Exemption Request for Robert Gutermuth Pursuant To Section 3 3 3 of the FAA Reform Act of 2012

7/31/15

United States Department of Transportation

Docket Operations

1200 New Jersey Ave.SE

West Building Ground Floor Room W12-BO

Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

I am writing pursuant to the FAA Modernization and Reform Act of 2012 (the "Reform Act”) And the 

procedures contained in 14 C.F .R. 11, to request that Robert Gutermuth, owner and operator of a DJI Phantom 

1.1.1, model no. 330D (Serial # PH646046556) UNMANNED AIRCRAFT SYSTEMS (UAS), and a transportable 

ground station. The PHANTOM is referred to as a quad-copter with the maximum gross weight of less than 4 

pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The Phantom 

has a maximmnairspeed of 30 knots and to be exempted from the Federal Aviation Regulations (FAR's) listed 

below.

The exemption is needed in order to operate a small lightweight unmanned aircraft system (UNMANNED 

AIRCRAFT SYSTEMS (UAS) commercially in airspace regulated by the Federal Aviation Administration (FAA). 

These operations will be conducted within and under the conditions outlined herein or as may be established By

the FAA as required by Section

333.§1 1.81

The following aspects of Section 333 of the FAA Modernization and Reform Act of 2012 should be considered.

The following information is submitted to meet the requirement of the above act.

1. Name and address:

a. Robert Gutermuth

b. 194 Water St. Leominster, MA 01453

c. Offce: 978-534-2942

d. Email: rob@mediacreations.com

2. The Specifc Sections of Title 14 of the Code of Federal Regulations from which

Robert Gutermuth 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 CFR407 (a) (1);

14 CFR 409 (a) (2); and,

14 FR417(a)&(b).

3. The extent of relief you seek, and the reason you seek relief:

Robert Gutermuth, respectfully submits this request in harmony with the Reform Act, 112 P.L. 95 §§ 331-334, 

pursuing reprieve from any currently applicable FARs operating to preclude me, Robert Guternuth intended use

is saleable aerial imagary in video or still format within the Greater Worcester, MA region to provide 

information for intended parties for the enhancement of real estate listings, or any legal business that provide a 

supplementary tool for adding a greater degree of fexibility which supplements the present abilities obtainable 

by manned aircraft inside the national airspace system.
Exemption Request for Robert Gutermuth Pursuant To Section 3 3 3 of the FAA Reform Act of 2012 – Page 2

The Reform Act in Section 332 provides for such incorporation of civil unmanned aircraft systems into our 

national airspace system as it is in the public's interest to do so. Robert Gutermuth's DJI Phantom 1.1.1, Model 

no. 330D (Serial # PH646046556) quad-copter small UNMANNED AIRCRAFT SYSTEMS (UAS), meets the 

defnition of "small unmanned aircraft" as defned in Section 331 and therefore the integration of my ultra-light 

weight UNMANNED AIRCRAFT SYSTEMS (UAS) is expressly considered by the Reform Act. Robert 

Gutermuth would like to operate my DJI Phantom 1.1.1 model no. 330D (Serial# PH646046556) ultra-light weight UNMANNED 

AIRCRAFT SYSTEMS (UAS) prior to the time period, by which the Reform Act requires the FAA to broadcast rules 

governing such craft. The Reform Act guides the Secretary in defning the types of UNMANNED AIRCRAFT 

SYSTEMS (UAS)'s that may operate safely in our national airspace system.

Considerations include: The weight, size, speed and overall capabilities of the UNMANNED AIRCRAFT 

SYSTEMS (UAS)'s; whether the UNMANNED AIRCRAFT SYSTEMS (UAS) will be operated near airports or 

heavily populated areas; and, Whether the UNMANNED AIRCRAFT SYSTEMS (UAS) will be operated by line 

of sight. My DJI Phantom 1.1.1 model no. 330D (Serial # PH646046556) UNMANNED AIRCRAFT SYSTEMS 

(UAS) operates four (4·) counter-rotating propellers for stability, control and steadiness. My UNMANNED 

AIRCRAFT SYSTEMS (UAS) is equipped with GPS and auto return safety technology. Weighing less than fve 

(5) pounds far below the maximum 55 pound limit); including camera with gimbal.

Operation of the UNMANNED AIRCRAFT SYSTEMS (UAS) preceding fight and post fight must be operated 

in a check list format and that safety is paramount with each fight. My DJI Phantom 1.1.1 model no. 330D (Serial

#PH646046556) is designed to hover in place via GPS and operate in less than a 22 knots (25 mph) wind. Robert 

Gutermuth operates this UNMANNED AIRCRAFT SYSTEMS (UAS) with the upmost in mind that safety, 

stability and fear of detrimental fnancial loss is of primary importance. I will not fy in winds exceeding 13 

knots (15 mph). Built in safety systems include a GPS mode that allows my UNMANNED AIRCRAFT SYSTEMS

(UAS) to hover in place when radio controls are released. This is the safest, most dependable and unwavering 

mode to prevent accident and hazard. When pilot communication is lost UNMANNED AIRCRAFT SYSTEMS 

(UAS) is designed to slowly descend to point of origination, the UNMANNED AIRCRAFT SYSTEMS (UAS) has 

a function that instantaneously video records once communication is lost. I do not and will not operate my 

UNMANNED AIRCRAFT SYSTEMS (UAS) near airports, hospitals or helipads, and do not operate near areas 

where general public is one hundred (100) yards depending on location, conditions and weather. 

Robert Gutermuth is constantly vigilant and on alert for any manned aircraft and prepared to avoid and shall 

yield the right-of-way to all aircraft and operate in a manner to avoid any type of collision hazard with respect 

to persons on the ground or property and to land/terminate instantly to the nearby and safest ground point 

should a manned aircraft approach my location or suspect manned aircraft may approach near my location, My 

DJI Phantom 1.1.1 model no. 330D (Serial # PH646046556) UNMANNED AIRCRAFT SYSTEMS (UAS) is capable

of vertical and horizontal operations, and fown only within my line of sight, as I am the Remote controlled 

pilot The UNMANNED AIRCRAFT SYSTEMS (UAS) is operation under the power of a battery power rather 

than combustible fuels, fights generally last between ten (10) to 15 minutes, with an altitude under three 

hundred ffty (300) feet.

4. How Request Will Beneft the Public As A Whole:

In-fight videography for topographical awareness and real estate marketing or any legal business utilizing 

aerial photographs or video has been around for an extensive period of time done with manned fxed wing 

aircraft and helicopters. For the small budget businessperson the expense of such aerial Videography is 

enormously cost prohibitive This deprives many others from exploiting a valuable advertising tool. Manned 

aircraft exposes a superior hazard to the public through conceivable cataclysmic crash causing loss to property 

and or life. UNMANNED AIRCRAFT SYSTEMS (UAS) pose no such hazards due its size, speed and lack of 

fammable fuel. This signifcantly reduces any potential threat to the public.

5. Reasons Why Exemption Will Not Adversely Affect Safety or How the Exemption Will 

Provide a Level of Safety At Least Equal To Existing Rule:

Robert Gutermuth safety protocols will enhance safety; exemption will not adversely affect safety.

In addition I, submit the following representations of enhancements to current aerial videography and 

photography for real estate or any legal business requiring photographic images:
Exemption Request for Robert Gutermuth Pursuant To SectionS 3 3 of the FAA Reform Act of 20l2 – Page 3

DJI Phantom 1.1.1, Model 330D

Serial Number: PH646046556 weighs less than 5 pounds complete with installed camera:

The Phantom 1.1.1 + frmware programmed for maximum 300 feet above ground level and 1000 feet radius 

distance are limited distance for maintaining visual sight line of operation. Most intended operation will only 

requires range of 25-125 above ground level and less than 200 feet lateral distance from Pilot in command.

All current frmware upgrades for all equipment are current, and checked on a weekly basis to ensure they are 

current versions directly from the manufacture's web site.

Current Physical Safety upgrades:

DJI factory Prop Guards

1. I agree to always obtain all essential permissions prior to operation and post a warning sign reading

"Attention Use of Quad Rotor Drone for Aerial Photography in progress- Remain Back 125 feet";

2. I will conduct operations under strict personal and fight safety protocols and constantly strive to

update and enhance safety protocols;

3. I will always conduct extensive pre-fight inspections and protocol, during which safety carries principal

importance;

4. No payloads will be used by this unit, other than camera and it's gimbal;

5. I agree to only operate in reasonably safe environments that are strictly controlled and are away from power 

lines, elevated lights, airports and actively populated areas;

6. I agree to pilot my UNMANNED AIRCRAFT SYSTEMS (UAS) through remote control only by line of sight;

7. I agree to only operate my UNMANNED AIRCRAFT SYSTEMS (UAS) with a height limitation set for a 

maximum of 300 feet ABOVE GROUND LEVEL (Operating -25% inside the 400 foot permissible ceiling set by 

the FAA Modernization and Reform Act of 20l2);

8. I agree to operate UNMANNED AIRCRAFT SYSTEMS (UAS) for only 5-8 minutes per fight, well with in

tolerances issued by the manufacture, as rated by their recommended battery power per fight.

9. I agree to employ the GPS fight safety feature, which allows the UAS to hover and then slowly land if

communication with the remote control pilot is lost and continues to record fight as per manufacture settings;

10. I agree to maintain records specifc to retain until the work is repeated or superseded by other work for

one year after the work is performed;

11. I agree to transfer all records with the aircraft at the time the aircraft is sold;

12. I will list or denote in records a list of defects furnished to a registered owner or operator, and shall be

retained until defects are repaired and the aircraft is approved for return service;

Robert Gutermuth's operating procedures exceeding existing rules:

First, the possible loss of life is lessened because UNMANNED AIRCRAFT SYSTEMS (UAS)'s carry no pilots or 

passengers on board and I only operate my UNMANNED AIRCRAFT SYSTEMS (UAS) safely in the direct 

detailed areas of operation versus fxed wing or helicopter which requires travel to the region of need.
Exemption Request for Robert Gutermuth Pursuant To SectionS 3 3 of the FAA Reform Act of 20l2 – Page 4

Second, there is no fuel on board an UNMANNED AIRCRAFT SYSTEMS (UAS) and thus the probability

for fre or explosions is signifcantly diminished.

Third, the small size and extremely maneuverability of my UNMANNED AIRCRAFT SYSTEMS (UAS) allows 

me to remotely pilot away from hazards quickly and safely.

6. A Summary The FAA May Publish in the Federal Register:

• 14 C.F.R. 21 and 14· C.F.R. 91: Airworthiness Certifcates, Manuals and the Like.

• 14· C.F.R. 21, Subpart H, entitled Airworthiness Certifcates, sets forth requirements for procurement of 

necessary airworthiness certifcates in relation to FAR § 91.20.3(a)(1). The size, weight and enclosed operational 

area of my, Robert Gutermuth's, UNMANNED AIRCRAFT SYSTEMS (UAS) permits exemption from Part 21 

because my UNMANNED AIRCRAFT SYSTEMS (UAS) 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 

certifcate requirement under both the Act (49 U.S.C. § 44·701 (f)) and Section 333 of the reform act. Both pieces 

of legislation permit the FAA to exempt UNMANNED AIRCRAFT SYSTEMS (UAS)'s from the airworthiness 

certifcate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such 

as airports and dense populations. My, Robert Gutermuth's, current and projected UNMANNED AIRCRAFT 

SYSTEMS (UAS)'s meet or exceed each of the details.

• 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certifcate. As no such

certifcate 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 fight manual in the aircraft. As there are no on board pilots or 

passengers, and given the size of the UNMANNED AIRCRAFT SYSTEMS (UAS)'s, this regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining safety /fight manual delineating 

areas of where safety can be defned. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607,87.'37, 8738,9299, 9299A, 9565, 9565B, 10167, l0167A, 10602, 10700 and32827.

• 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UNMANNED AIRCRAFT

SYSTEMS (UAS) utilizes electronic global positioning systems with a barometric sensor.

• 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifcations and registrations. They are

inapplicable for the same reasons described above. The equivalent level of safety will be achieved by 

maintaining any such required certifcations and registrations by me, Robert Gutermuth.

• 14 C.F.R. § 45.2.3: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifcations. 

My UNMANNED AIRCRAFT SYSTEMS (UAS) are, by defnition, 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 diffcult to place on such small aircraft with dimensions smaller that minimal lettering 

requirement. Regardless, I will mark its UNMANNED AIRCRAFT SYSTEMS (UAS)s 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, 10167A and 

10700.

• 14 C.F.R. § 61.ll3: 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, 

Robert Gutermuth, can achieve an equivalent level of safety as achieved by current regulations because 

my UNMANNED AIRCRAFT SYSTEMS (UAS) 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 UNMANNED AIRCRAFT SYSTEMS (UAS) is far less than the risk levels inherent in the 

commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Robert Gutermuth, to operate 

my UNMANNED AIRCRAFT SYSTEMS (UAS) to meet & exceed current safety levels in relation to

14 C.F.R. §61.113 (a) & (b).
Exemption Request for Robert Gutermuth Pursuant To SectionS 3 3 of the FAA Reform Act of 20l2 – Page 5

• 14. C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be

operated at lower altitudes in certain conditions. My UNMANNED AIRCRAFT SYSTEMS (UAS) will 

never operate at an altitude greater than 300 feet ABOVE GROUND LEVEL; safely below the standard 

of 400 feet ABOVE GROUND LEVEL. I, Robert Gutermuth, will however operate my UNMANNED 

AIRCRAFT SYSTEMS (UAS) in safe areas away from public and traffc, 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 UNMANNED AIRCRAFT SYSTEMS (UAS), an equivalent or higher 

level of safety will be achieved.

• 14 C.F.R. 91.405 (a); 407 (a) (I); 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 certifcate. They will not, therefore, apply to my, 

Robert Gutermuth's, UNMANNED AIRCRAfT SYSTEMS (UAS). However, as a safeguard I inspect my 

UNMANNED AIRCRAfT SYSTEMS (UAS) beforehand and after each fight to ensure the UAS is in perfect 

operational condition.

Summary the FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14

C.F.R. 91: Airworthiness Certifcates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness 

Certifcates, sets forth requirements for procurement of necessary airworthiness certifcates in relation to FAR§ 

91.203(a)(1). The size, weight and enclosed operational area of my UNMANNED AIRCRAFT SYSTEMS (UAS) 

permit exemption from Part 21 because my, Robert Gutermuth's, UNMANNED AIRCRAFT SYSTEMS (UAS) 

meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt 

aircraft from the airworthiness certifcate requirement under both the Act (4·9 U.S.C. § 44701 (f)) and Section 333 

of the Reform Act. Both pieces of legislation permit the FAA to exempt UNMANNED AIRCRAFT SYSTEMS 

(UAS)'s from the airworthiness certifcate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. My UNMANNED

AIRCRAFT SYSTEMS (UAS) meets or exceeds each of the elements. 14· C.F.R. 91.7(a) prohibits the operation of 

an aircraft without an airworthiness certifcate. As no such certifcate 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 fight manual in the aircraft. As there are no pilots or passengers, and 

given the size of the UNMANNED AIRCRAFT SYSTEMS (UAS)'s, this 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.

7. There is no request to exercise the privileges of your exemption outside the United States.

Respectfully submitted on this day 31, July 2015,

Robert Gutermuth