Douglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 January 26 , 2015

U.S. Depar t m ent of T ransportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act a nd Part 11 of the Federal

Aviation Regulations

Dear Sir or M adam:

Pursuant to Section 333 of the FAA Modernization and Re f orm Act of 2012 (the “ Reform

Act”) and 14 C.F.R. Part 11, Douglas R. Dorrer

, the Operator of a Small U n manned Aircraft

System (“sUAS ”), including the 3DRobotics IRIS+ (“IRIS+”) , seeks an exemption from

the Federal Aviation Regulat i ons (“FARs”) listed below and discussed in Appendix A

. 1

Douglas R. Dorrer seeks exemption from the listed FARs to allow its use of t h e IRIS+ in

commercial operations, such as educational community outreach, a erial real property and

pre/post environmental remediation surveys, and not

- for

- profit Search and Rescue (SAR)

operations supporting local law enforcement, so long as such operations are conduc t ed within

a n d under the conditi o ns outlined he r ein or as established by the FAA in an exemption granted

under either Section 333 o r Section 49 U.S.C. § 4 4 701(f)

. 2

As discuss e d below, Douglas R. Dorrer is willing to abide by conditions t he FAA has required

in issuing rec e nt Section 333 ex e m ptions

. This agr e ement on Douglas R. Dorrer ’s part and the

strong similarity of its operatio n s to those approved in Ex e m ptions 11109 and 11110 should

give the FAA a basis for prompt considerati o n and proc e ssing of t h is request.

Douglas R. Dorrer is a n employee of the National Aeronautics and Space Administration

(NASA) which provide s educational outreach to students throughout the sparsely

populated State of West Virginia, a former FAA

- licensed Air Traffic Controller, and a

state

- licensed Realtor® with several University degrees in Professional Aeronautics and Airway

Sciences

. He pr o poses to u s e a smal l , lightweight (less than 4.5lbs/2kg) UAV

– the

IRIS+

– a n d software to collect, process, a n d analyze a erial data p r incipally for purposes of

UAV educational outreach instruction, commercial aerial real property and pre/post

environmental remediation surveying as well as not

- for

- profit Search and Rescue (SAR)

operations supporting local law enforcement. Inde e d, use of t he IRIS+ would contribute t o

various social goo d s, from education through Science

, Technology

, Engineering

, and

Mathematics (STEM) ; to real property marketing and environmental protection ; to

emergency support of First Responders

. In prov i ding these s e rvice s

, Douglas R. Dorrer would

empower students , law enforcement, and businessmen

______________________ 1 See Pub. Law 112

- 95, 126 Stat. 11, § 333 (20 1 2).

2 Douglas R. Dorrer relies u pon the foll o wing exem p tions where specific ref e rence to an exemption is not

provi d ed: Exempt i ons 11062 t hrough 11067, 11080, 1 1109 through 11112, a n d 11114.Douglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 U.S. Depar t m ent of Transportation

January 26

, 2015

Page Two

to make b etter management decisions through software and cameras t h at identi f ies aerial

perspectives of STEM initiatives, real property environmental conditions as well as life saving

opportunities

.

Operations under the ex emption will be su b ject to strict op e rating requi r ements and conditio n s

to ensure at least an equivalent level of safety t o currently authorized operations using manned

aircraft and under condit ions as may be modified by the FAA as required by Section 333

. 3

As describ e d more fully below, the requested exemption w o uld authorize commerc i al operatio n s

using the IRIS+

, which with a m a xim u m take

- off weight of less than 4 .5 lbs. and is small in

siz e

. The IRIS+ will be opera t ed under c o ntrolled co n ditions a t l o w altitude in Class G airspace

th a t is limited in scope, a s described m o re fully herein; it will have automated control features,

as described herein. T h e IRIS+ also will be o p erated by an individual formerly trained under

FAA Order JO 7110.65 4 as an Air Traffic Controller ( “ ATC ” ) 5

, within the National Airspace

System ( “ NAS ” ) with several aviation

- related university degrees transversing education directly

related to aircraft operations. 6 Fin a lly, t h e Class G airsp a ce i n which the UAS will o p erate will

be coordinated with the local Fixed

- Based Operator (FBO) or ATC facility as applicable

. Additionally, a Notice to Airmen ( “ NOTAM ” ) will be filed in accordance with FAA Order JO

7930.2P 7 prior to operations; if required.

Douglas R. Dorrer respect f ully submits that beca u se this sm a ll, unmanned aerial vehicle

– the

IRIS+

– will b e used in lieu of com p aratively hazardous o p erations n o w conduct e d with

fixed wing and r otary conventional ai r c r aft, the F A A can have confide n ce that the

operations will achieve at least an equivalent level or gre a ter level of safety. Ap p roval of this

exemption would thereby enhance safety and fulfill the S e cretary of Transportatio n ’s (the FAA

Administrator’s) respo n sibilities u n der Section 333(c) of the Ref o rm Act to “establish

requirements for the sa f e operation of such ai r c r aft systems in the natio n al airspace system.”

The name and address of the applicant are:

Douglas R. Dorrer

204 E. Main Street

Clarksburg, West Virginia 26301

(304) 629

- 7077

Wv_mba@earthlink.net

_____________________ 3

While Douglas R. Dorrer is filing this exemption request on its o wn behalf, he anticipat e s that purchasers of the

IRIS+ in the future will file ex em ption applications to a llow them to operate the IRIS+ in co m m ercial operations on

t h eir own

. Those fi l i n gs will be s u bstantially s i milar to this exemption request.

4 Reference FA A Order Jo 7110.65, Air Traffic Control Handbook

5 See attached FAA license.

6 See attached Embry

- Riddle Aeronautical University transcripts.

7 Reference FAA Order JO 7930.2P, Notices to Airme n.Douglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 U.S. Depar t m ent of Transportation

January 26

, 2015

Page Three

The regulations from which the exemption is requested are as follows:

14 C.F.R. § 61.113(a) & (b);

14 C.F.R. § 61.133(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.151(a);

14 C.F.R. § 91.405(a);

14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(2);

14 C.F.R. § 91.417(a) & (b)

Appendix A disc u sses each rule listed above and explains why ex e m ptions pursuant to t h e

proposal set forth in this letter are a ppropriate, provide an equivalent level of safety, and are i n

the public i n terest. Ap p endix B provides the re q uisite Fede r al Register summa r y

.

THE APPLICABLE LE GAL S T ANDARD UNDER SECTION 333

Douglas R. Dorrer submits that grant of this exemption application for use of the IRIS+ in

commercial and not

- for

- profit operations will advance the Congressional mandate in Sec t ion

333 of t he Reform Act to acc e lerate the in t roduction of UASs into the NAS if it can be

accomplish e d safely. This law dir e cts the Secretary of Transportation to consid e r whether

certain UASs may operate safely in the 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 o f UASs do n ot create a h azard to u s e rs of the N A S or the pu b lic or pose

a threat to n ational s e c u rity in light o f the followi n g:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and pop u lated areas; and

• Operation of the UAS wit hin visual li n e of sight of the Operator

.

Reform Act § 333(a)(1). If the Sec r etary determines that such vehicl e s “may operate safely in

the national airspace system, the Secretary sh a ll esta b lish requirements for the s a fe operati o n

of such ai r c r aft in the na t ional airsp a ce system.” Id. § 333(c) (emphasis added)

. 8

The Federal Aviation Act expressly grants the F AA the authority to issue exempt i ons. This

statutory authority, by its terms, includes exe m pting civil ai r c raft, as the term is defined under

8 Applicant submits that this provision places a d u ty on the Administrator to not only process applicatio n s for

exempti o ns under Section 333, b ut for the Administrator, if he deems the conditions p roposed he r ein require

modification to allow a p proval, to supply conditi o ns for the safe operation of the UAS. Douglas R. Dorrer

welcomes the opportunity to consult with FAA staff in order to a ddress any issues or c o ncerns that t his proposal

may raise that they believe m a y require modification.Douglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 U.S. Depar t m ent of Transportation

January 26

, 2015

Page Four

§ 40101 of t he Act, from the requir e ment that all civil ai r c raft must have a current ai r worthiness

certificate a nd those regulations r e quiring commercial pilo t s to operate aircraft in commercial

ser v ice:

The Admin i strator may grant an e x emption from a requirement of a regulation p rescribed

under subsection (a) or (b) of this section or a ny of S ections 44702

- 44716 of this title if the

Administrator finds the ex emption is in the public interest.

The grant o f the requested exemption is in the public inte r est based o n the clear direction in

Section 333 of the Refo r m Act; the a dditional au t hority in the Federal Aviation Act, as

amended; the strong e quivalent l e vel of safe t y surrounding the pro p osed opera t ions; and t h e

signi f icant public bene f it, inclu d ing enhanced safety and cost savings a ssociat e d with

transitioning to UASs for aerial surveying. Accordingly, the applic a nt respectf u lly requests

that the FAA grant t h e requested ex emption wit hout delay

. 9

AIR C RAFT AND E QU IV ALENT LE V EL OF SA F ETY

The applic a nt proposes that the e x emption reques t ed herein apply to civil aircraft t h at have the

characteris t ics and that operate with the limitations listed he r ein. These limitations provide for at

least an equivalent or even higher level of safety to operations und e r the current regulatory

structure b e cause the p roposed o p erations re p resent a sa f ety enhancement to operations that

would be conducted with conventional aircraft. These conditions are drawn from Ex e m ptions

11062 through 11067, 1 1080, 1110 9

, and 11110.

These limitations and conditions to which Douglas R. Dorrer ( or “ Operator ”) agrees to be

bound when conducting commercial opera t ions under a n FAA issu e d exemption include:

1. Operations of the IRIS+ are limited t o the aircr a ft described in the att a ched

manuals, which is a quadcopter (“Quad”) aircraft built by 3D Robotics, Inc. that weighs

less than 4.5 p o unds (the “ UA V ” or “UAS”). Proposed operations of any other

operationally or technically similar aircra f t shall be considered.

2. The UA V m a y not be flown at an indicated airspe e d exceeding 25 knots.

9 In filing t h is applicatio n

, Douglas R. Dorrer also is r e questing th a t the FAA combine the grant of the Section 333

exempt i on with a s t and

- alone Certificate of Operation (“COA”) that will allow commercial operations o f the IRIS+

wi t hout the necessity of fili n g for a COA for each flight. Compliance with the conditi o ns agreed to herein and t hat

may be i m posed by t he FAA, as set forth in prior Section 333 exemptions, provide the separation nee d ed from other

aircraft. NOTAM and notice to air tra f fic control can be provided by the filing of a NO T AM as set forth within t he

proposed conditio n s.Douglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 U.S. Depar t m ent of Transportation

January 26

, 2015

Page Five

3. The UA V m a y be opera t ed at an altitude of no more than 150 feet above ground

level (“AGL”), as indicated by the proced u res specifi e d in the att a ched manuals. All

altit u des reported to ATC must be in feet AGL.

4. The UA V m u st be operated within v i sual line of sight (“VLOS”) of the Operator

.

5. All operati o ns must utilize a visual observer (“VO”). The VO m a y be used to

satis f y the VLOS requirement as l o ng as the Operator alw a ys maintains VLOS

capability. The VO and Operator must b e able to c o mmunicate verbally at all times.

The Operator mu s t be desig n ated before the fl ight and c a nnot transf e r his or her

designation for the dura t ion of the flight. The Operator m u st ensure t h at the VO can

perform the functions prescribed in the Operator ’s manual.

6. The manuals must be am ended to include all conditions a n d limitations required by

the FAA. The manuals m u st be main t ained and made a v ailable to the Administrator

upon request. I f a discrep an c y exists be t ween the c o nditions and limitations in the

exemption and the p r ocedures o utlined in t he manuals, the con d i t ions and limitations in

the exemption take preced e nce and m u st be f o llo w ed. Otherwise, the Operator must

f o llow the proced u res as outli n ed in the manuals.

The Operator m a y upd a te or revise the manua l s. It is the Operator ’s responsibilit y

to track such r evisions a n d present u pdated and revised documents to t he Adminis t rator

upon request. The Operator must also pres e nt updated and revised documents if it

petitions for an extens i on or ame n dment of th i s exemptio n

. If the Operator determines

that any u p date or rev i sion would affect the basis upon which the FAA granted this

exemption, t hen the Operator must petition for am endment t o its exemption.

7. Prior to each flight, the Operator must inspect the UAS to ensure it is in a

condition for safe flight. If the inspection r eveals a condition that affects the safe

operati o n of the UAS, the aircraft is prohibited f rom operating until t h e necessa r y

mainten a nce has b een performed, and the UAS is found t o be in a c o ndition for safe

flight. T he ground control station must be includ e d in the preflight ins pe c tion. All

maintenance and alte r ations must be properly documented in the aircraft rec o rds.

8. Any UAS t h at has undergone maintenance or alterations t h at affect the UAS

operation or flight ch a racteristics, e.g.

, replac em ent of a flight critic a l component, must

undergo a functional t e st flight in accordance with the Operator ’s manual. The

Operator who conducts the functio n al test flight must make an entry in t he UAS aircraft

records of the flight. The manuals include this re q uirement.

9. The preflight inspection section in t h e manuals i ncludes the following requirement:

the preflight inspection must account for all disc r epancies, i

. e.

, inoperableDouglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 U.S. Depar t m ent of Transportation

January 26

, 2015

Page Six

components, items, or equipment, not covered in the relevant preflight inspec t ion

sections of the Operator ’s manual.

10. The Operator must follow 3D Robotics IRIS+ aircraft/component

, maintenance

, overhaul, replacement, inspection, a nd life limit r equirements, with particular attenti o n

to flight crit ical components that may n o t be addressed in the manufacturer’s manuals.

11. All maintenance and aircraft inspections shall be completed in accorda n ce with the

manuals

. A l t erations must be noted in the aircraft logbook, including t otal flight hours,

description of work accomplish e d, and the signature of the authorized technician

returning the UAS to ser v ice.

13. Each UAS operated u n der the exemption must comply with all 3D Robotics

system and safety bulletins.

14. Operator ’s maintenance personnel must make a record entry in the UAS logbo o k

or equivalent document of the corrective action taken agai n s t discrep a ncies disc o vered

between inspections.

15. The Operator is not required to obtain a private pilot certificate or a third

- class

airman m e dic a l certificat e in accordance with 14 CFR Part 103

. 10

16. The Operator shall safely operate the UA S in a manner consistent with how the

UAS will be o p erated under this exemption, includi n g evasive and emergency

maneuv e rs and maintaining appropriate distanc e s f r om people, vessels, vehicles, a n d

s t ructures.

17. The Operator shall only operate the UAS in the immediate vicinity of the subject

educational outreach, aerial real property or environmental surv eys, or within

designated SAR operations with First Responder oversight.

18. The Operator shall conspicuously post signage indicating UAS operations are in

progress and to remain clear. 11

19

. If the UAS loses communications o r loses it s GPS signal, t he UA S must return to a

pre

- determined location within the private or controll e d

- access property and land or

be recovered in accordance with the manuals.

20

. The Operator m u st abort the f light in the ev ent of unpredicted obs t acles or

emergencies in accordance with the manuals.

_____________________ 10 See Reference 14 CFR 103, Ultralight Vehicles

11 See Attached Proposed SignDouglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 U.S. Depar t m ent of Transportation

January 26

, 2015

Page Seven

21

. The Operator is prohibited fr o m beginning a UAS flight unless (co n sidering wi n d

and forec a st weather conditions) the r e is enough power to fly to the first p oint of

inte n ded landing and, assuming normal cruising sp ee d, to fly after that for at l e ast 10

minutes.

22

. The Operator will file a r e quest for a Notice to Ai rm en (NOTAM) not more than 72

ho u rs in advance, but not less than 48 ho u rs prior to t h e operation.

23

. Before conducting oper a tions, the r a dio frequency spectrum used for op e ration and

control of t h e UA must comply with t he Federal Communications Comm i ssion (“FCC”)

or other appropriate government over s ight agency requirements.

24 . The Operator and VO shall monitor ATC emergency radio frequencies VHF 121.5

Mhz or UHF 243.0 Mhz

.

25

. The documents required under 14 C.F.R. 91.9 and 91.203 must be avail a ble to the

Operator at the grou n d control st a tion of the UAS any time the aircraft is operating.

These documents must be m a de available to the Administrator or any law enforcement

official upon request.

26

. The UA S mu s t remain clear and yield the right of way to all other manned operations

and activities at all times (including, but n ot limited to, ultralight v e hicles, p ar a chute

activities, parasailing activities, h a ng gliders, e tc.).

27

. The UAS may not be operated by the Operator from any m o ving device or vehicle.

28

. All operatio n s shall b e c o nducted in Class G airspace 150 feet or less AGL.

29

. All operatio n s must be conducted u n der visual meteorologic a l conditio n s (“VMC”).

The UA S m a y not be operated less than 5 00 feet bel o w or less t h an 2,000 fe e t

horizontally from a cloud or when visibility is l e ss than 3 statu t e miles from the

Operator

.

30

. During operations in Cl a ss G airspace, the UA S may not operate within 5 n autical

miles of the geographic center of an airport a s denoted o n a current FAA

- published

aeronautical chart unless a L etter of A greement w ith that airp o rt’s management is

obtained, and t h e operation is conducted in accordance with a NOTAM as required by the

Operator ’s COA. The letter of agreement with the air p ort management must b e made

ava i lable to the Administrator upon request.Douglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 U.S. Depar t m ent of Transportation

January 26

, 2015

Page Eight

30. The UA S m a y not be ope r ated over congested or d ensely populated areas unless the

conditions set forth in # 3 1 are satis f ied. These p opulated ar e as includ e

, but are not

limited to, t h e yellow areas depicted on World Aeronautical C harts (“WAC”), Sectional

Aeronautical Charts (“Sectionals”), or Terminal Area Charts (“TAC”). However,

aeronautical charts may not reflect p ertinent loc a l information. Ultimately, it is the

Operator ’s responsibilit y to maintain the minimum safe altit udes requir e d by § 91.119.

31. Operations must be conducted at l e ast 150 feet from all nonparticipating persons

(person ’ s ot h er than the Operator or VO), vessels, vehicles, a n d s t ructures

unless:

a. B arriers or structures a r e present t h at sufficiently protect nonparticipati n g persons

from debris in the event of an accid e nt. The Operator must ensure that nonparticip a ting

persons remain under such pro t ection. If a situation a r ises in which nonparticip a ting

persons leave such protection a nd are within 15 0 feet of the UA S , flight operations must

c e ase immediately; and/or

b. the aircraft is operated n ear vessels, vehicles, or structures where the land

owner/controller has gr a nted permission and the Operator has m a de a safety

assessment of the risk of operating closer to those objects; a nd

c. operations n ear the Operator or VO do n o t present an undue haza r d to the

Operator or VO, per § 91.119(a).

32. All operatio n s shall b e c o nducted over private or controlled

- access proper t y with

permission f rom the land owner/controller or aut h orized repr e s entative. Permission f r om

land owner/controller or authorized r epresentative will be ob t ained for e a ch flight to b e

conducted.

33. In the event COAs are r e quired, any incident, accident, or flig h t operation t hat

transgress e s the lateral or vertical boundaries of the operati o nal area as defined by the

applicable C OA must be reported to the FAA’s UAS Integration Office (“AFS

- 80”)

wit hin 24 hours. Accidents must be repor t ed to the National Transportation Safety

Board (“NTSB”) p e r instructio n s contained on the NTSB Web site: www.ntsb.gov

.

*** * ** * *

Priva c y

. All flights will occur over private or controlled a ccess pro p erty with t h e

proper t y owner’s pri o r consent a nd knowle d ge. Inspe c t ion will be i n areas where the owners

will have consented t o the insp ec tions or oth e rwise have agreed to allow the UAS and the

Operator to be in the area where inspection will t a ke place.Douglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 U.S. Depar t m ent of Transportation

January 26

, 2015

Page Nine

National Securit y

. No national s e curity issue is raised by the grant of this exemption. Giv e n

the size, l o ad carrying capacity, speed at which it operates, and the fact that it carries no

explosives or other d a ngerous materials, the IRIS+ poses no threat to national securit y

.

*** * ** * *

In summary

, Douglas R. Dorrer seeks an exemption from t he FARs set forth in Appendix

A to operate commercially a small unma n ned vehicle ( 4.5lbs

. or l e ss) in educational outreach,

aerial real property and pre/post environmental remediation surveys as well as not

- for

- profit

Search and Rescue operations.

Approval of this exemption for commercial operations will enhance safety by reducing risk.

Conve n tional ope r ations, u s i n g jet or piston powe r ed aircraft, operate at extreme l y low

altitudes just feet fr o m the s ubject being inspected and in extreme proximity t o people and

structures. Such manned operati o ns present t he risks associated with vehicles t h at weigh in

excess of 6,0 0 0 lbs., carrying large amounts of jet A or other f uel. Such aircraft must fly to

and f rom the project l o catio n

. In contr a st, a sUAS weighing f ewer than 4.5 lbs. and

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

combustible fuel carried on board. The sUAS is carried to the target a r ea and not f lown. The

sUAS will carry no pa s sengers or crew and, therefore, will not expose them to the risks

associa t ed with manned aircraft fli g hts.

The operation of small UASs, we i ghing less t han 4.5 lbs., conducted in the strict conditio n s

outlined above, will pr o v ide an equivalent level of safety su p porting the grant of the

exemptions requested herein. These lightweight aircraft operate at slow speeds, cl os e to the

ground, and in sparsely

- populated West Virginia Class G airspace not under the authority of

ATC 12

. As a result, t h ey are far safer than conventional operations conducted with manned

aircraft operating in close proximity to the ground and people.

Satisfaction of the crit e ria provided in Section 333 of the Reform Act of 2012

– size,

weigh t , speed, ope r ating capabilities, proximity to air p orts and p o pulated ar e as, and op e ration

with i n visual line of sight and national security

– pr o v ide more th a n adequate justification f or

the grant of the requested exemp t ions allowi n g commercial operation of applican t ’s UAS for the

Purposes outlined he r ein and are consistent with ex em ptions alre a dy granted, including

Ex e m ptions 11062 through 11067, 1 1080, 11109 through 11112, and 1 1 114.

Sincerely,

Douglas R. Dorrer, MBA, Pro Se

__________________________ 12 FAA Order JO 7110.65v

– Chapter 12.1.1.2, Airspace Classification , Class G

- Uncontrolled airspace

within which ATC has neither the authority nor responsibility for exercising control over air traffic.Douglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 APP E NDIX A

EX E MPTION R E QU ES T AND E Q U IVALENT L EVEL OF S AFETY SH OWI N GS

U NDER APPLI C A B LE RUL E S SUBJ E CT T O EX E MPT I ON

Douglas R. Dorrer requests an exempt i on from the following r e gulations a s well as any

additional regulations t hat may te c hnically apply to the operation of the IRIS+ :

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commerci a l Pilot Privileges and Limitations.

Section 61. 1 13(a) & (b) limit private pilots to non

- commercial operations. Unlike a

co nv entional aircraft that carries a pilot, passen g ers, and ca r go, the IRIS+ in this c a se is

remotely controlled with no pass e ngers or pr o perty of others on board. Section 61

. 133(a)

requires an individual with a commercial pilot’s license to be p ilot in command of any aircraft

for c o mpensation or hire. Douglas R. Dorrer respectfully proposes t h at Operator requirements

should take into accou n t the charact e ristics of the particular U AS. Douglas R. Dorrer ’s IRIS+

has a hi g h degree of pre

- programmed control and various built

- in tec h nical cap a bilities that

strictly limit the potential for operation o u tside of the operating c o nditions set forth in the

ex emption a p plication.

The IRIS+ has an autonomous navigation and cont r ol system. Flights are p re

- programm e d

with precision GPS guidance and d o not requi r e human intervention. In the case o f unplanned

ev ents, the Operator can manually intervene to take one of t h e following a c tions:

(i) command the aircraft t o begin to a utonomously return to the recovery area and la n d;

(ii) command the aircraft to autonomously return to the recovery area w h ere the pilot will

assume control and land the airc r aft; or (iii) manually ass u me control of the aircraft via the

hand controller and return the craft to t h e recovery a rea where the Operator lands it.

Additional a utomated safety functions and safety enhancing f eatures of t h e IRIS+ inclu d e the

followin g :

• Auto

- pilot d etection of l ost GPS or of insuff i cie n t satellit es i n itiates a st a nd

- by loiter

pattern until such time as GPS is re

- established or the PIC assumes manual c o ntrol of the

a ircraft.

• Low battery power on the aircraft ( 1 0.4 volts) triggers the l a nding sequ e nce and the

craft will fly to the recovery area.

• If the auto

- pilot detects a lost

- li n k to t he ground control stati o n for longer than 30

seconds, landing procedure begi n s

.

• The aircraft, weighing f e wer than 4.5 lbs., fully lo a ded, is co ns tructed of plastic

, which is intended to absorb impact energy.

• In the event the ground station reac h es a low p o wer state, it will alert the

pilot.Douglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 The FAA has long

- established regulations found in 14 CFR 103 (“Part 103”) that d o not require

an operator of Ultralight Vehicles weighing less than 254 lbs to obtain an airman or medical

certificate :

1. § 103.7 Certification and registration.

(b) Notwi thstanding any other section pertaining to airman certification, operators of

ultralight vehicles are not required to meet any aeronautical knowledge, age, or

experience requirements to operate those vehicles or to have airman or medical

certificates.

2. Interim Operational Approval Guidance 08

- 01 1

9.1.1.1 Operations not requiring a pilot certificate: The PIC may not be

required to hold a pilot certificate for operations approved and conducted

solely within visual line of sight in Class G airspace. For the PIC to be exempt

from the pilot certificate requirement the following conditions must exist and

the alternate compliance method described below must be followed:

• The operation is conducted in a sparsely populated location, and,

• The operation is conducted from a privately owned airfield, military

installation, or off

- airport location.

• Visual line of sight operations conducted no further than 1 NM laterally

from the UAS pilot and at an altitude of no more than 400 feet above

ground level (AG L) at all times.

• Operations shall be conducted during daylight hours only.

• Operations shall be conducted no closer than 5 NM from any airport or

heliport.

Given these safety features as well as established FAA regulatory guidance

, Douglas R. Dorrer

propo s es that Operator s of t h e IRIS+ should not be required to hold a n airmen or medical

certification.

The risks associated wi t h the operat i on of the IRIS+ (given its s i ze, speed, o perational

capabili t ies, and lack of combustible fuel) are so diminished f rom the lev e l of risk ass o ciated with

commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or

rotorcraft) that allowing operations of the UAS as set forth above mee t s or exceeds the prese n t

level of sa f ety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of

requiring a commercial pilot to ope r ate the airc r aft under § 61.133(a).

_________________ 1 See Reference Interim Operational Approval Guidance 08

- 01 ; Unmanned Aircraft Systems

Operations in the U. S. National Airspace System , 2008.Douglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 Given these conditio n s and restrictions, an equivalent level of safety will be provided by

allowing operation of the IRIS+ with out a private pilot’s certifica t e, under the conditio n s set

forth in the exempt i on request. The FAA has granted exemptions to conduct similar

operatio n s in Ex e m ptions 11062 through 11067, 1 1080, 1110 9

, and 11110.

14 C.F.R. § 91.7(a): Civil Aircraft Air w orthin e ss.

This regulation requires t hat no pers o n may oper a te a civil aircraft unless it is in airwor t hy

condition. S hould the exemption be granted all o wing commercial opera t ion of the IRIS+

without an airworthiness certific a te, no standard will exist for airworthiness of the IRIS+ . Given

the size of the ai r c raft and the requirements that the Operator has agreed to as relates to

airworthiness, as set f or

t h in the att a ched manuals, an equi v alent level o f safety will be achieved

by ensuring compliance with the 3D Robotics manuals prior to each flight. The FAA has granted

exemptions to conduct similar operations in Exemptions 11062 through 11067, 110 8 0, 11109,

a n d 11110.

Furthermore, 14 CFR 103.7 (a) , Ultralight Vehicles weighing less than 254 lbs. do not require

an airworthiness certificate.

(a) Notwithstanding any other section pertaining to certification of aircraft or their parts

or equipment, ultralight vehicles and their component parts and equipment are not

required to meet the airworthiness certification standards specified for aircraft or to have

certificates of airworthiness.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

Section 91. 1 19 establis h es safe al t it udes for op e ration of civil aircraft. S p ecific a lly, 91.119(c)

limit s aircraft flyi n g over areas other than congested a r eas to an al t itude of 500 feet above the

surface, except over open water or sparsely populated a r eas. In those cases, the aircraft may not

be operated cl o s er than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the IRIS+ will never operate at higher than 150 feet AGL. It will, however,

be operated to avoid congested or po p ula t ed areas that are d e picted in yellow on VFR sectional

c h arts. Beca u s e aerial survey work must be acc o mplished at relatively low altitudes a nd at

altitudes less than 5 0 0 feet AGL, an exempti o n from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with

which the IRIS+ is built. A lso, no flight will be tak e n without the permissi o n of the landowner

or those who control the land as well as local officials. Beca u s e of advance notice to the

landowner, all affec t ed individua l s will be a w are of the s u rvey flights. Compared to aerial

survey operations con d ucted with aircraft or rot o rcraft weighing far more than 4 .5 lbs. and

carrying flammable f uel, any risk associ a ted with these o pe r ations will be far less than the risks

currently posed by conventional aircraft oper a ting at or below 500 feet AGL. Indeed, the low

altitude operations o f the UAS w i ll maintain separation b e tween these small

- UAS operations

a nd the operations o f conventional aircraft t h at must comply with Section 91.119. The FAA has

granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 110 8 0,

and 1110.Douglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 Douglas R. Dorrer further believes that ATC does not have the authority to control aircraft

within Class G airspace according to FAA Order JO 7110.65v.

12.1.1.2

- Airspace Classification; Class G

- Uncontrolled airspace within which ATC has

neither the authority nor responsibility for exercising control over air traffic. (Emphasis

Noted)

Furthermore, while operating within Class G airspace under the doctrine of “ See and Avoid ” in

accordance with 14 CFR 91.113

- Right of Way Rules

, manned

- aircraft mus t give way to a lesser

maneuverable or unmanned aircraft . A 4.5lb. UAS and a piloted fuel

- powered aircraft are

obviously not of the same category

.

(b) General. When weather conditions permit, regardless of whether an operation is

conducted under instrume nt flight rules or visual flight rules, vigilance shall be

maintained by each person operating an aircraft so as to see and avoid other aircraft

.

(d) Converging

. When aircraft of the same category are converging at approximately the

same altitude (except head

- on, or nearly so), the aircraft to the other's right has the right

of

- way. If the aircraft are of different categories

— (1) A balloon has the right

- of

- way over any other category of aircraft;

(2) A glider has the right

- of

- way over an airship, powered parachute, weight

shift

- control aircraft, airplane, or rotorcraft.

(3) An airship has the right

- of

- way over a powered parachute, weight

- shift

control aircraft, airplane, or rotorcraft.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditi o ns

This regulation prohibits an individual from beginning “a flight in an airpla n e under VFR

conditions unless (c on s idering wi n d and forec a st weather conditions) t h ere is enou g h fuel to fly

t o the first point of int e nded landi n g and, ass u ming normal cruising s p eed

– (1) During the day,

to fly after that for at least 3 0 minutes; or (2) At night, to fly after that for at le a s t 45 minutes.”

The batteri e s powering t he IRIS+ provide approximately 10

- 15 minutes of powered flight.

Without an exemption from § 14 C. F .R. 91.151, the UAS’s flights would be limited to

approxima t ely 5

- 7 minutes in length. Given the limitations on it s proposed o perations a n d the

locati o n of those proposed o p erations, a longer time frame for flight in daylig h t VFR conditions

is re as onable.

Douglas R. Dorrer believes that an exemption from 14 C.F.R. § 91.151(a) is safe and wi t hin the

sco p e of prior exemptions. See Ex e m ption 10673 (all o wing Lockh e ed Martin Corporation t o

operate without compliance with 91.151(a)). Operating the small UAS without 5

- 7 minutes of

reserve fuel does not e n gender the ty pe of risks that Section 91.151(a) was meant to prevent

given the size and speed a t which the UAS opera t es. The fact that it carri e s no pilot, p assenger,

or cargo also enhances it s safety. Limiting IRIS+ flights to 5

- 7 minutes would greatly reduce

their utilit y. In the unlik e ly event that the IRIS+ achieves a low battery state (10.4 volts), it

would simply land. Given its weight and c o nstruction m aterial, the r i sks are l e ss thanDouglas R. Dorrer 204 E. Main Street, Clarksburg, West Virginia, 26301 contemplated by the current r egulation.

Douglas R. Dorrer believes that an equivalent level of safety c a n be achieved by main t aining

5 minutes of battery life

, which, allowing 1 5 minutes of fli g ht time, would be more than

adequa t e to return the UAS to its planned landing zone fr o m anywhere in its opera t ing area.

Similar ex e m ptions have been granted to other Operator s, i n cluding Exemptions 2689F, 5745,

10673, 108 0 8, and Ex e m ptions 11062 through 11067, 110 8 0, 11109, 1 1 10, and 11 1 12.

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

Section 91. 4 05(a) requires that an aircraft Operator or owner “shall have t hat aircraft inspected

as prescribed in subpart E of this part a nd shall be t ween required inspec t i o ns, except as

provided in paragraph (c) of this s e ction, have discrepancies repaired as prescrib e d in part 43 of

this chapter

. . . . ” Section 9 1.407 simil a rly makes reference to r equirements in Part 43;

Section 91. 4 09(a)(2) requires an an n ual inspecti o n for the issuance of an airworthiness

certificate. Section 91. 4 17(a) requires the owner or Operator to keep records showi n g certain

maintenance work that has been acc o mplished by certific a ted mechanics, under Part 43, or

lice n s e d pilots and records of a pproval of the aircraft for return to s e rvice.

Maintenance of the IRIS+ will be accomplished by the owner/ Operator pursuant to the manuals

attached as c o nfidential e x hibits. An e quivalent level of safety will be achi ev ed because the

UAS is small in size, will carry a small pa y load, will oper a tion only in r estricted pr e determined

areas and is not a complex mechanical device. As provided in the attac h ed manuals, the

Operator will ensure t hat the UAS is in worki n g order prior to initia t ing flight, perfo r m required

maintenance, and keep a log of any maintenance t hat is perfo rm ed; more o v er, the Operator is the

p erson most familiar with the aircraft a nd is best suited to maintain the ai r c raft in an a i rworthy

co n dition and to ensure an e quivalent level of safety. The FAA has granted ex emptions for

similar o p erations in Ex e m ptions 11062 through 11067, 1 1080, 1110 9

, 11110, and 11112.APP E NDIX B

SUMMARY OF DOUGLAS R. DORRER SECTION 3 33 EXEMP T ION REQUEST

For publication in the F e deral Regis t er

, Douglas R. Dorrer hereby provides pursuant to Part 11 a

summary of its exemption applicati o n to allow c o mmercial operation of t h e IRIS+ unmanned

aircraft in educational outreach, aerial real property and pre/post environmental remediation

survey wor k as well as not

- for

- profit search and rescue operations

. An exem p tion is requ e sted

from the following regulations:

14 C.F.R. § 61.113(a) & (b);

14 C.F.R. § 61.133(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.151(a);

14 C.F.R. § 91.405(a);

14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(2);

14 C.F.R. § 91.417(a) & (b)