September 25, 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) & 

### .{Q1 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 11, Asmus Aviation, Inc, operator
of Small Unmanned Aircraft Systems ("sUAS") equipped

to conduct aerial photography
for industrial, real estate, agriculture applications, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs")
to allow commercial operation

of its sUAS, 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 described more fully below, the requested exemption would permit the operation

of small, unmanned and relatively inexpensive sUAS under controlled conditions

in airspace that is 1) Limited 2) Predetermined 3) Controlled
as to access, and 4) Would provide safety enhancements

to the already safe operations

in the real estate 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." Section 333(c) of the Reform Act. The name and address
of the applicant

is: Asmus Aviation, Inc Sean Thomas Asmus 9287
E Rockwood
Dr Scottsdale, AZ 85255 Ph.: 602-904-2756 Email:sean.asmus@gmail.comRegulations from which the exemption

is requested: 14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) 

### & (b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14CFR91.151

(a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) This exemption application

is expressly submitted

to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary

of Transportation

to consider whether certain unmanned aircraft systems may operate safely
in the national airspace system (NAS) before completion

of the rulemaking required under Section 332 of the Reform Act. In making this determination,
the Secretary

is required
to determine which types of UASs do not create

a hazard to users of the NAS or the public or pose
a threat to national security

in light of the following: • The UAS's size, weight, speed, and operational capability; • Operation

of the UAS in close proximity

to airports and populated areas; and • Operation

of the UAS within visual line of sight of the operator. Reform Act § 333 (a). Lastly,

if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements
for the safe operation
of such aircraft

in the national airspace system."
!d. §333(c) (emphasis added)

2 • The Federal Aviation Act expressly grants the FAA the authority
to issue exemptions. This statutory authority
by its terms includes exempting civil aircraft, as the term
is defined under §401 01 of the Act, that includes sUAS, 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 §44711 (a); 49 USC §44704; 14 CFR §91.203 (a) (1). 2 Applicant interprets this provision

to place the duty on the Administrator

to not only process applications
for exemptions under section 333, but for the Administrator

to craft conditions for the safe operation
of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements
for approval.Aircraft Asmus Aviation will operate

a DJI Phantom

3 Professional quad copter weighing
55 or fewer lbs. including payload.

It is 590mm

in width with
a weight of 1280g.

It has four electric motors powered
by a 6 cell 4,800 mAh Lithium Polymer battery and operates, under normal conditions at a speed of no more than 50 knots and has the capability

to hover, and move
in the vertical and horizontal plane simultaneously.

It will operate only in line of sight. Such operations will insure that the sUAS will "not create

a hazard
to users of the national airspace system or the public." The DJI Phantom has a program
to limit height,

it will be set at 200ft AGL. Controller The DJI Phantom

3 will be operated
by the included remote controller with an operating frequency

of 2.400GHz-2.483GHz.

The live video feed operates 2.4GHz ISM. Given the small size of the sUAS involved and the restricted sterile environment within which

it will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations

of UASs to commence immediately. Also due to the size of the UASs and the restricted areas
in which the relevant sUAS will operate, approval
of the application presents
no national security issue. Given the clear 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 safety, reduction

in environmental impacts, including reduced emissions associated with allowing UASs for real estate photography and videography operations, the grant of the requested exemptions

is in the public interest. Accordingly,
the applicant respectfully requests that the FAA grant the requested exemption without delay. Aircraft and Equivalent Level of Safety The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics
and that operate with 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 proposed operations represent

a safety enhancement

to the already safe Commercial/Real Estate filming operations conducted with conventional aircraft. These limitations and conditions

to which Sean Asmus agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. The sUAS will weigh less than 55 lbs. 2. The aircraft will have
a maximum operating speed of no more than 50mph. 3. Flights will be operated within line of sight of a pilot and/or observer. 4. Maximum total flight time for each operational flight will be 30-40 minutes. Flights will be terminated

at 25% battery power reserve should that occur prior to the 30-40 minute limit.5.Flightswillbeoperatedatanaltitudeofnomorethan400feetAGLandremaininlineofsight(LOS).6.MinimumcrewforeachoperationwillconsistofthesUASPilot,andtheVisualObserver.7.sUASpilot(SeanAsmus)isanFAAlicensedairmanwithaprivatepilot'scertificateandthirdclassmedical.8.sUASpilotwillbePilotinCommand(PIC).IfapilotcertificateholderotherthanthesUASPilot,whopossessthenecessaryPICqualifications,isalsopresentonset(i.e.theAerialCoordinator),thatpersoncanalsobedesignatedasPIC.9.AbriefingwillbeconductedinregardtotheplannedsUASoperationspriortoeachday'sproductionactivities.Itwillbemandatorythatallpersonnelwhowillbeperformingdutieswithintheboundariesofthesafetyperimeterbepresentforthisbriefing.10.Theflightswilloccurnocloserthana5mileradiusofthegeographiccenter/airportreferencepoint(ARP)ofatowercontrolledoruncontrolledairport.11.Ifoperationswillbewithina5mileradiusofthegeographiccenter/airportreferencepoint(ARP)ofatowercontrolledoruncontrolledairport,therespectiveairportwillbecontactedadvisingthemoftheestimatedflighttime,flightduration,elevationofflightandotherpertinentinformation.12.PilotandobserverwillhavebeentrainedinoperationofUASgenerallyandreceivedupto-dateinformationontheparticularUAStobeoperatedasrequired.13.TheObserverandpilotwillatalltimesbeabletocommunicatebyvoiceand/ortext.14.Writtenand/ororalpermissionfromtherelevantpropertyholderswillbeobtained.15.Allrequiredpermissionsandpermitswillbeobtainedfromterritorial,state,countyorcityjurisdictions,includinglocallawenforcement,fire,orotherappropriategovernmentalagencies.16.IfthesUASlosescommunicationsorlosesitsGPSsignal,theUASwillhavecapabilitytoreturntoapre-determinedlocationwithintheSecurityPerimeterandland.17.ThesUASwillhavethecapabilitytoabortaflightincaseofunpredictedobstaclesoremergencies.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 sUAS 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 area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored
by both the operator, pursuant

to the Manual's requirements, and under the requirements and in compliance with local public safety requirements,

to provide security for the area of operation
as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated

in connection with motion picture and television production, 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 light-sport 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," "light-sport," "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 sUAV, 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 sUAV marked on its fuselage
as required by §45.29
(f) where the pilot, observer and others working with the sUAV will see the identification

of the UAS as "Experimental."
The FAA has issued the following exemptions

to this regulation

to Exemptions Nos. 10700, 8738, 10167 and 10167 A.14 C.F.R.

§ 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 pilot or passengers,
the proposed operations

can achieve the equivalent level of safety of current operations
by requiring the PIC operating the aircraft to have
a private pilot's license rather than
a commercial pilot's license
to operate this small UAS. Unlike

a conventional aircraft that carries the pilot and passengers, the sUAS
is remotely controlled with no living thing on board. The area of operation

is controlled and restricted, and all flights are planned and coordinated

in advance
as set forth in the Manual. The level of safety provided
by the requirements included

in the Manual exceeds that provided
by a single individual holding

a commercial pilot's certificate operating

a conventional aircraft. 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 with
a private pilot as the PIC 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 Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections

J, Land 

### Q, 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 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, 95658, 10167, 10167A, 10602, 32827, and 10700. 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. An equivalent level of safety will be provided
as set forth in Sections 

### J and K of the Manual. The PIC will take all actions including 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. sUAS 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. 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 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 sUAS that is a helicopter and the exemption requests authority
to operate
at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming

is planned, an exemption may be needed
to allow such operations.
As set forth herein, except for the limited conditions stated
in the Manual, the UAS will never operate
at higher than 400 AGL. It will however be operated

in a restricted area with security perimeter, where buildings and people will not be exposed
to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, 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. Compared

to flight operations with aircraft or rotorcraft weighing far more than the maximum 551bs. 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 the filming/photography industry.

In addition, thelowaltitude operations

of the sUAS will ensure separation between these smaii-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
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 Manual and Safety Check list, 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 sUAS provides approximately

40 minutes
of powered flight. To meet the 30 minute reserve requirement

in 14 CFR §91.151, sUAS flights would be limited to approximately

10 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 night VFR conditions

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

### See Exemption 10673 (allowing Lockheed Martin Corporation

to operate without compliance with FAR 91.151 (a)). Operating the small 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. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved
by limiting flights to 30 minutes
or 25% of battery power whichever happens first. This restriction would be more than adequate

to return the 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 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 sUAS. An equivalent level of safety will be achieved
by keeping these documents

at the ground 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 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 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 mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided

in the 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: Summary 

# Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart
H; 14 C.F.R45.23(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 (551bs or less) in motion picture and television operations. Approval
of exemptions allowing commercial operations

of sUAS for the requested purposes will enhance safety by reducing risk. Conventional filming/photography operations, using jet or piston power aircraft, operate
at extremely low altitudes just feet from the subjects being filmed and in extreme proximity

to people and structures; and present the risks associated with vehicles that weigh
in the neighborhood

of 4,0001bs., carrying large amounts
of jet A or other fuel. Such aircraft must fly to and from the film location.

In contrast,

a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually
all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS
is carried to the film set and not flown. The sUAS will carry no passengers

or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation
of small UASs, weighting less than 55 lbs., conducted

in the strict conditions outlined above, will provide 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 sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating

in close proximity
to the ground and people. All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Filming will be of vacant land or commercial/residential

real estate projects who have also consented

to being filmed or otherwise have agreed to be in the area where filming will take place. Satisfaction

of the criteria provided

in Section 333 of the Reform Act of 2012--size, weight, speed, operating capabilities, proximity
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 UAS in the motion picture and television industry pursuant
to the Manual appended hereto. Sincer smus Asmus Aviation, Inc