 

14 CFR 91.131 (d) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CRF 409 (a) (2) 

14 CFR 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 sUASs 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 capacity; 

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

• Operation ofthe sUAS within visual line of site (VLOS) ofthe Pilot/Operator. 

Reform Act§ 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. §333(c). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40 1 01 of the Act, that 

includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. 

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

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

exemption in the public interest. 49 U.S.C. §44701(±) See also 49 USC §447.44(a); 49 USC §447041 

14CFR §91.203 (a) (1). 

Thomas Fraser and the Fraser Investigative Engineering Services, PC sUAS is a DJI Phantom 3 Advanced 

quadcopter, Model W322 gross weight of2.8 pounds includes a 2.7K video/12 megapixel camera that 

operates under normal conditions at a speed of no more than 10 meters per second and has a capability to 

hover and move in the vertical and horizontal plane simultaneously. It will operate only in line of sight of 

the Pilot/Operator and will operate with the permission of the property owner or designated representative. 

sUAS's will not be flown over active sports stadiums, near emergency response sites, near other aircraft or 

airports or while under the influence. Such operations will insure that the sUAS will "not create a hazard to 

users of the national airspace system or the public" as per the Reform Act Section 333 (b). 

This proposed exemption would allow the operation of unmanned aircraft system (sUAS) for the purpose 

of aerial videography and photographs for forensic property damage evaluation engineering insurance 

investigations and general aerial photography. 

Applicant submits the Fraser Investigative Engineering Services Safety Policy and Operations Checklist as 

confidential documents under 14CFR 11.35(b) as these documents contain proprietary information that the 

application has not and will not share with others. The safety policy contains operating conditions and 

procedures that are not available to the public and are protected from release under the Freedom of 

Information Act 5 USC 552 et. Seq. 

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·' 

Given the small size of the sUAS involved and the limited environment within which that 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 sUASs to commence 

immediately. Also, due to the size of the sUAS and the limited 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 with allowing sUASs for commercial aerial videography and photography operations, the 

grant of the required exemptions is in the public interest. Accordingly, the applicant respectfully requests 

that the FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

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

characteristics and they operate with the limitations listed herein. These limitations provide for at least and 

equivalent or even high level of safety of operations under the current regulatory structure because the 

proposed operations are conducted under the permission of the property owner or property representative. 

These limitations and conditions to which Fraser Investigative Engineering Services agrees to be bound 

when conducting commercial operations under an FAA issued exemption include: 

1. The sUAS will weigh less than 55 lbs. 

2. Flights will be operated within visual line of sight (VLOS) of a Pilot/Operator and/or observer. 

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

terminated at 20% battery power reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL, or, when photographing a 

structure taller than 400 feet, the sUAS will not be operated more than 100 feet above the highest 

point of the structure. 

5. Minimum crew for each operation will consist ofthe sUAS Pilot/Operator and the Visual Observer. 

6. sUAS Pilot/Operator will be Pilot in Command (PIC). If the Pilot/Operator deems another 

Pilot/Operator to be qualified with the necessary skills to be the Pilot/Operator, that person can also 

be designated as Pilot/Operator provided they have a minimum of 20 hours of flight time with the 

sUAS. 

7. Flights will be operated at a lateral distance of at least 20 feet from any inhabited structures, 

buildings, vehicles, vessels, or people not associated with the operation. 

8. A briefing will be conducted in regard to the planned sUAS operations prior to each flight activity. 

It will be mandatory that all personnel involved with the operational duties of the flight be present 

for this briefing. 

9. Pilot/Operator and Observer will have been trained in operation of sUAS generally and received upto-date information on the particular sUAS to be operated. 

10. Observer and Pilot/Operator will at all times be able to communicate by voice, radio, and/or text. 

11. Written and/or oral permission from the relevant property holders or property representatives will 

be obtained. 

12. If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to 

return to a pre-determined location and land autonomously. 

13. The sUAS will have the capability to abort a flight in case ofunpredicted obstacles, weather, or 

emergencies. 

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14 CFR §91.109 Flight Instruction 

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 piloted aircraft, by their design do not have fully functional dual controls. Flight 

control is accomplished through the use of a control box that communicates with the aircraft via radio 

communication. The FAA has approved exemptions for flight training without full functional dual controls 

for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 

9862A. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be · 

carried on the aircraft and by the size and speed of the aircraft. 

14 CFR §91.119 Minimum Safe Altitudes 

Section 91.119 established safe altitudes for operation of civil aircraft. Section 91.119( d) allows that 

helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, 

provided each person operating the helicopter complies with any routes or altitudes specifically prescribed 

for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption 

requests authority to operate at altitudes up to 400 feet AGL, an exemption may be needed to allow such 

operations. As set forth herein, the sUAS will never operate higher than 400 AGL with the exception that 

in circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 400 

feet AGL, the sUAS will not be operated more than 100 feet above the highest point on the structure. 

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 

representative. Because of the advance notice to the property owner and other participants in the activity, 

all affected individuals will be aware of the planned flight operations. Compared to flight operations with 

aircraft or rotocraft weighing 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 400 feet AGL. In addition, the low-altitude operations of the 

sUAS will ensure separation between the sUAS operations and the operations of conventional aircraft that 

must comply with Section 91.119. 

14 CFR §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 readout, 

an exemption may be needed. An equivalent level of safety will be achieved by the Pilot/Operator pursuant 

to the safety checklist and live flight data monitoring, confirming the altitude of the launch side shown on 

the GPS altitude indicator before flight. 

14 CFR §91.151 (a) Fuel Requirements for Flight in VFR Conditions 

Sections 91.151(a) prohibits an 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. 

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•. 

The battery powering the sUAS provides less than 30 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 ofthe sUAS's proposed flight area and the location of its proposed operations 

within a predetermined area, a longer timefrarne for flight in daylight or twilight CFR conditions is 

reasonable. 

The applicant believes that an exemption from 14 CFR §91.151 (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 sUAS, in a limited area where only people and property owners or representatives 

with less than 30 minutes of reserve fuel, does not engender the type of risk that Section 91.151(a) was 

intended to alleviate given the size and speed of the sUAS. Additionally, limiting the sUAS flight to 10 

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

The applicant believes that an equivalent level of safety can be achieved by limited flights to 30 minutes or 

20 percent 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 and 10808. 

14 CFR §91.203(a) and (b) Carrying Civil Aircraft Certification and Registration 

The regulation provides in the 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 cabin or cockpit 

entrance so that it is legible to passengers or crew. 

The sUAS fully loaded weighs less than 55 pounds and is operated without an onboard pilot. As such, 

there is no ability to place the carry certification and registration documents or to 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/Operator flying the sUAS will have immediate access to the documents to the extent they 

are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797 A and 10700. 

14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d) ATC Transponder and Altitude Reporting Equipment 

and Use 

The pertinent section of91.215 (a) and (b) requires the "(a) All airspace: U.S. registered civil aircraft. For 

operations not conducted under part 121 or 135 of this chapter, ATC transponder equipment installed ... (b) 

All airspace. Unless otherwise authorized or directed by A TC, no person may operate an aircraft in the 

airspace described in paragraphs (b)(l) through (b)(5) of this section, unless that aircraft is equipped with 

an operable coded radar beacon transponder" ... 

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This requirement applies 

(1) All aircraft. In Class A, Class B and Class C airspace areas; 

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in Appendix D, Section 1 of 

this part from the surface upward to 10,000 feet MSL; 

Likewise, the pertinent section of 911131 (d); Operating Rule in Class B Airspace. 

(d) Other equipment requirements; 

"No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with: 

(1) The applicable operating transponder and automatic altitude reporting equipment specified in 

§91.215(a) ... and 

(2) After January 1, 2020, the applicable Automatic Dependent Surveillance-Broadcast Out equipment 

specified in §91.225." 

Because of the small size and limited lifting capacity of the sUAS, the sUAS cannot be fitted with and 

operate a transponder and automatic altitude reporting equipment specified in paragraph of91.215(a) and 

(b) and 91.131(d). An exemption from these requirements is requested. The equivalent level of safety can 

be assured using the procedures defined for each class of airspace. 

Within the surface areas of Class "B", Class "C", Class "D" airspace 

Within the lateral boundaries of the airspace, the Pilot/Operator will establish 2 way communications with 

the ATC facility having jurisdiction for that area. The Pilot/Operator will provide the location (heading and 

distance) relative to the center of the airspace and request clearance to "Maneuver" above that location at or 

below 400 feet AGL. The Pilot/Operator will be responsible for "see and avoid" traffic conflicts. The 

Pilot/Operator will at all times yield right of way to ANY and ALL manned flight operations. All 

operations within 2 miles of the primary airport will be pre-arranged with that controlling facility. Any and 

all restrictions placed on the operations will be complied with so that all manned operations can be 

conducted without negatively impacting the flight safety. 

14 CFR §91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b) Maintenance Inspections 

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 sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply to the applicant. Maintenance will be accomplished by the Pilot/Operator pursuant to the 

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

small sUASs are very limited in size and will carry small payload and operate only in limited areas for 

short periods of time. If mechanical issues arise, the sUAS will land immediately and will be operating 

from no higher than 400 feet AGL. The Pilot/Operator will ensure that the sUAS is in working order prior 

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

Moreover, the Pilot/Operator is the person most familiar with the aircraft and is best suited to maintain the 

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

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will be achieved because maintenance and inspections will be performed in accordance with the sUAS 

manufacturer's manual, as referenced in the Aircraft Operations Manual. As provided in the Operations 

Manual, the Pilot/Operator will ensure that the sUAS is in working order prior to initiating flight and 

perform required maintenance as needed. 

Additional Information 

The applicant, Thomas N. Fraser has completed Private Pilot Ground School Training and Successfully 

Completed the Ground School Written Examination with an over 90 percent score. He holds a Professional 

Engineer's License in New York State, Pennsylvania, Ohio, New Hampshire, Virginia and Maine. United 

States Army Military Experience with Corps of Engineers including coordinating flight operations for 

tactical maneuvers, Dates of Service May 1973 to May of 1993. 

This Pilot in Charge will operate the sUAS and have accumulated and logged, in a manner consistent with 

14 CPR 61.51(b), at least 25 hours of total time as a sUAS quadcopter pilot. The PIC will accomplish three 

take offs and landings in the preceding 90 days prior to any flight. 

SUMMARY 

Pursuant to 14 CPR Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed. 

Application seeks an exemption from the following rules: 

14 CPR Part 21 subpart H; 14 CPR 45.23(b); 14 CPR 61.113 (a) & (b); 14 CRF 91.7 (a); 

14 CPR 91.9 (b) (2); 14 CPR 91.103; 14 CPR 91.109; 14 CPR 91.119; 14 CPR 91.121; 

14 CPR 91.151 (a); 14 CPR 91.203 (a) & (b); 14 CPR 91.215 (a) & (b); 14 CPR 91.131 (d); 

14 CPR 91.405 (a); 14 CPR 407 (a) (1); 14 CRF 409 (a) (2); 14 CPR 417 (a) & (b) to commercially operate 

a small unmanned vehicle (55 pounds or less) equipped to conduct aerial photography and videography 

services. 

Approval of exemptions allowing commercial operations of sUASs to conduct aerial photography and 

videography services will enhance safety by reducing risk. Conventional photography operations, using jet 

or piston powered aircraft, at extremely low altitudes, often very close to the subject/structure being filmed 

and in close proximity to people and structures; and present the risks associated with vehicles that exceed 

3,000 pounds, carrying large amounts of jet A or other fuel. In contrast, a sUAS weighing fewer than 55 

pounds and powered by batteries eliminates virtually all of the risk given the reduced mass and lack of 

combustible fuel carried on board. The sUAS is carried to the location. The sUAS will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. 

The operation of small sUASs, weighing less than 55 pounds, conducted in the conditions outlined within, 

will provide an equivalent level of safety supporting the granting of the exemptions requested herein, 

including exempting the applicant from the requirements of Part 21 and allowing commercial operations. 

These lightweight aircraft operate at slow speeds, close to the ground but under 400 feet AGL and within 

the limited area and, as a result, are far safer than conventional flight operations conducted with turbine 

helicopters operating in close proximity to the ground and people. 

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Privacy 

All flights will occur over private or controlled access property with the property representative or owner's 

prior consent and knowledge. Filming will be of structures with owner consent to being filmed or 

otherwise have agreed to be in the area where filming will take place. 

All flights will occur in accordance with any state or local laws regarding privacy. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012- size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operations within visual line of sight 

(VLOS) and national security- provide more than adequate justification for the granting of the requested 

exemptions allowing commercial operation of applicants SUAS in the aerial photography and videography 

of the forensic engineering services industry. 

Sincerely, 

Thomas N. Fraser, PE, NAFI, CFEI 

Fraser Engineering and Design Services 

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