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