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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 

commercial operation by Jesters Drones, which uses, 3DR IRIS+, 3DR X8+, 3DR Solo and TBS Discovery,

to conduct UAS flight training, education, real estate photography, videography, film and movie 

production, demonstration 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 to 

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 the operations will be conducted at an equivalent or greater level of 

safety. Approval of this exemption would thereby enhance safety, as well as fulfill the (the FAA 

Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requirements for 

the safe operation of such aircraft systems in the national airspace system.” For your convenience, 
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Jesters Drones Section 333 Exemption Request.

Jesters Drones, has organized this exemption request as follows: I. Petitioner's Description II. Relevant 

Statutory Authority III. Qualifications for Approval Under Section 333 of the Reform Act IV. Description 

of Proposed Operations V. Regulations for which exemption is requested VI. Public Interest VII. Privacy 

VIII. Federal Registry Summary. IX. Conclusion

Jesters Drones will operate under controlled VFR conditions at low altitude in airspace that is permitted 

in accordance with Jesters Drones approved Certificate of Authorization (COA). We will 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 which the UAS. Exemption Request, dated July 6th 2015, Jesters Drones, respectfully 

submits this request for an exemption because we operate UAS's. 

I. Petitioner's Description:

Jesters Drones is headquartered in, Middletown, New Jersey, a Startup company that 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 

environment. Jesters Drones will plan on providing a wide range of services as the UAS market 

expands. Jesters Drones, goal is to operate in an accident-free environment by: 

• Demonstrating 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.

• Train all persons involved in flight operations, to operate at the highest level of safe practice 

standards. 

The contact information for Petitioner is as follows: 

Jesters Drones, 

C/O Paul Dinardi

175 Statesir Place, 

Red Bank, New Jersey, 07701

Jesters Drones Phone: (732) 832-1623 

Email: jestersdrones@gmail.com

www.jestersdrones.com
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Jesters Drones Section 333 Exemption Request.

II. Relevant Statutory Authority: This petition for exemption is 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, and 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 National 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 minimum 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 defined 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 operations would permit Jesters Drones the use of small 

UAS under controlled conditions in airspace that is:

(1) Predetermined Flights.

(2) Controlled access.
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Jesters Drones Section 333 Exemption Request.

(3) Provides 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 multirotor, weighing less than 40 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 horizontal plane. Jesters Drones, 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 

only 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 any 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 formal 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. 

IV. 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. The UAS will weigh less than 40 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 limited to the amount of time the UAS 

can be flown and still maintain a reserve battery power of no less than 35%. 
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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, buildings, 

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 members 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 management 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 performing duties within 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 accident involving any equipment operated 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, and 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 enforcement, 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 operations during 

film or movie productions. 

18. If the UAS loses communications signal, the UAS will have the capability to return to a predetermined location within the designated Safe Area and land. 
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Jesters Drones Section 333 Exemption Request.

19. Contingency plans will be in place to safely terminate 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 an Operations Manual to contact ATC prior to operating in 

airspace other than G. V. Regulations From Which Exemption is Requested:

A. 14 CFR § 91.103: 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: Preflight Action, Jesters Drones, requests an exemption from the preflight actions requirements 

of 14 CFR 91.113 that prescribes the preflight actions 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 forecasts, 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 and 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: Right-of-Way Rules Jesters Drones request an exemption from 14 CFR 91.113 Right-ofway 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 Level of Jesters Drones, operates 

sUAS’s at or below an altitude of 400 feet AGL, well below the normal operating altitude of other 
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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 Altitudes, Jesters Drones, 

requests an exemption 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 

altitude 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 aircraft 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 

surface," provided that "each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA." To provide the intended operations, the UAS is 

normally operated below 400 feet AGL. Additionally, due to 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 

flight normal aircraft, multi-rotor 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 will 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 UAS 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 operating at such lower altitudes, the UAS will not 

interfere with aircraft that are subject to the minimum safe altitude regulations. Finally, the successful 

safety record of the UAS used by Jesters Drones, demonstrates that the UAS can be safely used at these 

lower altitudes and closer operating environments. 

D. 14 C.F.R. § 91.121: Altimeter 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 exemption 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 altitude 

indicator to constantly monitor the UAS's height, thus ensuring operation at safe altitudes. 
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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 

cruising speed – i. During the day, to fly after that for at least 25 minutes at night, to fly after that for at 

least 45 minutes. The batteries 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 

significant transit time by the UAS. All flights will be planned to terminate with no less than 35% reserve 

battery power still available. This restriction would be more 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 

unexpected occurrence. 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): Maintenance Inspections, 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 this 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 because 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 maintenance 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 safety. If mechanical issues arise, the UAS's size 

and carrying capacity, and the fact that flight operations will only take 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 operations. 

VI. PUBLIC INTEREST Granting 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 working 
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Jesters Drones Section 333 Exemption Request.

environments such as those propose in this petition. The one vision of Jesters Drones, is to help facilitate 

safe integration of UAS’s into mainstream USA in the following areas: 

• Movies and Videography, whether the shot requires unique views and expansive panning or extreme 

altitude with radical views, the UAS is designed 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 cannot 

capture. Jesters Drones, easy-to-use video and photo platform enables properties to stand out, 

providing dazzling views that are typically shown 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 planning, 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 state 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, have 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 operations 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 commercial, establishments unless the establishments grant prior approval. 
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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 publication 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 exemption

request allows Jesters Drones to conduct commercial operations with small and lightweight unmanned 

aerial systems. Jesters Drones, singular vision is to enhance safety of UAS operations in the NAS while 

reducing risk to the general public and property owners. 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 

combustible fuel carried on board. The UAS is transported to the designated mission area and set up 

there. The 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 herein, 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 conventional 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 consideration,

Paul Dinardi

Jesters Drones.