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 Aviation 

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 unstable roofs. It also reduces the risk associated with inspection of agriculture (Corn & Soybean) 

fields after a possible catastrophic losses. 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 Insurance 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 sections of Title 14 of the Code of Federal Regulations from which 

Jerry Grabow requests exemption 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 extent of relief Jerry Grabow seeks and the reason he seeks such relief:

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, Jerry 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 

administered 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 ISM
I, Jerry Grabow, consider 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 in 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, flights 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 time limit for each battery is eleven (11) to fifteen (15) 

minutes as tested. I do not operate my Phantom sUAS at or below manufacturer recommended 

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 taking 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 clocked 

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 hazard 

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 directive to integrate sUAS's into the national 

airspace 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 benefit the public as a whole:

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 proclaimed 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 ultralightweight sUAS is battery powered and creates no emissions that can harm the environment. The 

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 minimizing 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 why my exemption will not adversely affect safety or how the exemption will 

provide a level of safety at least equal to existing rule.

1. My Phantom 3 sUAS weighs 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 Modernization 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 

communication with the remote control pilot is lost.

7. I actively analyze flight data and other sources of information to constantly update 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 permissions 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 national 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 well as extensive property damage; if is far safer to operate a battery powered ultra-lightweight 

sUAS. 

12. The 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 populations.

13. There is no fuel on board a sUAS and thus the potential for fire or explosion is greatly diminished.

14. The small size and extreme maneuverability of my sUAS allows me to remotely pilot away from and 

avoid hazards quickly and safely.

15. Given 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 editing 

software. Accordingly, my sUAS has been experimentally operated 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, entitled Airworthiness Certificates.

Sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 

91.203(a) (l). The size, weight and enclosed operational 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) and 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 populations. My current and projected Phantom sUAS's meet or exceed each of the elements. 

14 C.F.R. 91.7(a): Civil Aircraft Airworthiness

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/flight 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 registrations 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 place 
on 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 markings. 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 limited 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 

control 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. Thus, 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 standard 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 those 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 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, entitled Airworthiness 

Certificates, sets forth requirements 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 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 populations. My sUAS meets or exceeds each of these elements. 14 C.F.R 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) 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 Nos. 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 than 

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 

established airfields. I, Jerry Grabow, have been 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 personnel on board my, Jerry Grabow's, sUAS, and therefore, the likelihood of 

death or serious bodily injury is significantly 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