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Jesters Drones Section 333 Exemption Request. July 6th, 2015 US Department of Transportation Docket Management System. 1200 Jersey Avenue, SE, Washington DC, 20590

Re, Jesters Drones C/0 Paul Dinardi 175 Statesir Place, Red Bank, New Jersey, 07701 Petition for Exemption Pursuant to Section 333 Of the FAA Modernization and Reform Act of 2012
To Whom It May Concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Jesters Drones, Is submitting for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small unmanned aerial system (i.e., UAS). This exemption is in accordance with protocols outlined in this petition for exemption, and any other requirements established by the FAA pursuant to Section 333 of the Reform Act. This exemption would permit commerci al operation by Jesters Drones , whi ch uses, 3DR IRIS+, 3DR X8+, 3DR Solo and TBS Discovery, to conduct UAS flight training, educati on, real estate photography, videography, film and movie production, demon stration flights and instruction on safe use , As well as drone repair and testing of enhancements of safety protocol. Jesters Drones operations , under the exemption will be subject t o strict operating requirements and conditions to ensure an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. The FAA can be confident that th e operations will be c onducted at an equivalent or greater level of safety. Approval of this exemption would thereby enhance safety , as well as fulfill t he (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requ irements for the safe operation of such aircraft systems in the national airspace system.” For yo ur convenience,2

Jesters Drones Section 333 Exemption Request. Jesters Drones, has organized this e xemption request as follows: I. Petitioner's Description II. Relevant Statutory Authority III. Qualificatio ns for Approval Under Section 333 of the Reform Act IV. Description of Propose d Operations V. Regulations for which exemption is r equested VI. Public Interest VII. Privacy VIII. Federal Registry Summary. IX. Conclusion Jesters Drones will operate under con trolled VFR conditions at low altitude in airspace that is permitted in accordance with Jesters Drones approved Certificate of Authorization (COA). We wil l operate the UAS’s Only, with operators, who have comprehensive UAV / UAS / Drone flight training for competency and new FAA 333 and Part 107 commercial compliance requirements. Finally, the FAA ATC will approve the airspace in whic h the UAS. Exemption Request, dated July 6 th 2015, Jesters Drones, respectfully submits this request for an exemption becau se we operate UAS's.

I. **Petitioner's Descr iption:**  Jesters Drones is headq uartered in, Middletown , New Jersey, a Startup company tha t provides UAS support services, for but not limited to , real

-estate photography, film, production, education, demonstration flights and inspections and testing, in a compliant and safe environm ent. Jesters Drones will plan on providing a wide range of services as the UAS ma rket expands. Jesters Drones, goal is to operate in an accident

-free environment by: • Demo nstrating a commitment to operate in a compliant manner. • Identify hazard and risk while eliminating or controlling these risk to the best of it’s ability
. • We, will use steps to intervene and report , when unsafe work practices appear to exist. • Trai n all persons involved in flight operations , to operate at the highest level of safe practice standards
. The contact information for Petiti oner is as follows: Jesters Drones, C/O Paul Dinardi 175 Statesir Place, Red Bank, New Jersey, 07701 Jesters Dro nes Phone: (732) 832

- 1623 Email: jestersdrones@gmail.com www.jestersdrones.com3

Jesters Drones Section 333 Exemption Request. **II. Relevant Statutory Authority:** This petition for exemption i s submitted to fulfill Congress’s goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned aircraft systems may operate safely in the National Airspace ("NAS") before completion of the formal UAS rulemaking, based on the following considerations: • The UAS's size, weight, speed, a nd operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within the visual line of sight of the operator. If the Secretary determines that such vehicles "may operate safely in the Na tional Airspace System, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace System". Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and mini mum standards when the Administrator decides a requested exemption is in the public interest. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). 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 d efined under 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections.
**III. Qualifications for Approval** Under Section 333 of the Reform Act , The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied. The proposed opera tions would permit Jesters Drones the use of small UAS under controlled conditions in airspace that is: (1) Predetermined Flights
. (2) Co ntrolled access
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Jesters Drones Section 333 Exemption Request. (3) P rovides an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose. Jesters Drones uses UAS that are m ultirotor, weighing less than 4 0 pounds including payload. They operate, under normal conditions, at speeds not to exceed 45 mph and have the capability to hover, and move in the vertical and hor izontal plane. Jesters Dron es, UAS will operate in line of sight, during daylight hours, and will only operate within a Safe controlled area. Jesters Drones, will operate at or below 400 feet AGL and will file a NOTAM for each flight operated in controlled airspace. Jesters Drones o nly utilizes flight controllers with advanced safety features that take into consideration lost signals and other environmental factors that can cause loss of control. Jesters drones takes safety as it’s number 1 priority.

All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies prior to operating a ny UAS commercially . Given the small size of the UAS involved and the restricted environment within which they will operate, this exemption falls within the zone of safety and demonstrate an equivalent level of safety, in which Congress desired the FAA to permit commercial UAS operations by exemption pending completion of forma l rulemaking . Also, due to the size of the UAS and the confined area in which the UAS will operate, approval of the application presents no hazard in the NAS. Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant of the requested exemptions is also in the public interest.



### I **V. Description of Proposed Operations** To assist the FAA in its safety assessment of Jesters Drones, UAS operations, below is a summary of operational limitations and conditions that will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines: 1. Th e UAS will weigh less than 4 0 pounds. 2. Flights will be operated within line of sight of the PIC (Pilot In Command) and an observer. 3. Maximum total flight time for each operational flight will be lim ited to the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 35 %.5

Jesters Drones Section 333 Exemption Request. 4. Flights will be operated at an altitude of no more than 400 feet AGL. 5. Flights will be operated at a lateral distance of least 100 feet from any inhabited structures, b uildings, vehicles, vessels, people not associated with the operation or who have not signed a waiver in advance of the operation. 6. Minimum crew for each operation will consist of (2), the UAS Pilot in Command and a Visual Observer. Additional crew memb ers may also consist of a technician and a Camera Operator. 7. The UAS Pilot in Command will have undergone comprehensive UAV / UAS / Drone flight training for competency and new FAA 333 and Part 107 commercial compliance requirements. 8. Jesters Drones, will designate a Pilot in Command ("PIC") for each mission. 9. The UAS will operate only within a confined "Safe Area". 10. Prior to the operations at a particular location, a site inspection will have been conducted. On the day of the mission the manag ement person with operational control and the PIC will concur on dispatching of the mission. 11. A briefing will be conducted in regard to the planned UAS operations prior to each day's missions. It will be mandatory that all personnel who will be perform ing duties with in the boundaries of the safe area be present for this briefing. 12 . All UAS’s will be maintained in accordance with inspection program specified in the manufacturer’s guidelines. 13 . In the event of an accide nt involving an y equipment ope rated by Jesters Drones, we will cease operations and report the accident to the NTSB and AFS

-80. 14 . Pilot in Command and Visual Observer will at all times be able to communicate by voice. 15 . Pilot in Command, Pilot, Camera Operator, Visual Observer, a nd Operational Personnel will have been trained and tested in accordance to FAA, NTSB, and AFS

-80 best practices. 16 . All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforce ment, fire or other appropriate governmental agencies. 17 . Jesters Drones, will submit a written “Plan of Activities” to the local Flight Standards District Office (FSDO) having jurisdiction over the area of proposed filming three days in advanced of oper ations during film or movie productions. 18 . If t he UAS lo ses communications signal, the UAS will have the capability to return to a pre

determ ined location within the designated Safe Area and land.6

Jesters Drones Section 333 Exemption Request. 19 . Contingency plans will be in place to safely termin ate flight if there is a loss of communication between the pilot and the observer. 20 . The UAS has the capability to abort a flight in case of unpredicted obstacles or emergencies. 21 . Jesters Drones, by following FAA, NTSB, and AFS

-80 best practices, will assure no individuals’ privacy is violated. 22 . Procedures have been established in a n Operations Manual to contact ATC prior to operating in airspace other than G. V. Regulations From Which Exempt ion is Requested : A. 14 CFR § 91.1 03: Preflight B. 14 CFR § 91.113: Right

-of

-Way Rules C. 14 CFR § 91.119 (c): Minimum Safe Altitudes D. 14 CFR § 91.121: Altimeter Settings E. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections A. 14 CFR § 91.103: P reflight Action, Jesters Drones, requests an exemption from the preflight actions requirements of 14 CFR 91.113 that prescribes the preflight actio ns under which aircraft may operate: Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. a. Flight under IFR or a flight not in the vicinity of an airport, weather reports and forec asts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; b. For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: i. For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and ii. For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind a nd temperature. We will not operate UAS’s under IFR conditions or when the ceilings are below 1000 feet and the visibility is below 3 statute miles.

B. 14 CFR 91.113: Rig ht

-of

-Way Rules Jesters Drones request an exemption from 14 CFR 91.113 Right

-of

way rules, requiring vigilance by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right

-of

-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear. We operate small pilotless UAS’s and cannot comply with these rules as they have been written. Equivalent L evel of Jesters Drones, operates sUAS’s at or below an altitude of 400 feet AGL, well below the normal operating altitude of ot her7

Jesters Drones Section 333 Exemption Request. aircraft. We require that a Pilot in Command with experience will oversee each mission and has knowledge of the avoid rules. A Visual Observer will assist the PIC in looking for aircraft entering the operations area. It’s the responsibility of the PIC to cease operations and land the UAS immediately whenever and aircraft comes into the vicinity creating a potential threat. Operations cannot recommence until the threat is clear. C. 14 CFR. § 91.119: Minimum Safe Alt itudes, Jesters Drones, requests an exe mption from the minimum safe altitude requirements of 14 CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may operate: • Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitud e of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. • Over other than congested areas at an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the ai rcraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the s urface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." To provid e the intended operations, the UAS is normally operated below 400 feet AGL. Additionally, due t o the nature of the proposed operations, the UAS will maintain a lateral distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the operation. Equivalent Level of Safety Compared to fl ight no rmal aircraft, multi

- roto r aircraft weigh a maximum of 40 pounds, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety w ill be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. As set forth in the FAA, NTSB, and AFS

-80 best practices, the U AS will be operated in a safe area, where buildings and people will not be exposed to operations without their pre

-obtained consent. Because of the advance notice to the property owners and participants, all affected individuals will be well aware of the planned flight operations prior to commencement of operations. Furthermore, by operati n g at such lower altitudes, the UAS will not interfere with aircraft that are subject to the minimum safe altitude regulations. Finally, the suc cessful safety record of the UAS used by Jesters Drones, demonstrates that the UAS can be safely used at these l ower altitudes and closer operating environments. D. 14 C.F.R. § 91.121: Alt imeter Settings, Jesters Drones seeks an exemption from 14 CFR 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exe mption is required because the UAS does not have a barometric altimeter, but rather a GPS altitude read out. Equivalent Level of Safety An equivalent level of safety will be achieved by following the procedures set forth in the FAA, NTSB, and AFS

-80 best practices. Jesters Drones, will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS al titude indic ator to constantly monitor the UAS's height, thus ensuring operation at safe altitudes.8

Jesters Drones Section 333 Exemption Request. E. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions, We requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: a. No person may begin 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 cruisi ng speed
– i. During the day, to fly after that for at least 25 minutes a t night, to fly after that for at least 45 minutes. The batt eries powering our UAS’s, provide approximately 10

-30 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 CFR 91.151, UAS flights could not be conducted . Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a safety margin based on a reserve amount of battery life is needed. Jesters Drones, will not be conducting UAS flights at night. Equivalent Level of Safety An equivalent level of safety will be achieved because the operations will be conducted on

-site without s ignificant transit time by the UAS. All flights will be planned to terminate with no less than 3 5% reserve battery power still available. This restriction would be mo re than adequate to return the UAS safely to its planned landing zone from anywhere in its confined area of operation even in the event of an unexpecte d occ urrence. Operation of the UAS with less than 30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to the landing zone. Moreover, operation will be limited to controlled areas where only people and property owners, or official representatives who have signed waivers will be allowed. F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintena nce Ins pections, Jesters Drones, also seeks an exemption from the maintenance inspection requirements contained in 14 CFR 91.405(a), 91.407(a) (1), 91.409(a) (2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR 91.405(a) (stating that each owner or operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of th is chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS will not have. Equivalent Level of Safety An equivalent level of safety will be achieved be cause maintenance and inspections will be performed in accordance with FAA, NTSB, and AFS

-80 best practices. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenan ce performed. 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 safet y. I f mechanical issues arise, the UAS's size and carrying capacity, and the fact that flight operations will only tak e place in restricted areas and within LOS, limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation s .

**VI. PUBLIC INT EREST**  G ranting Jesters Drones, an exemption furthers the public interest. National policy set by Congress favors early integration of UAS into the national airspace in controlled, safe working9

Jesters Drones Section 333 Exemption Request. environments such as those propose in this petition. The one v ision of Jesters Drones, is to help facilitate safe integration of UAS’s into mainstream USA in the following areas: • Movies and Videography, w hether the shot requires unique views and expansive panning or extreme altitude with radical views, the UAS is designe d to hold up under demanding conditions. Because of the autopilot feature with pre

-designed mission management and R/C control interrupt, the pilot and camera operator can easily create the ultimate shot with HD video or HD still photos. When working close in on a closed set the hazards to the actors are greatly reduced due to the size of the UAS.

 Real Estate, The UAS can be used in all areas of real estate, including commercial, residential and industrial properties and agricultural surveys . Using a UAS, real estate professionals can create promotional videos, photos and unique shots that normal camera aspects c annot capture. Jesters Drones, easy-to - use video and photo platform enables properties to stand out, providing dazzling views that are typically s hown via expensive computer animation or costly helicopter rentals. Imagine shooting a view from a high

- rise condo in stunning high definition that shows your potential customer the actual view from the residence. The remote platform is great for new plann ing, zoning and large developments. Simple and easy

-to - use video and photos allow for multiple height pictures and elevation views.
 Agriculture Land Survey, to determine needed care areas for crops, New Jersey has many farms in the central part of the sta te and many farmers have requested these site surveys to enhance their product outputs.

 Safety, With the influx of Hobby grade UAS being sold at major online electronics chains, those that have been in the building and flight capacity for some time, hav e a duty to pass on safe practices, Jesters Drones, main goal is the promotion of safe operations.

 Education, public awareness to all of the positive uses for UAS.
**VII. Privacy,** We are, deeply committed to protecting public privacy. We knows that many individual have concerns about privacy from the operatio ns of UAS’s. All persons shall be notified, upon with advanced notice of operations in the area. At no time will any, Jesters Drone Operators be permitted to fly over residential or commerc ial, establishments unless the establishments grant prior approval.10

Jesters Drones Section 333 Exemption Request. **VIII. Federal Registry Summary** Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publica tion is needed: Jesters Drones, seeks an exemption from the following rules: 14 CFR § 91.103; 14 CFR § 91.113; 14 CFR § 91.119 (c); 14 CFR § 91.121; 14 CFR § 91.151(b); 14 CFR § 91.405(a), 91.407(a) (1), 91.409(a) (2); 91.417(a) and (b). Approval of this e xemption request allows Jesters Drones to conduct commercial operations with small and lightweight unmanned a erial systems. Jesters Drones, singular vision is to enhance safety of UAS operations in the NAS while reducing risk to the general pub lic and property ow ners. The 3DR UAS, weighing less than 25 pounds and powered by batteries, eliminates virtually all of that risk given the reduced mass and lack of combusti ble fuel carried on board. The UAS is transported to the designated miss ion area and set up there. Th e UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of this small UAS will provide an equivalent level of safety supporting the grant of the exemptions requested he rein, including exempting the applicant from the requirements of several regulations and allowing commercial operations. These lightweight UAS’s operate at slow speeds, close to the ground, and in a safe environment. As a result, they are far safer than co nventional aerial survey and inspection operations conducted with fixed wing aircraft or helicopters. If additional information is required, or if you have any questions regarding this Petition for Exemption, Please Contact me at the Number provided (732) 832
- 1623 **IX. Conclusion** For the above reasons, it is requested that the regulatory exemptions requested, be respectfully granted, and the applicant be permitted to conduct small UAS operations aforementioned purposes.

Thank You in advance for your conside ration ,

Paul Dinardi Jesters Drones.