US Department of Transportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation

November 1, 2015

Eric Gurnitz Aerial Sky Productions 4202 Bunratty Ln. Plainfield, IL 60586 Ericgur77@gmail.com

U.S Department of Transportation Docket Management System 1200 New JerseyAve., SE Washington DC 20590

Re: Exemption Request Pursuantto Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14CFR 21 subpart H; 14 CFR 45.23(b); 14CFR 61.113(a) and (b); 14 CFR 91.7(a); 14CFR 91.9(b)(2); 14 CFR 91.103; 14CFR91.109; 14CFR91.119(c); 14CFR91.121; 14CFR91.151(a); 14 CFR 91.203(a) and (b); 14CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuantto Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") And 14CFR Part 11 of Unmanned Aircraft Systems (UAS), Eric Gurnitz Hereby applies for ·an exemption from the listed Federal Aviation Regulations (''FARs") to allow commercial operation of Designated UAS, provided such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.Thank you in advance for your consideration.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in thefollowing
areas:



### 1. Search and Rescue 2. Real Estate 3. Construction 4. Advertising 5. Agriculture 6. Productions

As described fully below, the requested exemption would permitthe operation of designated UAS assetforth in this document under controlled conditions in the NASthatwould be a) limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase public awareness of UASoperations and enhance safetyto aid in fulfilling the Secretary of Transportation•s (the FAA Administrator•s) responsibilities to 11
•••• establish requirements for the safe operation of such aircraft systems in the national airspace system. 11

The name and address ofthe applicant is



### Eric Gurnitz Aerial Sky Productions 4202 Bunratty Ln. Plainfield, IL 60586 Ericgur77@gmail.comFrom which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) 

### &(b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 14 CFR 91.409 (a) 14 CFR 91.417 (a):

Grants of exemption in circumstances similar in all material respects, In Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA2014-0804) Exemption Nos. 11062, 11109, 11112, 11213, and 12645; Nos. 11062, 11109, 11112, 11213, and 12645.

Eric GurnitzWill operate one or more ofthe Following model UAS

DJI Inspire 1

Safety requirements. The approval of this application presents no national security issues. Regarding the level of safetysurrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grantof the requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. These limitations and conditions to which theapplicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1.The UAS will weigh significantly less than 55 lbs. Itweighs lessthan 4 pounds with batteryand camera.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flighttime for each operational flightwill be depending on the UAS model in operation, butwill not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or30 minutes offlighttimewhichever occurs first.

5. Flights will be operated at an altitude of no more than 400feet Above Ground Level (AGL) and not morethan 200 feet above an elevated platform from which filming is planned.

6. Minimum crewfor each operation will consist of the UAS Pilot and at least one Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilotwill be a designated Pilot in Command (PIC). The PIC will have logged a minimum of20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day'sflights consisting of all the day's activities.

9. All flight activitieswill be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.11

.Theflights will occur in Class G airspace no closerthan a mile radius of the geographiccenter/Airport Reference Point (ARP) of atower controlled or uncontrolled airport.

12. Flights will not be closerthan a S-mile radius of the geographic center/Airport.

13. The operatorwill do a pre check of aircraft priorto each flight. And log each flight.

14. The operatorwill obtain verbal/written consent of all persons involved with the planned operation and ensurethat only consenting persons will be allowed within 1

00feet ofthe flight operation, and the radius may be reduced to 30feet based upon an equivalent level of safety determination, as U.S. Department of Transportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VOwill have been trained in operation of UAS and receive up to date information forthe particular UAS to be operated.

16. The PIC and VOwill be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules.

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously.

19. The UAS will havethe capability to abort a flight in case of emergencies with
an automated "Return Home and Land" function.

20. The UAS will havethe capability to abort aflight in case of unpredicted obstacles, weather, or emergencies such as low battery.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the proceduralrequirements forthe issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized bythe Applicant, an exemption from Part21 Subpart H meetsthe requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAAto exempt aircraftfrom the requirementfor an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximityto airports and populated
areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstratesthatthe UAS operated without an airworthiness certificate in the restricted environmentand underthe conditions proposed will be at leastas safe,
or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UASto be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusivelywithin a secured and designated area.

Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greaterdegree of safetytothe public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part21, Subpart H. Lastly, application of these same criteria demonstratesthatthere is no credible threatto national security posed bythe UAS, dueto its size, speed of operation, location of operation, lack of explosive materials orflammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking ofthe AircraftThe regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraftor experimental or provisionally certificated aircraft, the operator must also displayon that aircraft
near each entranceto the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words "limited/ "restricted/ 111ightsport/ "experimentalf or "provisional/ as applicable.

The operator must also displayon that aircraft near each entranceto the cabin, cockpit, or pilotstation, in letters not lessthan 2 inches nor morethan 6 inches high, thewords "limited/ "restrictedf "light sportf "experimental/ or "provisional/
as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed, as the UAS will have no entranceto the cabin, cockpit or pilot station on which the word lettering will be impossible. Theword "Experimental"will be placed on the fuselage in compliance with §45.29 (f). USDepartment ofTransportation February 20, 2015.

The equivalent level of safetywill be provided by having the UAS marked With a N number and or Experimental. Given the size ofthe UAS, two inch on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS, 14 C.F.R. § 61.113 (a) and 

### (b).

The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property.

14C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will existfor determining airworthiness. Given the size of the aircraftfor maintenance and use of safetychecklists priorto each flight, an equivalent level of safetywill be provided. 14C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No person mayoperate a U.S. registered civil aircraft

... (2) Forwhich an Airplane
or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unlessthere is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or placeto carry such a flight manual on the aircraft, notonly becausethere is no pilot on board, but becausethere is no room or capacityto carry such an item on the aircraft. The equivalent level of safetywill be maintained by keeping the flight manual atthe ground control pointwhere the pilotflying the UAS will have immediate access to it.

14C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions beforeflight to insure the safety offlight. As FAA approved rotorcraftflight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person mayoperate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft hasfullyfunctioning dual controls. UAS andremotely piloted aircraft, bytheir design do not havefullyfunctional dual controls. Flight control is accomplished through the use of a control boxthat communicateswith the aircraftvia radio communications. The FAA has approved exemptionsforflighttraining withoutfullyfunctional dual controls for a number of aircraft and forflight instruction in experimental aircraft. The equivalent level of safety is provided bythe factthat neither a pilot nor passengerswill be carried in the aircraft and bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudesfor operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at lessthan the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UASthat is a helicopter and the exemption requests authorityto operate at altitudes up to 400 AGL, or not morethan 200 above an elevated platform from which filming is planned, an exemption may be needed to allowsuch operations. As setforth herein, the UAS will neveroperate at higherthan 400 AGLwith the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400feet AGL, the UASwill not be operated morethan 200 feet abovethe highest pointon the structure. It will however be operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operations withouttheir pre obtained consent.

The equivalent level of safetywill be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance noticeto the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraftweighting far morethan the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating ator below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat mustcomplywith Section 91.119. 14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level of safetywill be achieved bythe operator, pursuantto the safety check list and liveflight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator beforeflight. 14C.F.R. § 91.151 (a): Fuel Requirementsfor Flight in VFRConditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecastweather conditions) there is enough fuel to flyto thefirst point of intended landing, and, assuming normal cruising speed- (1) During the day, tofly afterthatfor at least 30 minutes; or (2) At night, tofly afterthatfor at least45 minutes." The applicant believes that an exemption from 14CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in atightly controlled areawhere only people and property owners or official representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes
or 25% of battery power- whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zonefrom anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The UASfully loaded weighs well underthe proposed 55 lb limitand is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the UAS. An equivalent level ofsafetywill be achieved by keeping these documents atthe ground control pointwhere the pilotflying the UASwill have immediate access to them, to the extentthey are applicableto the UAS.

14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operator or owner "shall have that 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

..," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese sections and Part43 applyonlyto aircraftwith an airworthiness certificate, these sections will not applyto the applicant. Maintenance will be accomplished by the operator pursuantto the flight manual and operating handbook. An equivalent level of safetywill be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400feet AGL. The operatorwill ensurethatthe UAS is in working order priorto initiating flight, perform required maintenance,and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to providethe equivalent level of safety. An equivalent level of safetywill be achieved because maintenance and inspectionswill be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operatorwill ensure thatthe UAS is in working order priorto initiating flight and perform required maintenance needed. Authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Additional Information.

The 

### Eric Gurnitz believes this exemption request and associated safety considerations adequately satisfycriteria provided in Section 333 ofthe Reform Act of 2012, providing sufficientjustification forthe granting of commercial operations ofthe applicant's UAS.

The applicant, 

### Eric Gurnitz equests your respective approval of this Section 333 exemption petition request.


### r

Thankyou for your attention in this matter. Please notify 

### Eric Gurnitz Ofyour actions, and or approvals. Thankyou, for your interest in this request.

Sincerely,
./ 

### Eric Gurnitz

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Manual:
http://download.djiinnovations.com/downloads/inspire 1/en/lnspire 1 User Manual v1.8 en. pdf