Jerry Grabow / Pilot / Temple Insurance Agency / Owner

– Petitioning for Exemption under Section 333

September 1, 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations form 14

. C.F.R. 45.23{b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b); (2); 91.103(b); 91.109; 119.121; 91.lSl(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2 ); 91.417 (a)&(b) Dear Sir or Madam: I Jerry Grabow am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Jerry Grabow, an operator of small unmanned aircraft, be exempt from the Federal Aviation Regulations ("FARs") listed below so that I, Jerry Grabow, may operate my company’s DJI Phantom 3 Advanced (“Phantom”) small ultra

- lightweight unmanned aircraft system ("sUAS") commercially in airspace regulated by the Federal Aviat ion Administration ("FAA"). I, Jerry Grabow’ s exemption request would permit me to conduct commercial operations for aerial photography in connection with homeowner and private

- property insurance inspections for clients of Temple Insurance Agency. It is in my client’s best interest for several reasons. It removes safety risks associated with underwriters and claims adjusters to access potentially dangerous areas such as slippery or unstab l e roofs. It also reduces the risk associated with inspection of agric ulture (Corn & Soybean) fields after a possible catastrophic loss es . The above two examples will reduce time required to pay claims as well as improving the efficiency of the Temple Insurance Agency.


### I. **Contact Information** Jerry Grabow / Independent Insuran ce Agent / Owner Temple Insurance Agency 120 S Main St / PO Box 406 Lennox, SD 57039 Phone: 605

- 647

-0606 E

- Mail: jgrabow@mytempleinsurance.com

### II. **The specific s ections of Title 14 of t**  **he Code of Federal Regulations from w**  **hich Jerry Grabow**  **requests e xemption are:**  14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). 

### III. **The e** **xtent of relief Jerry Grabow seeks and**  **the r eason**  **he seeks such r elief:**  I, Jerry Grabow, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent me, Jerry Grabow, contemplated commercial flight operations for insurance purposes within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public's interest to do so. I, Je rry Grabow’s Phantom sUAS meets the definition of "small unmanned aircraft' as defined in Section 331, and therefore, the integration of my Phantom sUAS is expressly contemplated by the Reform Act. I would like to operate my Phantom sUAS prior to the time period by which the Reform Act require ’ s the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administ ered uniformly to all insurance needs sUAS aerial photography . The Reform Act guides the Secretary in determining the types of sUAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the sUAS's. 

### Technical specifications for the **DJI Phantom 3 Advanced are summarized in the table below.** 

Size
– Diagonal size including propellers 590 mm (23.23 inches) Total Weight

– 2.82 pounds Max Ascent speed

– 5 m/s (10 knots) Max Descent speed

– 3 m/s (6 knots) Max Flight speed

– 16 m/s (31 knots) Hover Accuracy: Vertical 0.1 m (when Vision Positioning is active) Horizontal 1.5 m Control Frequency (main Channel)

– 2.400 GHz

- 2.482 GHz Controller Range (max distance)

– 2000m (outdoors and unobstructed) Communications
– 2.4GHz ISMI, Jerry Grabow, co nsider safety as foremost with each flight. My Phantom sUAS is designed to hover in

place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financial loss, I will not fly in winds exceeding 16 kph {10 mph). Built i n safety systems, include a GPS mode that allows my Phantom sUAS to hover in place when radio controls are released. When pilot communication is lost, Phantom sUAS is designed to slowly descend to the point of take

- off. I do not operate my Phantom sUAS near airports, hospital nor police heliports, and do not operate near areas where general public is within fifty to one hundred (50

- 100) yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach my location or I suspect manned aircraft my approach near my location. My Phantom sUAS is capable of vertical and horizontal operations, and is flown only within my

-- the remote control pilot’s

-- line of sight. Utilizing battery power rather than combustible fuels, flig hts generally last between five (5) to eight (8 ) minutes, with an altitude under one hundred fifty {150) feet

. I, Jerry Grabow, utilize a fresh fully charged battery with each flight as a safety precaution; full flight tim e limit for each battery is eleven (11) to fifteen (15 ) minutes as tested. I do not operate my Phantom sUAS at or below manufacturer recommende d minimum charge levels for operation; preferring to remain well within safe operating range to insure adequate communication between radio control and Phantom sUAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taki ng risk that may cause a crash that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. I have clocke d practice flights in familiarization with the characteristics of this specific Phantom sUAS's performance under different temperature and weather conditions. I, Jerry Grabow, am extremely cautious when operating my Phantom sUAS and will not "create a haza rd to users of the national airspace system of the public." 112 P. L. 95 § 333 (b). Given the small size and weight of my Phantom sUAS, it falls well within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding direct ive to integrate sUAS's into the national a irspace system. Jerry Grabows Phantom sUAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.



### IV. **How Jerry Grabow’ s request will b**  **enefit t**  **he public as a w hole:**  It is my objective to provide this service with a "safety first" mindset so that the eventual commercialization of sUAS flight is not affected negatively by those who are doing this without proper training. Congress has already proc laimed that it is in the public's interest to integrate commercially flown sUAS's into the national airspace system, hence the passing of the Reform Act. My ultra

lightweight sUAS is battery powered and creates no emissions that can harm the environment. T he consequence of my ultra

- lightweight sUAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public. The public's interest is furthered by minim izing ecological and crash threat by permitting aerial photo capture through my battery operated ultra

- lightweight sUAS's. Permitting me, Jerry Grabow, to immediately fly within national air space also provides a safety benefit for inspecting unstable roofs and inspecting agriculture fields after a catastrophic loss.

### V. **Reasons w hy my**  **exemption w i**  **ll not adversely affect safety or how the exemption will**

**provide a level of safety at l eas** **t equal to existing r ule**  **.** 1. My Phantom 3 sUAS we ighs less than eight (8) pounds. 2. I only operate my Phantom 3 sUAS below 200 feet (well within the 400 foot permissible ceiling set by the FAA Modern ization and Reform Act of 2012). 3. My Phantom 3 sUAS only operates for 5

- 8 minutes per flight. 4. I land my Phantom 3 sUAS prior to manufacturer recommended minimum level of battery power. 5. I pilot my Phantom 3 sUAS through remote control only by line of sight. 6. My Phantom 3 sUAS has GPS and a flight safety feature whereby it hovers and then slowly lands if communicat ion with t he remote control pilot is lost. 7. I actively analyze flight data and other sources of information to constantly upda te and enhance safety protocols. 8. I only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas. 9. I conduct extensive pre

-flight inspections and protocol, during which safety carries primary importance. 10. I always obtain all necessary perm issions prior to operation. 11. I have procedures in place to abort flights in the event of safety breaches or potential danger. My safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial sUAS into our nati onal airspace system, helicopters are the primary means of aerial video and photography for community awareness and real estate. While the safety record of such helicopters is remarkably astounding, there has been local incident involving loss of life as w ell as extensive property damage; if is far safer to operate a battery powered ultra

- lightweight sUAS. 12. T he potential loss of life is diminished because sUAS's carry no people on board and I only operate my sUAS in specific areas away from mass populat ions. 13. T here is no fuel on board a sUAS and thus the potential for fire or explosion is greatly diminished. 14. T he small size and extreme maneuverability of my sUAS allows me to remotely pilot away from and avoid hazards quickly and safely. 15. G iven its small size and weight, even when close enough to capture amazing images, my sUAS does need not be so close to the objects they are focused on through the technology and use of post editin g software

. Accordingly, my sUAS has been experimentally ope rated for familiarization/competency and will continue to operate at and above current safety levels.

### VI. **A Summary the FAA may publish in the Federal Register:**

**A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like.** 
**14 C.F.R. 21, Subpart H, entit**  **led Airworthiness Certificates.**
S ets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a) (l). The size, weight and enclosed operation al area of my Phantom sUAS permits exemption from Part 21 because my Phantom sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C § 44701 (f) a nd Section 333 of the Reform Act. Both pieces of legislation permit the FAA exempt sUAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense po pulati ons. My current and projected Phantom sUAS's meet or exceed each of the elements. 

### 14 C.F.R. 91.7(a) **: Civil Aircraft Airwo r** **thiness** Section 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. **14 C.F.R. 91.9 (b) (2): Civil aircraft flight manual**
14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the sUAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flig ht manual delineating areas of where safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167A, 10602, 10700 and 32827. **14 C.F.R. § 91.121 : Altimeter Settings**  Section 91.121 is in regards to altimeter settings which is inapplicable insofar as my sUAS utilizes electronic global positioning systems with a barometric sensor. **14 C.F.R. § 91.203 (a) and (b) : Civil aircraft Certifications required** 
Section 91.203 (a) & (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and reg istra tions by me, Jerry Grabow

. 

### B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.
Section 61.113 Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. My sUAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to placeon such small aircraft with dimensions smaller than minimal lettering requirement. Regardless, I will

mark its sUASs in the largest possible lettering by placing the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R § 45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see the markin gs. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167 A and 10700. 

### C. 14 C.F.R § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are li mited to non

- commercial operations. I, Jerry Grabow, can achieve an equivalent level of safety as achieved by current Regulations because my sUAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote contro l piloting skills. The risks attended to the operation of my sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. T hus, allowing me, Jerry Grabow, to operate my sUAS meet and exceed current safety levels in relation to 14 C.F.R. § 61.113 (a) & (b). 

### D. **14 C.F.R. 91.119: Minimum Safe Altitudes.** Section 91.119 establishes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My sUAS will never operate at an altitude greater than 200 AGL; safely below the standa rd of 400 AGL. I, Jerry Grabow, will however operate my sUAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below tho se in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my sUAS, an equivalent or higher level of safety will be achieved. 

### E. **14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections.** The above

-cited Regulations require, amongst other things, aircraft owners and operators to "have [the] aircraft inspected 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 .... " These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my Phantom sUAS. However, as a safety precaution, I inspect my Phantom sUAS before and after each flight. 

### A Summary t **he FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91:** Airworthi ness Certificates, Manuals and the l ike. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requ irements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203{a)(l). The size, weight and enclosed operational area of my sUAS permits exemption from Part 21 because my, Jerry Grabow 's, sUAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to e xempt sUAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My sUAS meets or exceeds each of these elements. 14 C.F.R 91.7(a) prohib its theoperation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in

the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the sUAS's, the Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption No s. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved. 

### In Summary, Jerry Grabow **seeks an exemption from the following Regulations:**  14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F. R. § 91.151 (a); 14 C.F.R. §§ 91.203 (a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(l); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a)(2); and 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my Phantom 3 small lightweight unmanned aircraft vehicle in my Insurance Agency operations . Granting my request for exemption will reduce current risk levels and thereby enhance safety. My Phantom 3 sUAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable th an conventional real estate video and photographic aircraft with much less flight time. Furthermore, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from establis hed airfields. I, Jerry Grabow, have b een informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual that exceeds currently accepted means and methods for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no perso nnel on board my, Jerry Grabow 's, sUAS, and therefore, the likelihood of death or serious bodily injury is signific antl y diminished. My, Jerry Grabow 's, operation of my sUAS weighing less than 8 pounds and traveling at lower speeds within limited areas, will provide an equivalent level of safety as that achieved under current FARs . Accordingly, I, Jerry Grabow, respectfully request that the FAA grant my exemption request. I am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft and the general public at large. Respectfully submitted, Jerry Grabow, Independent Insurance Agency Owner Temple Insurance Agency 120 S Main St / PO Box 406 Lennox, SD 57039