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Robert Bear

596 Duck Call Cove

Cordova, TN 38018

PH: (901) 277-3101

October 26, 2015 

U.S. Dept. of Transportation, 

Docket Operations West Building Ground Floor, 

Room w12-140 1200 

New Jersey Avenue, SE., Washington, DC 20590 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations 

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, Robert Bear, seeks an exemption from Federal Aviation Regulations (“FARs”) detailed 

below for the following described Unmanned Aerial System called in this application the ME System, 

which includes an Unmanned Aircraft (UA) and ground station-based equipment and crew:

THE UNMANNED AIRCRAFT (UA): 

A lightweight (12.7 lb gross weight with all on-board equipment), battery operated 8-motor 

rotorcraft in the form of an octocopter that takes off and lands vertically, Manufactured by 

Freefly Systems and Distributed by Quadrocopter LLC, Model: Cinestar 8, that includes the 

following equipment in flight; 

 An on-board flight computer with GPS navigation and location ability that receives signals 

for flight controls from a ground-based transmitter/controller; 

 An on-board camera capable of capturing imagery in the form of full color, high definition 

still photos and video; 

 An on-board telemetry system that delivers flight data from the on-board flight computer to 

the on-board radio transmitter including altitude AGL, horizontal and vertical speed, 

compass direction of flight and direction back to its launch site; 

 A 2.4GHz on-board radio receiver that receives all commands from the ground station;

 A 5.8GHz on-board radio transmitter that transmits live video from the on-board pilot 

camera plus flight data from the telemetry system.

 A 1.2GHz on-board radio transmitter that transmits live video from the on-board camera.
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THE GROUD STATION –BASED PART OF THE SYSTEM: 

A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and 

who controls the UA while in the air; 

 A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight; 

 A 1.2 GHz radio receiver receiving live video and flight data from the on-board pilot camera 

and telemetry;

 A 5.8 GHz radio receiver that receives video from the on-board cinematic camera;

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the 

UA while in flight. 

The requested exemption would support an application for a commercial Certificate of Authorization to 

use the above described ME System to support aerial photography and video primarily on closed sets 

during commercial production and of real estate property and extreme sport events such as biking, 

never operating over persons not directly involved with the ME system. 

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running on 

combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current 

risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. 

With a small payload and maximum flight time of only 18 minutes, this is offers little or no risk to 

national security. 

Low level oblique photos and video from several angles are far more effective than ground-based 

imagery for displaying the characteristics of large, complex properties with several buildings and large 

trees. 

The alternative could be to charter a full-sized helicopter for this purpose, which has proven more costly 

than many potential clients are able to afford. The benefits of reduced cost and improved quality of 

presentation from the UA will be valuable to and benefit many buyers and sellers of real property and 

commercial producers.

In the case of extreme sporting events, the UA will operate in remote locations where ground based 

video recording could potentially put the camera crew in harm’s way. The UA is a safer way to capture 

these extreme sporting events. 

Additionally, I request that I be allowed to use our system to benefit first responders nearby who might 

require assistance, including fire fighters, the police, the sheriff, et al., while remaining subject to all 

limitations cited in this application as I do so. 
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The ME System will be operated in the field with both a PIC and a VO in accordance with FAA Policy N 

8900.227 Section 14 "Operational Requirements for UAS" and with the following Restrictions: 

a) No flight will be made with a UA Gross weight exceeding 55 pounds; 

b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed 

of no more than 50 knots and no further than 3/4 NM from the PIC; 

c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

d) Operations will be restricted to flights over property with the permission of the property 

owner; 

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), 

a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at 

least ten hours logged as a UA pilot with a similar UA type; 

f) All required permits will be obtained from state and local government prior to operation;

g) The ME System will not be operated over densely populated areas; 

h) The ME System will not be operated at air shows; 

i) The ME System will not be operated over any open-air assembly of people; 

j) The ME System will not be operated over heavily trafficked roads; 

k) The ME System will not be operated within 5 NM of an airport or heliport; 

l) Operations will be restricted to day only and weather conditions equivalent to VFR; 

m) The PIC will brief the VO and property owner about the operation and risk before the first 

flight at each new location; 

n) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight. 

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel 

Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a 

course of maintenance instruction as part of their initial training. 
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I submit that the combination of the UA's light weight, flight performance and ability, fully qualified 

flight crew and strict operation under the guidelines established in 8900.227, and under all of the 

Restrictions (a) through (n) listed above, the FAA can have full confidence that the operation will have an 

equivalent or greater level of safety than manned aircraft performing the same mission. 

The name and contact information of the applicant are: 

Robert Bear

596 Duck Call Cove

Cordova, TN 38018

Ph: (901) 277-3101

Email: robert_bear@msn.com

The regulations from which the exemption is requested are listed below:

- 14 CFR Part 21 

- 14 CFR 91.203 

- 14 CFR 45.23, 45.29 

- 14 CFR 91.9 

- 14 CFR 61.113, 61.133 

- 14 CFR 91.109, 91.119, 91.121

- 14 CFR 91.151 

- 14 CFR Subpart E (91.401 - 91.417) 

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) 

I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. Please contact us at any time if you require additional information or clarification. 

I look forward to working with your office. 

Sincerely, 

Robert Bear
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Appendix A 

ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Moonlight Engineering, requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the ME System: 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, I

request an experimental certificate be issued for the ME System under either or both of the 

following provisions: 

21.191 Experimental certificates. Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new 

uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations 

to show compliance with the airworthiness regulations including flights to show 

compliance for issuance of type and supplemental type certificates, flights to 

substantiate major design changes, and flights to show compliance with the 

function and reliability requirements of the regulations. Since the experimental 

certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, I would expect that an experimental 

certificate would permit our commercial purpose as well. The aircraft will not carry 

persons or property, will not carry fuel, and will only fly under strict operational 

requirements. Combined with the UA’s light weight, being constructed primarily of 

carbon fiber and plastic, I propose that the UA will be at least as safe, if not safer, 

than a conventionally certificated aircraft performing the same mission. If an 

experimental airworthiness certificate is not appropriate for this application, then I

request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an 

airworthiness certificate in general, citing the equivalent level of safety outlined in 

the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration certificate must be aboard the aircraft. 
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Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the 

cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight 

of 12.7 pounds, the UA is too small to carry documentation, does not have an entrance, and is 

not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the 

intent of 91.203, I propose that documents deemed appropriate for this aircraft by the FAA will 

be co-located with the crew at the ground control station and available for inspection upon 

request. 

In order to identify the aircraft, I propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the 

following information plus the word “EXPERIMENTAL” to satisfy the requirement of 14 CFR 

45.23, which follows immediately after the proposed placard description below: 

EXPERIMENTAL 

Manufacturer: Freefly Systems, Inc. 

Model: Cinestar 8

If found please contact: (901) 277-3101

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot 

station. 

The UA does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may 

not have a registration number assigned to it by the FAA. 

I propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the 

placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity 

of the aircraft while it is preparing for launch will be able to see the designation. 

Additionally, I feel that the permanent placard discussed in the previous paragraph will provide 

the aircraft's registration information at the ground station. 

Finally, I will display at the ground station a high contrast flag or banner that contains the words 

"Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will 

operate within 3/4 NM of the ground station, the banner should be visible to anyone that 

observes the aircraft and chooses to investigate its point of origin. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. I assume that the intent of this requirement is to ensure that flight 
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manual information is available to the aircrew while operating the aircraft. I request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, 

the documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, I propose that a current, approved UA 

Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot 

privileges and limitations. 

The regulation provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. 

Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection 

with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Our proposed operations require that the PIC must either:

(1) Hold a Commercial Pilot Certificate issued by the FAA, and have logged 25 hours of 

flight experience in this type of UA; or 

(2) Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot 

certificate" in which the PIC is required to complete "FAA private pilot ground 

instruction" and pass "the FAA Private Pilot written examination." 

Since there are currently no means available for the pilot of a UAS to gain the experience in an 

equivalent category and class in order to apply for a commercial pilot's license, I propose to 

generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAA 

sport pilot ground instruction and pass the FAA Sport Pilot written examination. 

Since the aircraft cannot carry passengers or property, I feel I meet the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a business. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls."

The ME System ground-based control station consists of a small hand-held radio transmitter 

and while it does not offer a second set of "controls", both the student and instructor can, and 
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will, operate the single set of controls simultaneously. With both student and instructor having 

"hands-on" the controls during flight, I feel that this technique meets the intent 91.109 and 

provides an equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a 

maximum of 400 feet AGL, I cannot comply with this requirement. 

In order to provide an equivalent level of safety I will only fly over private property with a size of 

at least two acres with the permission of the owner of the property flown over. 

The aircraft will not be operated over congested areas or over any open air assembly of persons. 

The property owner will be briefed on the expected route of flight and the associated risks to 

persons and property on the ground. 

The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency 

landing without undue hazard to persons or property on the surface. 

Therefore I maintain that due to the small size of the UA, the hazard to persons, vehicles and 

structures is minimal compared to manned aircraft, which should be considered in granting the 

exemption. 

14 CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. 

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in 

order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement 

above the takeoff point is transmitted via radio from the UA on-board computer to the display 

screen held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes.

I feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays 

to landing. The UA is battery operated and the maximum duration of flight from a single battery 

charge is 18 minutes with a 20% reserve. 
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Since the aircraft will never fly more than 3⁄4 NM from the point of intended landing, a full 

battery charge at launch will ensure that I meet the reserve energy requirement of this 

paragraph. 

I request an exemption to the word "fuel" and ask for an equivalent interpretation with the 

word "energy". 

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. 

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." 

As provided in a Pre-Flight Checklist, the PIC will ensure that the aircraft is in an airworthy 

condition prior to every flight and in addition conduct detailed inspections after every two hours 

of flight. 

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, 

checking electrical connections and updating software and firmware for the on-board computer. 

All other maintenance will be performed by the manufacturer or their designated repair facility. 

The PIC will document work performed in accordance with 91.417.

I feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an 

equivalent level of safety. 

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class medical 

certificate issued under part 67 in order to perform as a pilot or observer. 

The UA maximum gross weight is 12.7 lbs, it is constructed of carbon fiber and plastic and the 

PIC is not on board. 

Both the PIC and the VO are required to be in VLOS. 

Given the unlikely event that both the PIC and VO become medically incapacitated while the 

aircraft is in flight, the UA will return autonomously to the site of launching and land without 

crew intervention. 
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Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial 

pilot carrying passengers in a large aircraft is an unnecessary burden. 

I propose that the minimum medical requirements for the PIC and VO be vision corrected to 

20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the 

PIC and VO can see and avoid air traffic.
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Appendix B

MAINTENANCE

Monthly

 Check every boom for damage to the boom, UV coating and ends.

 Check all bolts/nuts/pressnuts etc.

 Clean PCB's with fine brush/loupe to make sure there are no foreign materials

 Check each prop with loupe for damage

 Inspect and measure each battery to check for swelling and damage

 Balance all batteries

 Inspect all wires in the build

Weekly

 Check for firmware updates

 Make sure all settings in MK tool are the same as prior week

 Check ALL Molex connections hot glue

 Check ALl spi/10pin connections hot glue

 Inspect all solder joints with a loupe

 Inspect all the wires that are visible

 Inspect all batteries for damage (this applies to camera too)

 Test all downlinks (clip with MIMO antenna, Bolt 2000, bolt pro and 5.8 iftrons)

 Test gimbal and controller for gimbal

Pre-flight

 Set a flight plan. 

 Hand check each prop 2x.

 Check each boom to ensure it is tight

 Check battery tray, electronics etc. to ensure they are snug

 Ensure electronics are covered if flying in a dusty environment

 Check solar activity that AM

 Check weather that AM

 Let cast and crew know the dangers

 Prep a fire extinguisher (Class D)

 Ensure downlinks are working.

 1000m range test on pilot and gimbal radios

 Make sure all the switches are out, sticks are zeroed and sticks are in good condition

 Clear a 20x20 area with cones and have ground crew on intercept duty

 Call the local ATC tower (if within 5 miles of a tower)

 Remove cell phones etc from the flight area.