### August 10, 2015

Exemption No. 12393 Regulatory Docket No. FAA

– 20 15

– 1951

Mr. Matt Mishak Drone Guys, LLC 200 Harvard Avenue Elyria, OH 44035

Dear Mr. Mishak :
This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditi ons and limitations of the exemption, including the date it ends.

By letter dated May 13, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Drone Guys, LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography and videography

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

.
The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Air worthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1

. The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the

### 2

aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21
, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificate s , and any associated noise certification and testing requirements of part 36, is
not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.
Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Drone Guys, LLC is granted an exempt ion from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UA S to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.

### 3

Conditions and Limitations

In this grant of exemption, Drone Guys, LLC is hereafter referred to as the operator.
Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are
not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maxim um UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maint ains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;
e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation fo r the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limita tions in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.

### 4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The ope rator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g.
, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.
, inoperable com ponents, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certif icate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be

### 5

operated under this exemption, including evasive and emergency maneuvers and maintainin g appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations m ay only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distan ce from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be ma de available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited fro m beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the man ufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial

num ber, registered in accordance with 14 CFR part 47, and have identification

### 6

(N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcem ent official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure tha t nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipa ting persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the prop erty owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vert ical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions containe d on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

### 7

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities t o the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permissio n must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

### 8

This exemption terminates on August 31, 2017 , un less sooner superseded or rescinded.

Sincerely, / s/ John S. Duncan Director, Flight Standards Service

EnclosuresDrone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

May 13, 2015

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



### Dear Sir or Madam:

Attached please find Drone Guy s , LLC. ( " Drone Guy s '') request for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Sy stems ("sUASs") for aerial photography and videograph y

. This exemption request is ex clusively for the use of the UAS manufactured b y DJ I Innovations, a Hong Kong based compan y

.

Also attached to this letter is the DJ I Inspire 1 User Manual (hereinafter “Manual”), which outlines the operating requirements, limitations
, and technical specifications for the DJ I Inspire 1 sy stem. Drone Gu ys has reviewed this Manual and has found it to be acceptable for sUAS aerial photograph y operations

.

Thank you for your time and consideration, and please let me know if you have any questions.

Very truly yours,

William F. McDonough

Attorney for Drone Guys, LLCDrone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

May 13, 2015

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

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).
Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 1 1, Drone Guys
, LLC

. (" Drone Guys ''), a professional photography firm, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems ('' sUASs") for aerial photography and videography
, so long as such operations

are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.
As detailed in this document and the attached Manual, the requested exemption would permit the operation o f s UAS under controlled c onditions i n airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices s afety protocols f ollowed b y Drone Guys at each one of its aerial photography sit es. Approval of this exemption would thereby enhance safety and fulfill 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." Section 333(c) of the Reform Act. The name and address of the applicant is: Drone Guys
, Inc. Matt Mishak PH: (216) 702

- 8364 Email: mmishak@gmail.com Address: C/O Matt Mishak, 200 Harvard Avenue, Elyria, OH 44035

Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)

I. **STATUTORY AUTHORITY FOR EXEMPTIONS** 
The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.
The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §4471 l(a); 49 USC §44704; 14 CFR §91.203(a)(l).
Section 333(b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider:

• The sUAS's size, weight, speed, and operational capability;

• Whether the sUAS operates within the visual line of sight of the operator

• Whether the sUAS operates outside of highly populated areas and away from close proximity to airports
Reform Act §333(a). If the Secretary determines that a sUAS "m ay o perate safely in the national airspace system, the Secretary shall establish requirements for the safe 2 operation of such aircraft in the national airspace system." Id

. §333(c).

Drone Guys ' sUASs are multirotor vehicles, weighting 10 or fewer lbs

. including payload. They operate under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The sUASs will operate only in the pilot's visual line of sight at all times and will operate only within the controlled aerial photography area. 3. Such operations will insure that the sUASs will "not create a hazard to users of the national airspace system or th e public." Reform Act Section 333 (b).
Given the small size of the sUASs involved and the restricted and controlled environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately.Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

Also due to the small size of the UASs and the low altitudes and restricted areas in which our sUASs will operat e, appro val of the application presents no national security issue.
Given the clea

r direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safe ty, the grant of the requested exemptions is in the public interest.

Accordingly, Drone Guys respectfully requests that the FAA grant the requested exemption

w ithout delay.

II. PUBLIC INTEREST

The enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying passengers or crew and operated under the specific guidelines and procedure proposed by Petitioner give the FAA good cause to find that the UAS operations enabled by the instant Petition are in the public interest. M oreover, as the FAA has already recognized, “UAS provides an additional tool for the filmmaking indu stry, adding a greater degree of flexibility, which supplements the current capabilities offered by manned aircraft.” S ee Exemption No, 11062, Regulatory Docket No. FAA

- 2014

- 0352, at p. 22.

III. EQUIVALENT LEVEL OF SAFETY

Drone Guys proposes that the exempti on requested herein apply to civil aircraft that have the characteristics and that operate wi th the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the p roposed operations represent a safety enhancement to the already safe protocols followed on aerial photography and videography operations conducted with helicopters and other conventional aircraft.

1 "Commonly Used Statistics", Occupational Safety & Health Administration. Available at: https://www.osha.gov/ oshstats/commonstats.htmlDrone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

Drone Guys
, LLC will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption:
1. The sUAS will be less than 10 pounds. 2. Flights will be operated within visual line of sight of a pilot. 3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery reserve in real time, and will return to its ground station with at least 20% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL. 5. Crew for each operation will consist of the sUAS pilot who will keep the sUAS within his visual line of sight at all times. 6. The sUAS pilot will be trained in flight, operations, and safety procedures as detailed in the Manual. 7. The sUAS will only operate away from heavily populated areas and not in the immediate vicinity of airports. 8. A briefing will be conducted in regard to the planned sUAS operations prior to

e ach day ' s p hotography activities. 9. The area to be photographed will be inspected and cleared of persons prior to the commencement of sUAS operations. 10. Written and/or oral consent and/or notification will be given to the relevant property owners or applicable persons. 11. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 12. If the sUAS loses communications or loses its GPS signal, it will have capability to return to a pre

- determined launch point. 13. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a)(l)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). GivenDrone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition



### t he size and limited operating area associated with the aircraft to be utilized by the Drone Gu ys , 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 f rom the requirement f or an airworthiness c ertificate, upon consideration of the size, weight, speed, operational capability
, and proximity to airports and populated areas of the particular UAS. Our small UAS will be operated at low speed in a controlled environment

. Petitioner will ensure that no persons are allowed within 500 feet of the operating area except those consenting to be involved and necessary f or the filming production, with the possibility o f reducing this distance to no less than 200 feet if it would not adversely affect safety and the Administrator has approved i t.
Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of a non

- towered airport unless the airport’s management is gi ven prior notice and the operation is conducted in accordance with a Notice to Airmen (“NOTAM”)
, where applicable

. Petitioner’s UAS will remain clear and yi eld the right of way t o all manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and hang gliders.)

An an al ys is 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 a ircraft (fixed wing

or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed.

The s UAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither

a pilot nor passenger, carries no explosive mate rials or flammable liquid fuels. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, and under the requirements and in compliance with l ocal public safety requirements

.

These safety enhancements, which already apply to civil aircraft
, provide ag reater degree of s afety to the public a nd property owners than c onventional operations conducted w ith airworthiness c ertificates i ssued under 1 4 C.F.R. Part 2 1, Subpart H. Lastly, application o f these s ame criteria demonstrates that there is no credible threat to national security posed b y the UAS, due to its s ize, speed of o peration, location o f operation, lack of explosive m aterials or flammable liquid fuels, and ability to carry an external load no greater than two lbs.

**14 C.F.R.**  **45.23(b): Marking**  **of the**  **Aircraft**

This regulation requires certain experimental, provisionally certificated aircraft, or lightsport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light

- sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station.Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

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 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 of safety will be provided by having the 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 of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A.

**14 CFR 61.113**  **(a) &**  **(b): Private**  **pilot privileges**  **and limitations:**  **Pilot in**  **command**

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pil ot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the pilot operating the aircraft to have reviewed the operation manual for the specific aircraft a nd demonstrate
necessary flight skills. Unlike a conventional aircraft that carries the pilot and
passengers, the sUAS is remotely controlled with no living thing or cargo on board. The

area of operation is controlled and restricted, and all flights are planned and coordinated in advance

. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested
, exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

**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 and the requirements contained in the User Manual for maintenance and use of safety checklists prior to each flight, an

e quivalent level of safety will be provided.

**14 CFR**  **91.9 (b)(2):**  **Civil aircraft**  **flight manual,**  **marking, and**  **placard requirements** 

The sUAS, 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 sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

**14 C.F.R. 91.103: Preflight Action** 

This regulation requires each pilot in command take certain actions before flight to e nsure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in the User Manual. These actions will provide an equivalent level of safety.

**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.

By design, sUASs and remotely piloted aircraft 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 previously approved exemptions for aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller, 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. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical take

- off and vertical landing, which will typically operate at altitudes of 200 AGL, so an exemption may be needed to allow such operations. The 

### UAS will never operate at altitude higher than 400 AGL.
The equivalent level of safety will be achieved given the size, weight, speed of the UAS

as well as the location where it is operated. No flight will be taken without the consent and/or the notification of

/to the property owner and/ or onsite persons where required

. Because of the advance notice
, 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 10 lbs. proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 AGL . In addition, the low

altitude operations of the sUAS will ensure separation between these s 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 sUAS may not have aDrone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the User Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

**14 CFR**  **91.151** (a): **Fuel requirements for**  **flight in**  **VFR conditions** 

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS is limited to operations in controlled environments
, and has a limited range and flight time which require an exemption from 14 CFR 91.151(a).
The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5 minutes in length. Given the limitations on the UAS' s proposed flight

area an d the location of its proposed operations within a predetermined area, a longer time frame for flight is reasonable.

Drone Guys believes that an exemption from 14 CFR §91.15l(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing L ockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where prior consent/notification has been received/given, 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 of the small UAS. Additionally, limiting sUAS flights to 5 minutes would greatly reduce the utility for which the exemption will be granted.
An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and the pilot), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

**14 CFR**  **91.203 (a)**  **& (b):**  **Carrying civil**  **aircraft certification**  **and registration** 

The regulation provides in 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. . .

.Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

(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 no more than10 lbs

. and is operated without an onboard pilot. Therefore there is no ability or place to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground flight control point where the pilot flying the sUAS will have immediate access to them,
to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions
to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

**14 CFR 91.405** (a); **407 (a)(l); 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 repaire d as prescribed in part 43 of this chapter ...," and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Drone Guys

. Maintenance will be accomplished by the operator pursuant to the Manual

. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If m echanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the User Manual, 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.

*******

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7

(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in aeria l photography

. Approval of exemptions allowing commercial operations of sUASs in the aer ial photography industry e nhances safety while reducing risk. Aerial photography creates a greater risk because the cr aft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on boar d. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

The operation of small UASs, weighting less than 10 lbs., conducted in the strict conditions outlined above, will prov ide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

**Privacy**
All flights will oc cur over controlled property with the appropriate party’s consent and/or knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.



## *******

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proxim ity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's UASs in construction industry pursuant to the Manual appended hereto.

Very truly yours,

William F. McDonough Counsel for Drone Guys, LLC