August 24, 2015

Thomas R. Guilmette

2405 Franklin Crossing Rd

Franklin, MA 02038

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12­140

1200 New Jersey Ave., SE

Washington DC 20590

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

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203

(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11,

Thomas R. Guilmette, operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the

listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, 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.

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

operate in the following manner:

 Aerial photography and/or video for public and/or private use including real estate, architecture, land

surveying, engineering and other related professional activities.

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

cinematography and news gathering.

 Aerial inspection/photography of residential/commercial structures under contract with the owners or local

government authority.

 Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to

electrical power lines, wind turbines and cell towers.

 Aerial video/photography or providing live video feed to assist with search and rescue operations in cases

of an emergency or natural disaster only when the local authorities or government has requested it by

contract or donation.

As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in

the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the

already safe operations in the industry presently using conventional aircraft. 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.”

The name and address of the applicant is:

Thomas R. Guilmette, Owner/Chief Pilot

Ph: 617­701­3670

Email: tguilmette@gmail.com

Address: 2405 Franklin Crossing Rd, Franklin MA 02038

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)

Thomas R. Guilmette will operate the DJI Phantom 3 Professional with 4K gimbal stabilized camera, with a total

weight of approximately 1800g or approximately 3.5lb. The dimensions are 350mm x 350mm x 190mm. Under still air

the maximum speed is no more than 10m/s. The DJI Phantom 3 Professional has the ability to hover and move along

a vertical and horizontal plane simultaneously. The DJI Phantom 3 Professional has four motors, powered by a

4480mAh Lithium Polymer battery. There is a single propeller for each of the four motors. The DJI Phantom 3

Professional will be controlled with the Phantom remote controller with an operating frequency of 2.400GHz –

2.483GHz. The live video feed will have an operating frequency of 5.728GHz – 5.850GHz using DJI Lightbridge

Technology. The applicant will operate the UAS in line of sight within a closed off and predetermined area owned

and/operated by the property representative.

Given the small size of the UAS and the controlled environment provided the proposed operations will adhere to the

Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding

the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts,

including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public

interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance

the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations

under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

 The UAS will weigh less than 55 lbs.

 The UAS will have a maximum operating speed of no more than 50mph.

 Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).
 Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 20% battery

power reserve or 20 minutes of flight time whichever occurs first.

 Flights will be operated at an altitude of no more than 200 feet Above Ground Level (AGL) as set by

“blanket” Section 333 exemption.

 Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may include

but not limited to a Camera Operator.

 The UAS pilot will be a designated Pilot in Command (PIC)

 A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting of

all the days’ production activities.

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

 The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point

(ARP) of a tower controlled or uncontrolled airport.

 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a

tower controlled or uncontrolled airport the respective airports will be contacted advising them of the

estimated flight time, flight duration, elevation of flight and other pertinent information.

 The operator will file FAA Form 7711­1, or its equivalent, as modified in light of the requested exemption,

with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48

hours from planned operation.

 The operator will obtain verbal/written consent of all persons involved with the planned operation and

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

may be reduced to 30 feet based upon an equivalent level of safety determination, as required under the

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

 The PIC and VO will have been trained in operation of UAS and receive up­to­date information for the

particular UAS to be operated.

 The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

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

jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

 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.

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

emergencies.
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

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

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed,

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

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

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

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the

restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger,

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and

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

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

requirements. The FAA will have advance notice of all operations. These safety enhancements provide a

greater degree of safety to the public and property owners than conventional operations conducted with

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

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

speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability

to carry a substantial external load.

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

The regulation requires: When marks include only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light­sport category aircraft or experimental or provisionally certificated aircraft, the

operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less

than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light­sport," "experimental," or

"provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no

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

UAS, two­inch lettering will be impossible.

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

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

an aircraft that is carrying passengers or property for compensation or hire. Thomas R. Guilmette may achieve an

equivalent level of safety as achieved by current Regulations because the applicant’s UAS do not carry any pilots or

passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the

commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the

safe operation of the UAS.
14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be

no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will

exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior to

each flight an equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides: No person may operate a U.S.­registered civil aircraft ... (2) For which an Airplane or

Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current

approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on

the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an

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

control point where the pilot flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As

FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will

take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing

weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of

flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used

for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their

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

communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training

without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The

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

the size and speed of the aircraft.

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be

operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route

or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the

exemption requests authority to operate at altitudes up to 400 ft. AGL, or not more than 200 ft. above an elevated

platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein,

the UAS will never operate at higher than 400 ft. AGL with the exception that in circumstances where the UAS is used

to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200

feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter,

where buildings and people will not be exposed to operations without their pre­obtained consent.
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 permission of the property owner or local officials. Because of the

advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of

the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less

than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low­altitude

operations of the UAS will ensure separation between these UAS operations and the operations of conventional

aircraft that must comply with Section

91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter

that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.”

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed.

An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless

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

and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 minute reserve

requirement in 14 CFR §91.151, UAS flights would be limited to approximately 20 minutes in length. Given the

limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area,

a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

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

the UAS, in a tightly controlled area where only people and property owners or official representatives who have

signed waivers will be allowed, 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. Applicant believes that an

equivalent level of safety can be achieved by limiting flights to 20 minutes or 20% of battery power— whichever

happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from

anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An

appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section

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

to passengers or crew.
The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no

ability or place to carry certification and registration documents or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot

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

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in

subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the

aircraft in compliance with Part 43.

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

apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating

handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small

payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land

immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in

working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed.

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance

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

working order prior to initiating flight and perform required maintenance needed.

Additional Information

The applicant, Thomas R. Guilmette, has been in the television and documentary business for over 15 years as a

director of photography. He has worked in large budget live broadcast environments, travelled the world documenting

life and owns a quarter million dollars in television equipment. He was able to troubleshoot, used street­smart

common sense and solid judgment in high stress situations. Also the primary pilot, Thomas R. Guilmette, has an

in­depth understanding of the capabilities and safety concerns involved in using this technology as an asset to the

community and helping to tell a visual story. Satisfaction of criteria provided in Section 333 of the Reform Act of 2012

provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation

of the applicant’s UAS.

Sincerely,

Thomas R. Guilmette