Kris VonDerau 6631 Hedington Sq. #7 Centerville, OH 45459

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington DC 20590 November 25, 2015

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14CFR 45.23{b); 14 CFR 61.113(a); 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) and (b); 14 CFR 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: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, Andrew Gaydosh & Associates I Kris VonDerau

.operator ofSmall Unmanned aircraft Systems ("sUAS"), hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its sUAS, so long as such operations are conducted within and underthe conditions outlined herein oras my be established by the FAA as required by Section 333. Commercial operation sUAS, as described herein, which are equipped with cameras and sensors, would operate in the following manner: 1. Aerial photography and/orvideo for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photographyfor public and/or private use including television, public events, cinematography and news gathering. 3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority. 4. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases ofan emergency or natural disaster onlywhen the local authorities orgovernment has requested it by contract ordonation. 5. The ability to offertraining to persons individually or belonging to both private and/or public organizations that have interests in the use and application ofsUAS forthe purpose ofthe safe operation ofsUAS to enhance the safety ofthe National Airspace System (NAS) as well as forthe protection ofthe persons and property.U.S. Department ofTransportation November 25, 2015 Page 2

As described fully below, the requested exemption would permit the operation ofsUAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements tothe already safe operations in the industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

....establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system." The name and address ofthe applicant is: Attn: Kris VonDerau Ph: 937.219.9333 Email: kris@thegaydoshteam.com Address: 6631 Hedington Sq. #7 Centerville, OH 45459

RC Device: DJI Phantom Ill Quad copter Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) 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) & (b) 14 CFR 91.405 {a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) {2) 14 CFR 91.417 {a) & {b) My sUAS are multi-rotor craft weighing no more than 551bs. including payload. Under normal conditions they operate at speeds of no morethan 50kts and have the ability hoverand move along avertical and horizontal plane simultaneously. They will operate in line ofsight and will operate within a closed offand predetermined area owned and/operated by the property representative. Given the small size ofthe sUAS and the controlled environment provided the proposed operations will adhere tothe Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surroundingthe proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly the applicant requests thatthe FAA grantthe requested exemption with minimum delay.U.S. Department ofTransportation November 25, 2015 Page 3

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions towhich the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 1.The sUAS will weigh less than 

### 55 lbs. 2. Flights will be operated within line ofsight ofa pilot and/orobserver. 

### 3. Maximum flight timefor each operational flight will be 

### 30 minutes. Flights will be terminated at 

### 25% battery power reserve or

### 30 minutes offlight time whichever occurs first. 

### 4. Flights will be operated at an altitude of no morethan 

### 400feet Above Ground Level (AGL) and not morethan 

### 200feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will consist ofthe sUAS Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator. 6. The sUAS pilot will be a designated Pilot in Command (PIC) and hold a current Third or higher Class Medical Certificate, along with avalid state driver's license. Ifthe PIC feels anotheroperatorto be qualified with the necessary skills to be PIC 

### &possess aThird or higher Class Medical and avalid state driver's license, that person may be designated PIC provided they have a minimum of

### 20 hours offlight time with the sUAS. 7. A briefing will be performed regarding the planned sUAS operations priorto each day's flight consisting ofall the days' production activities. 8. The operatorwill obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 

### 100feet ofthe flight operation, and the radius may be reduced to 

### 30feet based upon an equivalent level ofsafety determination, as required underthe FOM. With the advanced permission of the FSDO, operations at closer range may be approved. 9. The PIC and VO will have been trained in operation ofsUAS and receive up-to-date information forthe particularsUAS to be operated. 

### 10. The PIC and VO will be able to communicate by voice, radio, and/ortext at all times. 

### 11. Written and/orverbal permission and permits will be obtained from territorial, state, county orcityjurisdictions, including law enforcement, fire orotherappropriate governmental agencies. 

### 12. Ifthe sUAS loses communications or loses GPS signal, the sUAS will have the capability to return to a pre-determined location within a designated location and land autonomously. 13. The sUAS will have the capability to abort aflight in case ofunpredicted obstacles, weather, or emergencies.U.S. Department ofTransportation November 25, 2015 Page 4

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 {a) {1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 {a) {1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan 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 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates thatthe sUAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, orsafer, than a conventional aircraft {fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neithera pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within asecured 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. The FAA will have advance notice ofall operations. These safety enhancements provide agreaterdegree ofsafetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthesesame criteria demonstratesthatthere is no credible threatto national security posed by the sUAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry asubstantial external load. 14 C.F.R. §45.23 {b). Marking ofthe Aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance tothe cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted,"- "light-sport," "experimental," or "provisional," as applicable. Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance tothe cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe sUAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 {f). The equivalent level ofsafety will be provided by havingthe sUAS marked on its fuselage as required by §45.29 {f) where the pilot, observer and others working with the sUAS will see the identification ofthe sUAS as "Experimental." 14 C.F.R. § 61.113 {a): Private Pilot Privileges and limitations: Pilot in Command.U.S. Department ofTransportation November 25, 2015 Page5

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command ofan aircraftthat is carrying passengers or propertyfor compensation or hire. Our sUAS do not carry any pilots or passengers nor propertytherefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot's license will notensure remote control piloting skills. The risks attendanttothe operation ofsUAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. Ifeel the operation and limitations set forth in the FOM will equate to the safe operation ofthe sUAS. 14 C.F.R. §91.7(a): Civil AircraftAirworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As therewill be no airworthiness certificate issued forthe aircraft, should this exemption be granted, no FAA regulatorystandard will exist for determining airworthiness. Given the size ofthe aircraft for maintenance and use ofsafety check lists priorto each flight an equivalent level ofsafetywill be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual intheAircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft

... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof. The sUAS, given its size and configuration has no ability or place to carry such aflight manual on the aircraft, not only because there is no pilot on board, but because there is no room orcapacity to carry such an item onthe aircraft. The equivalent level ofsafety will be maintained by keeping theflight manual atthe ground control point wherethe pilotflyingthe sUAS will have immediate access to it. 14 C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command totake certain actions before flight to insurethe safety offlight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an exemption will be needed. The PIC willtake all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight. 14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fullyfunctioning dual controls. sUAS and remotely piloted aircraft, by their design do not have fullyfunctional dual controls. Flight control is accomplished through the use ofa control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptions forflight trainingwithout fullyfunctional dual controls for a numberofaircraft and forflight instruction in experimental aircraft. The equivalent level ofsafety provided by thefactthat neithera pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft.U.S. Department ofTransportation November 25, 2015 Page6

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes foroperation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operatingthe helicoptercomplies with any route oraltitudes prescribed for helicopters bythe FAA. As this exemption is fora sUAS that is a helicopter and the exemption requests authorityto operate at altitudes upto 400 AGL, or not morethan 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS will never operate at higherthan 400 AGL withthe exceptionthat in circumstances wherethe sUAS is used to survey or photograph a structure whose height exceeds 400 feetAGL, the sUAS will not be operated morethan 100' above the highest pointon the structure. Itwill however be operated in a restricted area with security perimeter, where buildings and people will not be exposed tooperations withouttheir pre-obtained consent. The equivalent level ofsafety will be achieved given the

## size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe property owneror local officials. Because ofthe advance notice tothe property ownerand participants in thefilming activity, all affected individuals will be aware ofthe planned flight operations. Compared toflight operations with aircraft or rotorcraft weightingfar more than the maximum 551bs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition,the low-altitudeoperations ofthe sUAS will ensure separation between these small- UAS operations and the operations ofconventional aircraftthat must comply with Section 91.119. 14C.F.R. §91.121 AltimeterSettings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...tothe elevation ofthe departure airport oran appropriate altimetersetting available before departure."As the sUAS may not have a barometric altimeter, but instead aGPS altitude read 

### out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuanttothe safety check list and live flight data monitoring, confirmingthe altitude ofthe launch site shown on the GPS altitude indicator beforeflight. 14 C.F.R. § 91.151(a): Fuel Requirementsfor Flight inVFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel toflytothe first point ofintended landing, and, assuming normal cruising speed- (1) Duringthe day, tofly afterthatfor at least 30 minutes; or (2) At night, tofly after thatfor at least 45 minutes." The battery poweringthe sUAS provides approximately 30 minutes of powered flight. To meetthe 30 minute reserve requirement in 14CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a longertimeframe forflight in daylight ortwilightVFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of priorexemptions. Operatingthe small UAS, in atightly controlled area where only people and propertyowners orofficialU.S. Department ofTransportation November 25, 2015 ·Page 7 representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utilityforwhich the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limitingflights to 30 minutes or25% of battery powerwhichever happens first. This restriction would be morethan adequate to return the sUAS to its planned landing zone from 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 unless the airworthiness certificate required by paragraph (a) ofthis section or aspecial flight authorization issued under §91.715 is displayed at the cabin orcockpit entrance so that it is legible to passengers orcrew. The sUAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the sUAS. An equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### &(b): Maintenance Inspections. These regulations require that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished bythe operator pursuant tothe flight manual and operating handbook. An equivalent level ofsafety will be achieved because these small UASs are very limited in size and will carry asmall payload and operate only in restricted areas for limited periods oftime. If mechanical issues arise the sUAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensure thatthe sUAS is in working order priorto initiatingflight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). AsU.S. Department ofTransportation November 25, 2015 Page 8 provided in the FOM, the operatorwill ensure thatthe sUAS is in working order priorto initiatingflight and perform required maintenance needed. Additional Information The applicant, Kristopher VonDerau, has been involved in the building and piloting of remote controlled aircraft for more than 

### 2 years. Satisfaction of criteria provided in Section 

### 333 ofthe Reform Act of

### 2012 provide more than adequate justification forthe grant ofthe requested exemptions allowing the commercial operation ofthe applicant's sUAS.

Sincerely,

Kristopher VonDerau 6631 Hedington Sq. #7 Centerville, OH 45459 937.219.9333

DJI Phantom Ill WEIGHT (INCLUDING BATTERY AND PROPELLERS) 1280 g DIAGONAL SIZE (INCLUDING PROPELLERS) 590 111111 MAX ASCENT SPEED

- I J m,s MAX SPEED 16 m/s (ATTl mode, no wind)