August 10, 2015

Exemption No. 12389 Regulatory Docket No. FAA

– 20 15

– 1260

M essrs. James Temoshenko and James C. Temoshenko

Owners Drone Guys

8421 Route 6 Kane, PA 16735

Dear M essrs. Temoshenko :

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 conditions and limitations of the exemption, including the date it ends.

By letter dated April 2, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Drone Guys ( 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

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3

.

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 in2

consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operat ion, 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 Certificates , 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 s imilar 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

− 2014

− 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 petitioner and carrying no passengers or crew, rather t han 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 interest.

Having reviewed your reasons for requesti ng 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 is granted an exemption 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 UAS 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 thi s grant of exemption, Drone Guys 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 Phantom 3 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 maximum 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 sp ecified 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 maintains 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 for 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 this 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 requ est. If a discrepancy exists between the conditions and limitations 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 operator 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 enforc ement official upon request. The operator must also present updated 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 operation 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.

Function al test flights may only be conducted by a PIC with a VO and must 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 respons ible 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 components, 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 bee n 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 airm an 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 certificate.

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 be5

operated under this exemption, including evasive and emergency maneuvers and maintaining 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 f or 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 may 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 distance 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 visua l 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 f or 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 exemptio n holder. The letter of agreement with the airport management must be made 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 o r 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 e vent of unpredicted obstacles or emergencies.

20. The PIC is prohibited from 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 fo r at least five minutes or with the reserve power recommended by the manufacturer 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

exempt ion 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 number, registered in acco rdance with 14 CFR part 47, and have identification6

(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 docu ments 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 enforcement official upon reque st.

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 that 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 nonparticipating 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 un due 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 property owner/control ler 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 vertical

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

contained 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 to 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. Nam e 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 ce rtificate 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 permission must be made avail able 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

e ssential 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 sp ecified 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.

This exemption terminates on August 31, 2017 , unless sooner supersede d or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresApril 2, 2015

United States Department of Transportation
Docket Management System
1200 New Jersey Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

I am writing pursuant to the FAA Modernization and Reform Act of 2012 ( the “Reform Act”)
and the procedures contained in 14 C.F.R. 11, to request that Drone Guys, owned and operated by

James Temoshenko and James C. Temoshenko and as own ers and operators of small unmanned aircraft be exempted from the Federal Aviation Regulations (“FARs”) listed below so that Drone Guys may operate its small unmanned aircraft/lightweight unmanned aircraft systems )”UAS”) commercially in
airspace regulated by the Federal Aviation Administration (“FAA”).

Primary uses will be low altitude aerial photography for use on websites, print pieces and video for

client use.

James and James C. Temoshenko have operated their current UAS on many occasions non

- commerci ally without incident. The UAS utilizes battery power, not combustible fuels. Flight time ranges between five and twenty minutes. The UAS has GPS functionality to hover in place as well as a return to home

function in case of loss of contact with the ra dio. It has an audible and visual warning system and will start to descend slowly if battery power reaches 25%. The failsafe software will disable the UAS from taking off and also limit the UAS system from operating within specific GPS preset no

- fly zone s.

Drone Guys exemption request would permit its operation of lightweight, unmanned (piloted by remote control) and comparatively inexpensive UASs in tightly controlled and limited airspace.
Currently, similar lightweight, remote controlled UASs are le gally operated by amateurs with no flight experience, safety plan or controls in place to prevent catastrophe. It is only logical to allow James
Temoshenko and James C. Temoshenko, experienced remote control pilots, to ope rate similar
lightweight UASs. T his will act to further safety protocols specific to lightweight UASs as Drone Guys research flight data and other information gained through permitted flight operation. Granting this request comports with the Secretary of Transportation’s (FAA Administra tor’s) responsibilities to not only integrate UASs into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems(UASs) in the national airspace system” under Section 333© of the
reform ACT. Further, D rone Guys will conduct its operations in compliance with the protocols described
herein or as otherwise established by the FAA.

For the reasons stated below, Drone Guys respectfully request the grant of an exemption
allowing it to operate lightweight, re mote controlled UASs.1. Contact Information:

James Temoshenko

James C. Temoshenko

8421 Route 6
Kane, PA 16735 Tel.: (814)778

- 6118

e

- mail: jetemo1@comcast.net

2. The S pecific Sections of Title 14 of the Code of Federal Regulations from Which We Request
Exemption is :

14CFR 21:

14 C.F.R. 45. 23 (b): 14 CFR 61m113 (a) & (b):
14 C.F.R. 91, et seq.: 14 CFR 407 (a) (1):

14 CFR 409 (a) (2): 14 CFR 417 (a) & (b). U.S Dep’t of Trans.

3. The Extent of Relief Drone Guys Seeks and the Reason It Seeks Such Relief:

Dr one G uys submits this application in accordance with the Reform Act, 112 P.L

. 95§§ 331

- 3 34, seeking relief from any currently applicable FARs operating in cinematic, research and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft sy stems into our

National airspace system as it is in the public’s interest to do so. Our lightweight UAS meets

the definition of “small unmanned aircraft” as defined in Section 331 and therefore the
integration of our lightweight UAS is expressly contemplated by the Reform Act. We would like to operate our lightweight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft.

The Reform Act guides the Secretary in determining the types of UASs that may operate Safely in our national airspace system. Considerations include:

• The weight, size, speed and overall capabilities of the UAS:

• Whether the UAS will be operated near airports or populated areas: and, • Whether the UAS will be operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for Drone Guys.

Our UAS utilizes four counter

- rotatin g propellers for extreme balance, control and stability. It weighs less than 5 pounds, including battery and all equipment. This small unmanned aircraft is
designed to primarily hover in place and operate at less than a 50 knot maximum speed. It is capa ble of vertical and horizontal operation but operate only within the line of sight of the remote control pilot. In
addition to the remote control pilot, w e use a spotter, such that, at minimum, two Drone Guys personnel govern the safe flight of the aircr aft at all times.

Utilizing battery power and not combustible fuels, flights generally last between five and twenty minutes. We do not operate the UAS with less than twenty five percent battery capacity. Safetysystems in place include a GPS mode that allows the UAS to hover in place or return to takeoff location if

communication with the radio control pilot is lost and then slowly descend the UAS at twenty five
percent battery capacity. We generally do not operate the UAS near airports or near populat ed areas. To date, we have only operated the UAS in a non

- commercial manner.

Our operation of this small unmanned aircraft will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size a nd weight of the UAS, combined with its operation in cordoned off and well

- controlled areas, this falls within Congress’s
contemplated safety zone when it promulgated the Reform Act and the corresponding directive to
integrate UASs into the national airspa ce system. Indeed, our UAS will not pose any threat to the
general public or national security.

The FAA has the authority to issue th e exemption sought by Drone Guys pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the “Act”).

4. How this R equest Will Benefit the Public As A Whole: Granting this exemption request furthers the public interest. Congress has already pronounced that it is in the public’s interest to integrate commercially flown UASs into the national airspace system

, hence the passing of the Reform Act. Drone Guys conduct research into safe UAS operations every time it flies its UAS. Flight data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols. Allowing us to log more flight time directly relates to our research and our ability to further enhance current safety measures. Furthermore, the public has an
interest in reducing the danger and emission associated with current aerial cinematic capture methods, namely, full size helicopters. Our UAS is battery powered and creates no emissions. If our UAS crashes there is no fuel to ignite and explode. The impact of our lightweight UAS is negligible when compared to a full size helicopter, notwithstand ing the statistically noteworthy safety record of full size helicopters used in motion picture capture. The public’s interest is furthered by minimizing ecological and crash
impacts by permitting photo and motion picture capture through our lightweight UA S.

Progression of the arts and sciences has been fundamental to our society since its inclusion in the United States Constitution. Congress mandated the integration of UASs into our national airspace
system, in part, to achieve progression in this notew orthy and inevitable field. Permitting Drone Guys to immediately fly within the United States furthers these goals. Whether it is the amalgam of scientific discoveries applicable to feature film making (including those drawing upon architecture, physics, engineering and cultural inclusiveness) to advancements in publicly usable technologies or advancements in equipment available to law enforcement personnel, first responders that does not cost millions of dollars, granting this exemption request substanti ally furthers the public’s interest in ways
known and currently unknown.

Granting this request will also allow small business owners and home owners to be able to afford high quality aerial images and video that they would otherwise have no access to due to several factors, cost being the biggest.

5. Reasons Why Drone Guys Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: This exemption will not adversely affect safety. Qui te the contrary, for the reasons stated previously, permitting Drone Guys to log more flight time in FAA controlled airspace will allow us to innovate and implement new and novel, as of yet undiscovered safety protocols. In addition, we submitthe followi ng representations of enhancements to current aerial photo and mo tion picture capture

techniques:

• Our UAS weighs less than 5 pounds complete with all mounted equipment and battery:

• We only operate our UAS below 400 feet:

• Our UAS only operates for 5

- 20 minutes per flight:

• We land our UAS when it reaches 25% battery power:

• Our remote control pilot operates the UAS by line of sight:

• Our remote control pilot has video backup should he somehow lose sight of the UAS:

• We staff each flight with a remote control pilot and spotter with communication systems

E nabling real time communication between them:

• Our UAS has GPS flight modes whereby it hovers, returns to takeoff position and then Slowly lands if c ommunication with the remote control pilot is lost or battery power

Is below 25%:

• We actively analyze electronic flight data and other sources of information to constantly
Update and enhance safety protocols:

• We conduct extensive briefing s prior to flight during which safety carries primary importance:

• We have procedures in place to abort flights in the event of safety breaches or potential

Danger.

Our safety protocols provide a level of safety at least equal to existing rules a nd in nearly every instance greater than existing rules. It is important to note that absent the integration of commercial UASs into our national airspace system, helicopters are the primary means of aerial motion picture capture. While the safety record of such helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS. The potential loss of life is diminished because UASs carry no people on board and Drone Guys only operates them in specific areas away from mass populations . There is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. The small size and extreme maneuverability of our UAS allows
our remote control pilot to avoid hazards. Given their small size and weight, even when close enough to capture amazing images, our UAS needs not be so close to the objects it is focused on. Accordingly, our UAS has operated and will continue to operate at and above current safety

levels.6. Summary:

A. 14 C.F.R. 21 and 14 C>F>R> 91: Airworthiness certificates and Manuals.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight

and en closed operational area of Drone Guys UAS permits exemption from Part 21 because Drone Guys UAS meets an equivalent level of safety pursuant to Section333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requi rement under both the Act (49 U.S.C. § 44701 (f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to
exempt UASs from the airworthiness certificate requirement in consideration of the weight, size speed,
maneuverability and pro ximity to areas such as airports and dense populations. Drone Guys UAS meets

or exceeds each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is
inapplicable.

14 C.F.R § 91.9(b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or
passengers, and given the size of the UASs, this Regulation is inapplicable. An equival ent level of safety will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued
exemptions to their regulation in Exemption Nos 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167,
10167A, 10602, 10700 and 32827.

14C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as Drone Guys utilizes electronic global positioning systems and internal gyroscopes to provide spatial coordination.

14 C.F.R. § 91.203 (a)) and (b) provides for the carrying of civi l aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at Drone Guys flight
operations center.

B. 14 C .F.R § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. Drone Guys UAS is, by definition, unmanned. It therefore does not have a cabin, cockpit
or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft. Regardless, Drone Guys will mark its UAS in the largest possible lettering by placing the word “ EXPERIM ENTAL” on its fuselage as required by 14 C.F.R. § 45.29(f) so that the pilot,
technician, spotter and others working with the UAS will see the markings. The FAA has previously
issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.11 3: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R.§§ 61.113 (a) & (b) private pilots are limited to non

- commercial operations. Drone Guys can achieve an equivalent level of safety as achieved by current regulations because Drone Gu ys UAS does not carry any pilots or passengers. Furthermore, while helpful, a pilot license will not ensure remote control piloting skills. The risks attendant to the operation of Drone Guys UAS is far less than the risk levels inherent in

the commercial activities outlined in 14 C.F.R.§ 61, et seq. Thus, allowing Drone Guys to operate its UASwith a private pilot as the pilot in control will exceed current safety levels in relation to 14 C.F.R. §

61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows
helicopters to be operated at lower altitudes in certain conditions. Drone Guys will never operate at an
altitude greate r than 400 AGL. Drone Guys will, however, operate its UAS in cordoned off areas with security perimeters, providing a level of safety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of Drone Guys UAS, an equivalent level of safety will be achieved.

E. 14 C.F.R. 91.405 (a) (2); 417 (a) & (b): Maintenance Inspections.
The above cited Regulations require, amongst other things, aircraft owners and operators to “have aircraft inspected as prescribed in subpart E of this part and shall between required inspection, except as provided in paragraph © of this section, have discrepancies repaired as prescribed in part 43 of this chapter....”

These Regulations only apply to aircraft with an airwor thiness certificate. Therefore, they will
not apply to Drone Guys should its requested exemption be granted. Drone Guys conducts as extensive maintenance program that involves regular software updates and curative measures for any damaged

hardware. Ther efore, an equivalent level of safety will be achieved.

F. Summary Drone Guys seeks an exemption from the following Regulations: 14 C.F.R. 21, subpa rt H; 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(b); 14 C.F.R.§ 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; C.F.R. § 91.151 (a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a) (1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a)(2);and 14 C.F.R.§§ 91. 417 (a) & (b) to commercially operate its lightweight unmanned aircraft
in motion picture or photography operations and to conduct its own research. Granting Drone Guys request for exemption will reduce current risk levels and thereby enhance safety. Cur rently motion picture image capture relies primarily on the use of larger aircraft running combustible fuel. Drone Guys aircraft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than
conventional motion picture aircra ft. Drone Guys operates at lower altitudes and in controlled airspace. Drone Guys has been analyzing flight data and other information in compiling novel safety protocols and the implementation of a flight operations manual that exceeds currently accepte d means and methods of safe flight. There are no people on board Drone Guys UAS and therefore the likelihood of death or serious bodily injury is significantly limited. Drone Guys operation of its UAS, weighing less than 5
pounds and travelling at speeds lower than 50 knots in cordoned off areas will provide at least an equivalent level of safety as that achieved under current FARs.

Accordingly, Drone Guys respectfully requests that the FAA grant its exemption request without
delay. The FAA has the auth ority to issue the exemption sought by Drone Guys pursuant to the Federal Aviation Act, 85 P.L. 726(1958), as amended (the “Act”).

In closing, Drone Guys would like to state that it would be very easy to ignore the FAA and
operate a UAS commercially witho ut applying for any consideration from them. We have seen and spoken with several people who are already doing so. We hope the simple fact that someone such asourselves who operate a very small business and will be operating a UAS on a very small scale is applying

for this exemption shows how serous we are about safety and doing things properly. Thank you for your

time and consideration.

Respectfully submitted,

James Temoshenko Owner/Operator

James C. Temoshenko Owner/Operator

8421 Route 6
Kane, PA 16735