Novel Studios, Inc. 

Howard William Mitsakos 

4617 Madison Dr. 

Vestal, NY 13850 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) 

and (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) 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 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

and 14 CFR Part 11, Howard Mitsakos, operator of Unmanned Aircraft Systems (UAS), 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 

under the conditions outlined herein or as may be established by the FAA as required by 

Section 333. 

Thank you for your consideration. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) 

and sensors, would provide professional services in the following areas: 

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and newsgathering. 

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines and cell towers. 

5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

6. Training to persons individually or belonging to both private and/or public organizations to 

increase awareness and improve safety for current and future UAS operations within the 

NAS. 

As described fully below, the requested exemption would permit the operation of designated 

UAS as set forth in this document under controlled conditions in the NAS that would be a) 

limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase 

public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements 
for the safe operation of such aircraft systems in the national airspace system.” 

The name and address of the applicant is: 

Novel Studios, Inc. 

Howard William Mitsakos, President 

Ph: 607-427-4718 

Email: howey@novelstudios.com 

Address: 4617 Madison Dr., Vestal, NY 13850 

Regulations from 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) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

Howard William Mitsakos will operate one or more DJI Model W323 Phantom 3 Professional, 

with a total weight of 1280g or 2.82lbs. The dimensions are 292mm x 292mm x 191mm 

or 11.5inch x 11.5inch x 7.5inch. Under still air the maximum speed is no more than 

16m/s or 35mph. The DJI Phantom 3 Professional has the ability to hover and move 

along a vertical and horizontal plane simultaneously. The DJI Phantom 3 Professional 

has four motors powered by a 4-cell 4480mAh Lithium Polymer battery. There are four 

propellers in use. The DJI Phantom 3 Professional will be controlled with the GL300A 

remote controller with an operating frequency of 2.400GHz –2.483GHz. The live video 

feed will have an operating frequency of 2.4GHz ISM. The applicant will operate the 

UAS in line of sight within a closed off and predetermined area owned and/operated by 

the property representative. Given the small size of the UAS and the controlled 

environment provided the proposed operations will adhere to the Reform Act’s safety 

requirements. The approval of this application presents no national security issues. 

Regarding the level of safety surrounding the proposed operations and the public 

benefit, reduction in environmental impacts, including but not limited to reduced 

emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly the applicant graciously requests that the FAA grant the requested 

exemption with minimum delay. 

AIRCRAFT AND 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 the applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth in the Flight 

Operations Manual (FOM) include: 

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery 

and 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 flight time for each operational flight will be depending on the UAS model in 

operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power 

reserve or 30 minutes of flight time whichever occurs first. 

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) 

and not more than 200 feet above an elevated platform from which filming is planned. 

6. Minimum crew for 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 pilot will be a designated Pilot in Command (PIC). The PIC will have logged a 

minimum of 20 hours on the designated UAS. 

8. A safety briefing will be performed prior to each day’s flights consisting of all the days’ 

production activities. 

9. All flight activities will be logged. 

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

11. The flights will occur in Class G airspace no closer than a 5 mile radius of the geographic 

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. 

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport. 

13. The operator will file FAA Form 77111, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District Office (FSDO) no 

more than 72 hours but no less than 48 hours from planned operation. 

14. The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as U.S. Department of Transportation required under the FOM. With the 

advanced permission of the FSDO, operations at closer range may be approved. 

15. The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular UAS to be operated. 
16. The PIC and VO will be able to communicate by voice and/or radio at all times. 

17. Written and/or verbal permission and permits will be obtained from territorial, state, county 

or city jurisdictions, including law enforcement, fire or other appropriate governmental 

agencies as appropriate to flight operations. 

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 have the capability to abort a flight in case of emergencies with an 

automated “Return Home and Land” function. 

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies such as low battery. 

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 for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the Applicant, an exemption from 

Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis 

of these criteria demonstrates that the UAS operated without an airworthiness certificate in 

the restricted environment and under the conditions proposed will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. The UAS to be operated hereunder is less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials 

or flammable liquid fuels, and operates exclusively within a secured and designated area. 

Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local 

public safety requirements. These safety enhancements provide a greater degree of safety to 

the public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the UAS, 

due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft. The regulation requires: When marks include 

only the Roman capital letter "N" and the registration number is displayed on limited, 

restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "lightsport," "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 

entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. 

Given the size of the UAS, two inch lettering will be impossible. The word “Experimental” will 

be placed on the fuselage in compliance with §45.29 (f). US Department of Transportation 
February 20, 2015 The equivalent level of safety will be provided by having the UAS marked 

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 as “Experimental.” 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a) &(b), no person who holds a private pilot certificate may act as a 

pilot in command of an aircraftthat is carrying passengers or property for compensation or hire. 

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. 

The risks attendant to the operation of UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. The PIC of the UAS will be, or be under the direct 

supervision of, a FAA Certificated Private Pilot with current Third Class or higher medical 

certificate. It is believed that the operation and limitations set forth in the FOM will equate to the 

safe operation of the UAS. 

14 C.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 exist for determining airworthiness. Given the size of the aircraft for maintenance 

and use of safety checklists prior to each flight, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) 

provides: No person may operate a U.S. registered civil aircraft ... (2) For which an Airplane 

or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there 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 place to carry such a flight manual on the aircraft, not only 

because there is no pilot on board, but because there is no room or capacity to carry such an 

item on the aircraft. The equivalent level of safety will be maintained by keeping the flight 

manual at the ground control point where the pilot flying the UAS will have immediate access 

to it. 

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take 

certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight 

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 of flight 

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 fully functioning dual controls. UAS and remotely piloted aircraft, by their design 

do not have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for 

operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than 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 UAS that is a 

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not 

more than 200 above an elevated platform from which filming is planned, an exemption may 

be needed to allow such operations. As set forth herein, the UAS will never operate at higher 

than 400 AGL with the exception that in circumstances where the UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated 

more than 200 feet above the highest point on the structure. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be exposed to 

operations without their pre-obtained consent. The equivalent level of safety will be achieved 

given the size, weight, and speed of the UAS as well as the location where it is operated. No 

flight will be taken without the permission of the property owner or local officials. Because of 

the advance notice to 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 rotorcraft weighting far more than the maximum 55lbs. proposed herein and the 

lack of flammable 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-altitude operations of the UAS will ensure separation between these UAS operations and 

the operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. § 91.121 Altimeter Settings. This regulation requires each person operating an aircraft 

to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the 

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 safety will be achieved by the operator, pursuant to the 

safety check list and live flight data monitoring, confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) 

prohibits an individual from beginning “a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the first point 

of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that 

for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The applicant 

believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the UAS in a tightly controlled area where only people and property owners or 

official representatives who have signed waivers will be allowed does not engender the type 

of risks that Section 91.151(a) was intended to alleviate given the size and speed of the 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 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 it the following: (1) An appropriate and current 

airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this section or a special flight 

authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew. The UAS fully loaded weighs well under the proposed 55lb 

limit and is operated without an onboard pilot. As such, there is no ability or place to carry 

certification and registration documents or to display them on the UAS. An equivalent level of 
safety will be achieved by keeping these documents at the ground control point where the 

pilot flying the UAS will have immediate access to them, to the extent they are applicable to 

the UAS. 

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 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 that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. Maintenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook. An equivalent level of safety 

will 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 higher than 400 feet AGL. The operator 

will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. An equivalent level of safety will be 

achieved because maintenance and inspections will be performed in accordance with the 

UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the 

UAS is in working order prior to initiating flight and perform required maintenance as needed. 

Additional Information. 

The applicant, Howard William Mitsakos, believes this exemption request and associated 

safety considerations adequately satisfy criteria provided in Section 333 of the Reform Act of 

2012, providing sufficient justification for the granting of commercial operations of the 

applicant’s UAS. 

The applicant, Howard William Mitsakos, requests your respective approval of this Section 

333 exemption petition request. 

Please notify Howard William Mitsakos of your actions, and/or approvals. Thank you for your 

time and attention to this matter. 

Sincerely, 

Howard William Mitsakos 

Novel Studios, Inc. 

howey@novelstudios.com

4617 Madison Dr. 

Vestal, NY 13850 

607-427-4718