July 20, 2015

Exemption No. 12084 Regulatory Docket No. FAA

– 20 15

– 0385

Mr. Robert B. Dreer 821 Briarhill Lane Traverse City, MI 49686 Dear Mr. Dreer : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends. By letter dated February 13, 2015 , you petitioned the Federal Aviation Administration (FAA) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct phot ography, videography, inspection of infrastructure, surveying, mapping and photogrammetry, precision agriculture, and scientific and environmental research

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on th is petition would be detrimental to the petitioner

. The FAA received one individual comment in opposition to the petition and one in support. In granting this exemption, the FAA has determined that the proposed operations can safely be conducted under the conditions and limitations of this exemption. As with exemptions issued to Aeryon Lab, Astraeus Aerial, Clayco, Inc., and VDOS Global, LLC, failure to comply with the document’s conditions and limitations is grounds for immediate suspension or rescission of the exemption. Airworthiness Certification The UAS proposed by the petitioner are the 3D Robotics IRIS+, X8

- M , and Aero−M

.2 The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA f inds that the requested relief from 14 CFR part 21 , Certification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary. The Basis for Our Deci sion You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s . 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11 062, 11109, 11112, and 11213 ; • The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and
• A grant of exemption is in the public interest. Our Decision In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Mr. Robert B. Dreer is granted an ex emption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3 the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below. Conditions and Limitations In this grant of exemption, Mr. Robert B. Dreer is hereafter referred to as the operator. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption. 1. Operations authorized by this grant of exemption are limited to the 3D Robotics IRIS+, X8

- M , and Aero−M whe n weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations for the purpose of closed

- set motion picture and television filming are not permitted. 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. 5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license. 6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s grant of exemption, are hereinafter referred to as the operating documents. The operating4 documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The ope rator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g. , replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. , inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. 11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal5 government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certif icate. 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs ( traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training op erations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropri ate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visu al flight rules (SVFR) are not authorized. 16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request. 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre - determined location within the private or controlled

- access property. 19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 20. The PIC is proh ibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The6 exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcem ent official upon request. 24. The UA must remain clear and give way to all manned aviation operations and activities at all times. 25. The UAS may not be operated by the PIC from any moving device or vehicle. 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 27. All operations shall be conducted over private or control led

- access property with permission from the prop erty owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 28. Any incident, accident, or flight operation that transgresses the lateral or vert ical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be7 reported to the National Transportation Safety Board (NTSB) per instructions containe d on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply. 29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption. 30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times f or all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to b e used; e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation. 31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8 This exemption terminates on July 31, 2017 , unle ss sooner superseded or rescinded. Sincerely, / s/ John S. Duncan Director, Flight Standards Service

Enclosures1

Robert B. Dreer

821 Briarhill L ane Traverse City , MI 49686 810

- 543

- 1959 robert@cherrycapitaldrones.com February 13 , 2015 U.S. Department of Transportation Docket Operations 1200 New Jersey

Ave., SE Washington, DC 20590 Re: Submission of Request for Determinati on under Section 333 of the FAA Modernization and Reform Act and Exemptions u nder 14 C.F.R. Section 11.81 Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”), I, Mr. Robert Dreer he reb y request a determination by the Secretary o f T ransportation authorizing conduct of commercial operation s of its UAS for the purposes of photograph y, videograph y, inspe ction of infrastru cture, surveying , mapping and photogrammetry , precision agriculture , and scientific & environmental research

. Pending a grant of exemption, I will be launching my compan y, a veteran
- owned small business, which will provide a broad spectrum of safe, low

cost, aerial solutions. I will be using UAS manufactured by 3 D Robotic s (3DR). Operations will be conducted within and under the safeguards outlined herein and as may be established by the FAA under FMRA Section 333(c). I also petition for exemptions as necessary t o effect the determination requested pursuant to FMRA Secti on 333. The attached documentation includes detailed exemption requests that demonstrate how these exemptions are in the public interest and will maintain at least an equal level of safety

t o exist ing re gulations. Authorizing me to conduct commercial UAS o perations would enhance commu nity e ducation and awareness of UAS. Further , operation of his UAS in these commercial operations are less disruptive, safer, and more cost effective than manned aviation equivalents due to the low altitude environment, given the size, speed and inherent risk of traditional commercial helicopter operations. These comm ercial operation s often occur in the unsafe areas of the height

- velocity d iagram requiring special precision and skill

. I will conduct the commercial UAS operations i n a manner that will meet , and in many c ases exceed , the current level of safet y of commer cial helicopter operations

. I w ill employ UAS that are under 10 lbs, have a low noise signa ture, and carry n o volatile fuel , which will limit collateral damage in the event of catastrophic failure. The low expense of operation compared to cost prohibitive manned aviation alternative s allow a greater economic benefit to businesses. For these reasons, granting an exemption under FMRA Section 333(c) is in the public interest. UAS technology used for these commercial purposes benefit the public interest in the following way s:2

 Reduces the collateral damage risk s to life and property associated with low altitude

helicopter operations in undesirable portions of the height

- velocity envelope.
 In creased public awareness regarding safe and responsible utilization of UAS.
 In creased economic wellbeing to local businesses via cost reductions

.  Enabling aerial business solutions to be available to a larger market.
 Enhan ced agriculture practices result ing in reduced environmental contamination from pesticide/fertilizer runoff and increased crop yi elds

.  More e fficient and frequent inspection of infrastructure due to reduced cost

. Additionally , I commit to hiring appropriately qualified military veterans from the local community whenever possible in future expansions. I apprec iate your careful consideration in granting this exemption.

Robert B. Dreer 821 Briarhill L ane Traverse City , MI 49686 810

- 543

- 1959 robert@cherrycapitaldrones.com3

**Table of Contents**

I. Regulations

– Exemptions Requested II. Commercial Operation/Operator III. Unmanned Aircraft Sy stem (UAS) IV

. UAS Pilot

- in

- Command (PI C) V. Public Interest VI

. Summary VII. Appendix A

– IR IS+ Operating Documents VIII. Appendix B

– X8+ Operating Documents IX

. Appendix C

– Aero

- M Operating Documents X. Appendix D

– Common Documents **I. Regulations** 

**– Exemptions requested**  Pursuant to 14 C.F.R. § 11.81(e), I, Robert Dreer seek exe mption from the below mentioned regulations and provide reason as to why the exemption should be approved based on the level of safet y at least equal to that of which the rules require.

 **14 C.F.R. Part 21 Subpart H**

**– Airworthiness Certificates**  o **Establishes:** The procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1) Given th e small size of the UAS and the safeguards that will be taken as outline below , an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y under Part 11 an d Section 333 of the FMRA with cons ideration “of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.”

 **14 C.F.R. § 45.23(b)**

**– Aircraft Marking and Identification Requirements**  o When marks include only the Roman capital letter " N" and the registration number is display ed on limited, restricted or light

- sport category a ircraft or experimental or provisionally c ertificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot s tation, in letters not less than 2 inches nor more than 6 inches high, the words "l imited," "restricted," "light

- sport, "experimental," or "provisional," as applicable. My U AS will ensure compliance with § 45.29(f) to meet the intent of the regulation by displaying the registration number in the largest practicable lettering.

 **14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii)**

**– Private and Commercial Pilot Privilege**  **and Limitations**4

o **14 C.F.R.**  **§ 61.113:**  (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may a ct as pilot in command of an aircraft that is carr yi ng passengers or propert y for compensation or hire; nor may

that person, for com pensation or hire, act as pilot in command of an aircraft. (b) A private pilot may , for compensation or hire, act as pilot in command of an aircraft in connection with an y business or employment o **14 C.F.R.**  **§ 61.133**  : (a) Privileges

– (1) General. A person wh o holds a commercial pilot certificate may a ct as pilot in command of an aircraft

– (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation. Currently , there are no a pplicable areas identified for UAS in either the priv ate or the commercial sector and therefore an exemption is required to conduct commercial operations. As flight operations will be conducted with an abundance of caution following the procedure outline below, my o perations will achieve an equivalent level of safet y for each individual flight especially w hen compared to commercial flights identified in Part 61 when originally d eveloped. My

o peration will be conducted with pilots who hold, at a minimum, a private certificate of an y category o r class and a 3 rd class medical. I, Robert Dreer, a commercial pilot and CFI , will oversee the fl yi ng program .

 **14 C.F.R. 91.7(a)**

**– Civil Aircraft Airworthiness**  o No person may

operate a civil aircra ft unless it is in an airworth y condition. Currently there is no airworth iness certificate for 3 DR UAS. Daily p re and post flight inspections will be accomplished in accordance with manufactures maintenance manual(s) and guidance. During flight, the PI C w ill adhere to § 91.7(b) and abort air operations immediately

u pon identification of an in

- flight emergency o r other unsafe condition. By

c ompl yi ng with procedures outlined by the manufacturer, an equivalent level of safety

will be achieved.

 **14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements**  o (b)(2) prohibits operation of U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manua l material, markings, and placards, or any combination thereof. By k eeping all operating documents, manuals, authorizations and exemptions in a binder co - located with the GCS, I can meet the intent of the regulations and therefore achieve an equivalent l evel of safet y.

 **14 C.F.R. 91.109(a)**

**– Fl**  **ight Instruction** o No person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. The majority

o f sUAS by design are developed with sin gle operational control through the use of pre - determined GPS enabled way points programmed before or during flight in5

addition to the use of a single hand held transmitter or control station controlled by the PI C. The design do es not allow for dual controls during flight training and therefore the exemption is requested to train operators, build experience, and maintain proficiency

. An equal level of safet y will be achieved by c onducting all training in stile environment. Traini ng sessions will be accomplished separatel y from flights conducted for compensation or hire.

 **14 C.F.R. 91.119 (c)**

**– Minimum Safe Altitudes**  o Except when necessary f or takeoff or landing, no person may o perate an aircraft below the following altitudes: (b) Over any c ongested area of a cit y, town, or settlement, or over an y open air assembly o f persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitud e of 500 feet above the surface, except over open water or sparsel y populated areas. In those cases, the aircraft may n ot be operated closer than 500 feet to any p erson, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

- shift

- c ontrol aircraft. If the operation is conducted without hazard to persons or propert y on the surface

— (1) A helicopter may

b e operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopte r complies with any

r outes or altitudes specificall y prescribed for helicopters by the FAA. Commercial UAS operations will be conducted at or below 400 ft. AGL. Given the size, weight and lack of fuel; combined with operation limitations listed below, the operation will be conducted with a greater level of safet y than exists with current manned aviation operations.

 **14 C.F.R. 91.121**

**– Altimeter Settings**  o Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may b e, by r eference to an altimeter that is set, when operating... SUAS are equipped with Global Positioning Sy stem (GPS ), which provide altitude and geo - location data to the operator without utilizing an altimeter. Due to this fact, an exempt ion is required. GPS are precise within a few feet and combined with fail

- safes and a visual observer the operation will mee t an equivalent level of safety.

 **14 C.F.R. 91.151(a)**

**– Fuel Requirements for Flight in VFR Conditions**  o No person may

b egin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly t o the first point of intended landing and, assuming normal cruising speed

— (1) During the day , to fl y after that for at least 30 minu tes; This regulation is written based on the capabilities of a traditional aircraft, which have flight times of several hours or greater; therefore, with the majority o f sUAS which have flight times of onl y an hour or less, this regulation would effectively d en y t he abilit y of the air vehicle to operate.6

The 3DR UAS display a v isual and emit an audible low battery a lert at 25% at which time the UA will automatically e ngage the landing sequence. Based upon that safeguard and the small operational area in VLOS, the operation can meet an equivalent level of safet y.

 **14 C.F.R.**  **91.405(a), 91.407(a)(1),**  **91.409(a)(2) and**  **91.417(a) &**  **(b)**

**– Maintenance**  **Inspections** o **91.405(a) States**  : Each owner or operator of an aircraft

— (a) Shall have that aircraft inspecte d as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter o **91.407(a)(1) States**  : (a) No person may o perate any

a ircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a p erson authorized under § 43.7 of this chapter o **91.409(a)(2) States:**  (a) Except as provided in paragraph (c) of this section, no person may

operate an aircraft unless, within the preceding 12 calendar months, it has had

— (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under par agraph (b) of this section may b e substituted for any i nspection required by this paragraph unless it is performed by a p erson authorized to perform annual inspections and is entered as an ‘‘annual’’ inspection in the required maintenance records. o **91.417(a )**  **& (b)**  **States:** (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i

– vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs 1

– 3) Because 3DR UAS at present do not have airworthiness certificates, these regulations do not apply

and therefore an exemption is required. Pre/Post flig ht inspections and maintenance will be conducted in accordance with the manufacturer’s guidance as stated in the operations manual. In addition, to meet the intent of these regulations, I will maintain daily

l ogs of pre and post flight inspections. If main tenance is required, a dedicated test flight will be conducted to ensure safet y before resuming commercial operations. All inspection, maintenance and alterations will be documented and maintained in a record. These actions will meet the intent of the regu lations from which exemption is being requested and lead to an equivalent level of safet y.
**II. Commercial Operator**  **/Operation** Initiall y, I will be the sole operator of the exempted UA S , with subsequent hiring of employ ees to follow. I have approximately t en ye ars of experience operating UAS in restricted and tactical airspace supporting mili tary and civilian operations. I received my trainin g in the US armed7

forces and my military o ccupational sp ecialty

i s 15W, UAS Operator. During my t ime military service, I conducted UAS operations in Arizona, Texas, California, and Ir aq. Following military service, I joined the private sector, conducting UAS operations in Utah and Afghanistan. I am certified by

the ma nufacturer of several high

- end UAS , namely the AAI S hadow and Aerosonde Mk 4.7

. I am a UAS subject matter expert and am currentl y teaching in academia

. I hold a commerc ial pilot certificate, airplane, sing le and multi

- engine land and have approximately 2 0 hours of flight and grou nd training toward a helicopter add

- on. Additionally , I hold a flight instructor certificat e, SEL and Instrument , currently w orking on adding multi

- engine

. I possess 2 nd class medical. I request that my future employ ees be exempt from§ 61.113 (a) and (b) a llowing operations of my UA S for compensation or hire, possessing only a p rivate pilot certificate and 3 rd c lass medical. A private pilot certificate will demonstrate a safe and equivalent level of aeronautical safety , judgment , security and responsibili ty to operate my UAS. I am knowledgeable in human factors awareness; crew resource management ; and risk management. I will appl y those principles to my operation. For each flight , my

employ ees or I :  Will contact the controlling air traffic organization to issue a NOTAM.
 Will obtain a preflight briefing from a pilot briefer, DUATS, or similar means.
 W ill conduct a comprehensive worksite inspection and analy sis, identifying limits of customer property

or authorized access areas.
 Will conduct preflight planning in accordance with Section 91.103 Preflight Action.
 Will operate in those areas onl y with the consent of the landowner or designated representative.
 Will i dentify

potential obstructions or other hazards to safe operation.
 Wi ll c lear the area of personnel or by standers that are non - essential to the operation, maintaining at a minimum, 500 feet away from non

- participating persons.  Will c onduct a preflight safet y briefing to V isual Observer (VO) and participating persons .  Will at all times yi eld to manned air traffic.
 Will operate within VL OS of both PI C **and** VO during daylight hours onl y.  Will maintain voice communications with VO and participating persons.
 Will operate under Class D visual flight rules, defined as 500 feet below and 2000 feet horizontal from clouds with a minimum of 3 statute miles of visibility

.  Will not exceed an altitude 400 feet AGL as determined by the installed GPS

.  Will keep operating documents, manuals, authorizations and exempti ons in a binder co located with the GCS.
 Will immediately

t erminate flight, in the safest manner possible, when safet y to persons or propert y become compromised.
 Will terminate flight, in the safest manner possible, when unable to comply w ith these limitat ions or any

other limitations granted as part of this exemption. In order to remain at an altitude at or below 400 feet AGL, relief is needed from Section 91.119 (c) and (d). By

f ollowing these operating standards, the commercial operation will meet an equivalent level of safety to the regulation in which relief is sought.8

**III. Unmanned Aircraft System** 

I seek an exemption to oper ate the 3DR line of UAS. The IR IS + is the primary a ircraft in our operation for which we seek exemption

. We will be acquiring the 3D R X8

- M and Aero

- M UAS at a later time and so wish to include those platforms in this exemption as well

. The 3DR UAS utilize a common autopilot sy stem and common ground control station software (GCS)

. The UAS will be flown via a combination of RC control, Tablet GCS , or PC

- based GCS

. The IR IS+ and X8

- M are GPS equipped, multirotor helicopter s. The IR IS+ is a quad

- ty pe utilizing four rotors. The X8

- M is a quad

- ty pe utilizing eight rotors in an “X” configuration. The Aero

- M is a GPS equipped, lightweight, foam, fixed wing aircraft with a minimum airspeed of 22 MPH and a max airspeed of 45 MPH. The UAS are powered by l ithium

- poly

mer batteries. The UAS will carr y Go Pro and other small point and shoot cameras. The IR IS+ and X8

- M UA S have the c apabilit y to l and a t its current location with a dedicated switch . The UA S also has several fail

- safes for loss of RC signal, loss of GPS, and low battery as outlined in the respective Operation Manual s . The U AS display a visual and emit an audible low battery a lert at 25% at which time the UA will automatically engage the landing sequence. Base d upon that safeguard, I request exemption from Section 91.151(b) Fuel requirements for flight in VFR conditions. The UA also has a geofence functi on , which will be programmed for a maximum altitude of 400 feet AGL and within the lateral boundaries of the worksite. The UA S, except for the Aero

- M, will not have an installed barometric altimeter and will rel y on GPS to determine altitude and speed

. Giv en the aircraft will be operated within VLOS with the aid of a VO , I believe the operation can be conducted with an equivalent amount of safety and therefore request exemption fro m Section 91.121 G iven the size, weight, speed, and controlled operating area associated with the UA to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) is requested. I seek exemption from § 45.23 Marking of the aircraft. The UA will display the registrati on number in the largest practicable lettering. He wished to be ex empt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted according to operations manual and prudent judgment as previously o utlined to determine the integrity

a nd safety

o f the UA S and associated equipment

. Further, I require relief from 91.7(a ), which prohibits the operation of an aircraft without a n airworthiness certificate and 91.9(b) (2) requiring an approved flight m anual in the aircraft. The UAS will not be operating with an airworthiness certificate therefore, this would be inappropriate. The UA S are too small to carr y the operating document s so an equivalent amount of safet y can be achieved through keeping the operating docume nts and manuals at the GCS.

**IV. UAS Pilot in Command (PIC)** 9

U nder § 61.113 (a) and (b) private pilots are limited to non - c ommerc ial operations, however I

can ensure my operation will achieve an equiv alent level of safet y a s current regulation because my UA D do not carry

a ny pilots or passengers. A commercial pilot certificate will not e nsure RC piloting ability , as the psy chomotor skills are different . The inherent risks of operating a UAS are far le ss than in the commercial activities outlined in 14 CFR part 61, et seq., thus I request an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command. All UA S PI Cs will have logged, in accordance with 61.51 (b), appropriate training on the UA consisting of 25 hours as UAS rotorcraft, 10 hours multirotor UAS or 25 hours as UAS airplane, 10 hours single

- engine as appropriate. PI Cs will maintain recent flight experience on the UA S

. Training and experience flights will be conducted separate from commercial operations. PI C Training will co nsist of:
 Pre

- flight Tasks o Assembly

and inspection of UAS o Set

- up and configur ation of RC radio and GCS o Sy stem checks
 Mission Tasks o Takeoff and landing o Manual flight modes o Autonomous flight modes o Emergency

Procedures
 Post

- flight Tasks o Inspection o Shutdown o Disassembly
 Other Tasks o Regulations o Operating limitations o Flight planning **V. Public Interest** Given the above stated evidence, procedures, and precautions; I feel that operating my UAS commerciall y for the purposes of photography , videography , inspection of infrastructure, surveying, mapping and photogrammetry , precision agriculture, and scientific & environmental research will ultimately be in the public interest. These operations, when executed with prudence, will exceed the current level of safety a s th e regulations from which I seek exemption. My o peration will allow greater access to commercial aerial services that were not previousl y economicall y feasible for man y firms. This will provide a much needed economic uplift to the community

and hence the pu blic. My o peration will be conducted with less risk of collateral damage to persons and propert y while limiting disruptive noise pollution associated with low altitude aviati on operations. A major factor to consider regarding the public interest is the cu rrent state of UAS operations in the US. As a manned aviator, the need to integrate UAS into the national airspace sy stem in a safe , deliberate manner, is alway s at the forefront of my m ind. While not all, m any i ndividuals10
operate UAS and mode l aircraft in a reckless manner out of either ignorance or carelessness , as

evidenced by

the increasing reports of manned

- unmanned incursions and incidents such as the DJI Phantom that recently c rashed on the White House lawn

. As the technology b ecomes more readil y ava ilable, the challenges will intensify

. By allowing commercial operations, it will enable communities to become educated in the proper use of this technology

. As an educator, I am alread y working to foster positive awareness and safe, responsible utilizatio n of UAS technology

. Granting my e xemption will result in a direct extension of these efforts, which is in the public interest

.
**VI. Summary**  Pursuant to Section 333 of PL 112

- 95 commonly

known as the “FAA Modernization and Reform Act of 2012”, Robert B. Dreer , hereby a pplies for authorization to conduct commercial unmanne d aerial sy stems (UAS) operations for the purposes of photograph y, videograph y, inspection of infrastructure, surveying, mapping and photogrammetry , precision agriculture, and scientific & environmental research. Rules in which I

seek exemption:

 14 C.F.R. Part 21 Subpart H
 14 C.F.R. § 45.23(b)
 14 C.F.R. § 61.113 and 61.133(a)(1)(ii)
 14 C.F.R. § 91.7(a)
 14 C.F.R. 91.9(b)
 14 C.F.R. § 91.103
 14 C.F.R. § 91.109(a)
 14 C.F.R. § 91.119
 14 C.F. R. § 91.121
 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) Throughout this exemption request, I have shown how my e xpertise and knowledge with UAS technology

w ill ensure the public’s best in terest is at hand a nd how my o peration will aid in safel y integrating civil UAS into the national airspace s ys tem
.