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 C FR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) a nd (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.4 17(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 Aircr aft Systems (UAS), hereby applies for an exemption from the listed Federal Aviation Regul ations (“FARs”) to allow commercial operation of designated UAS, provided such operation s are conducted within and under the conditions outlined herein or as may be established b y 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 followi ng areas:

1. Aerial photography and/or video for public and/or private us e including real estate, architecture, land surveying, engineering and other related pro fessional activities.

2. Aerial video and/or photography for public and/or private us e including television, public events, cinematography and newsgathering.

3. Aerial inspection/photography of residential/commercial stru ctures under contract with the owners or local government authority.

4. Aerial inspection/photography of residential/commercial util ity infrastructure including but not limited to electrical power lines, wind turbines and cell t owers.

5. Aerial video/photography or providing live video feed to ass ist with search and rescue operations in cases of an emergency or natural disaster only wh en the local authorities or government has requested it by contract or donation.

6. Training to persons individually or belonging to both privat e and/or public organizations to increase awareness and improve safety for current and future UA S 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 i n 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 requirementsfor 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 292 mm x 292mm x 191mm

or 11.5inch x 11.5inc h x 7.5inch. Under st ill air the maximum s peed 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 P hantom 3 Professional has four motors powered by a 4-ce ll 4480mAh Lithium Polymer bat tery. There are four propellers in use. The DJI Phantom 3 Professional will be contr olled with the GL300A remote controller with an operat ing frequency of 2.400GHz –2.48 3GHz. The live video feed will have an oper ating frequency of 2.4GHz ISM. The applic ant will operate the UAS in line of sight within a closed off and predetermined area owned and/operated by the property representative. Giv en the small size of the UAS an d the controlled environment provided the proposed operations will adhere to the Reform Act’s safety requirements. The approval of this application presents no nati onal security issues. Regarding the level of safety surrounding the pr oposed operatio ns 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 graci ously requests t hat the FAA gran t the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an equivalent or higher level of safety becauseoperations will further enhance the safety of the persons and/o r property using conventional aircraft. These limitations and conditions to which the applica nt 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 ma ximum operating speed of no more than 50mph.

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

4. Maximum flight time for each operational flight will be depe nding on the UAS model in operation, but will not exceed 30 minutes. Flights will be term inated 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 whic h filming is planned.

6. Minimum crew for each operati on will consist of the UAS Pilo t and at least one Visual Observer (VO), and may include a third, but separate, Camera Op erator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC). T he 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 flig hts consisting of all the days’ production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorolog ical 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 u ncontrolled airport.

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

13. The operator will file FAA Form 77111, or its equivalent, a s modified in light of the requested exemption, with the appropriate local Flight Standard s District Office (FSDO) no more than 72 hours but no less than 48 hours from planned opera tion.

14. The operator will obtain verbal/written consent of all pers ons involved with the planned operation and ensure that only consenting persons will be allow ed 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 un der 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 a nd 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 obtain ed 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 t he 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, weig ht, 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 wi ll be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operati ng 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 passenge r, carries no explosive materials or flammable liquid fuels, and operates exclusively within a se cured and designated area. Unlike other civil aircraft, operations under this exemption wi ll be tightly controlled and monitored by both the operator and under the requirements and i n compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations con ducted 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 natio nal security posed by the UAS, due to its size, speed of operation, location of operation, lac k of explosive materials or flammable liquid fuels, and inability to carry a substantial ex ternal 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 i s displayed on limited, restricted or lightsport category aircraft or experimental or p rovisionally certificated aircraft, the operator must also display on that aircraft near each entra nce to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inch es high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," a s applicable. Even though the UAS will have no airworthiness certificate, an exemption may be nee ded as the UAS will have no entrance to the cabin, cockpit or pilot station on which the wo rd “Experimental” can be placed. Given the size of the UAS, two inch lettering will be impossibl e. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). US Dep artment of TransportationFebruary 20, 2015 The equivalent level of safety will be provid ed by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, obse rver 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 Li mitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a) &(b), no person who holds a priva te pilot certificate may act as a pilot in command of an aircraftthat is carrying passengers or p roperty 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 th e 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 T hird 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 regulatio n requires that no person may operate a civil aircraft unless it is in airworthy condition. A s there will be no airworthiness certificate issued for the aircraft, should this exemption be g ranted, no FAA regulatory standard will exist for determining airworthiness. Given the si ze of the aircraft for maintenance and use of safety checklists prior to each flight, an equivalen t level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the A ircraft. Section 91.9 (b) (2) provides: No person may operate a U.S. registered civil aircraf t ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this ch apter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight M anual, approved manual material, markings, and placards, or any combination thereof. T he UAS, given its size and configuration has no ability or place to carry such a flight ma nual on the aircraft, not only because there is no pilot on board, but because there is no roo m or capacity to carry such an item on the aircraft. The equivalent level of safety will be ma intained by keeping the flight manual at the ground control point where the pilot flying the U AS 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. A s 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 Procedur es 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 use d 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 a ccomplished through the use of a

control box that communicates with the aircraft via radio commu nications. The FAA has approved exemptions for flight training without fully functiona l dual controls for a number of aircraft and for flight instruction in experimental aircraft. T he equivalent level of safety is provided by the fact that neither a pilot nor passengers will b e 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 estab lishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopt ers to be operated at less than theminimums prescribed, provided the person operating the helicopt er complies with any route or altitudes prescribed for helicopters by the FAA. As this exempt ion is for a UAS that is a helicopter and the exemption requests authority to operate at a ltitudes 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 UA S 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 U AS 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 pe ople will not be exposed to operations without their pre-obtained consent. The equivalent l evel of safety will be achieved given the size, weight, and speed of the UAS as well as the loc ation where it is operated. No flight will be taken without the permission of the property own er or local officials. Because of the advance notice to the property owner and participants in th e filming activity, all affected individuals will be aware of the planned flight operations. Com pared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lb s. proposed herein and the lack of flammable fuel, any risk associated with these operatio ns 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 betwe en these UAS operations and the operations of conventional aircraft that must comply with S ection 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 b y the operator, pursuant to the safety check list and live flight data monitoring, confirming t he 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 Cond itions 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 eno ugh 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 peopl e and property owners or official representatives who have signed waivers will be allowe d 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 happe ns first. This restriction would be more than adequate to return the UAS to its planned la nding zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certific ation and Registration. The regulation provides in pertinent part: (a) Except as provided i n § 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 ci vil aircraft unless the airworthiness certificate required by paragraph (a) of this sec tion 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 ofsafety will be achieved by keeping these documents at the groun d 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 h ave 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 r epaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the a ircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft wi th an airworthiness certificate, these sections will not apply to the applicant. Maintenance wil l 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 wi ll 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 initiatin g flight, perform required maintenance, and keep a log of any maintenance performed. Moreo ver, the operator is the person most familiar with the aircraft and best suited to maint ain the aircraft in an airworthy condition to provide the equivalent level of safety. An equival ent 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 ope rator 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 S ection 333 of the Reform Act of 2012, providing sufficient justification for the granting of co mmercial operations of the applicant’s UAS.

The applicant, Howard William Mitsakos, requests your respectiv e approval of this Section 333 exemption petition request.

Please notify Howard William Mitsakos of your actions, and/or a pprovals. 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