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August 31, 2015

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

RE: Petition of Fly Guys, LLC. for Exemption Pursua nt to Section 333 of the FAA

Reform Act

To Whom It May Concern,

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Fly Guys, LLC. ("Petit ioner") will provide aerial photography and aerial video services for real estate sales, de velopment and marketing; construction documentation and for personal events such as weddi ngs.

Fly Guys, LLC. hereby applies for an exemption from Federal Aviation Regulations ("FARs") identified below, to allow commercial oper ation of small unmanned aerial vehicles (i.e., small unmanned aircraft systems or "s-UAS").

This exemption is in accordance with protocols outl ined in this petition for exemption, the s-UAS manufacturer's operations and/or instruct ions manual ("Aircraft Operations Manual"), and any other requirements est ablished by the FAA pursuant to

Section 333 of the Reform Act.

Please refer to the link to the DJI Phantom 3 Profe ssional User Manual for the performance limitations and flight operations.

Phantom_3_Professional_User_Manual_v1.2_en.pdf

I. Petitioner's Description- Petitioner is affiliat ed with Fly Guys, LLC. In building upon years of experience in video and p hotography the Petitioner would like to add to their services, aerial video and photogra phy. The Petitioner is well qualified to perform the pro posed s-UAS operations. Having over 2 years' experience in flying s-UAS rec reationally.

II. Consistent with the requirements of 14 C.F.R. § 11.81(a), Petitioner provides the following information in support of its petition fo r exemption:2

Ill. The name and address of the Petitioner is:

Fly Guys, LLC. Timothy J. Thrasher

P.O. Box 24 Aldie, VA 20105

703.932.4189 flyguysaerial@gmail.com

IV. Relevant Statutory Authority This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c ) of the Reform Act. In the Reform Act, Congress directed the FAA "to safely accelerat e the integration of civil unmanned aircraft systems into the national airspace system" and, under Section 333 of that law, directed the Secretary of Transportation ("FAA Admi nistrator") to consider whether certain unmanned aircraft systems may operate safel y in the National Airspace System ("NAS") before completion of the rulemaking require d under Section 332 of the Reform

Act.3

V. In making this determination, the Secretary is r equired to determine which types of

s-UASs do not create a hazard to users of the NAS o r the public or pose a threat to national security in light of the following: Reform Act § 333(a).

a. The s-UAS's size, weight, speed, and operational capability; b. Operation of the s-UAS in close proximity to air ports and populated areas; and c. Operation of the s-UAS within visual line of sig ht of the operator. d. If the Secretary determines that such vehicles " may operate safely in the National Airspace System, the Secretary shall establish requ irements for the safe operation of such aircraft in the National Airspace System" (Emp hasis added) e. In addition, the FAA Administrator has general a uthority to grant exemptions from its safety regulations and minimum standards when the A dministrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from a requirement of regulations prescr ibed pursuant to section 44701(a)±(b) and sections 44702±44716).

A party requesting an exemption must explain the re asons why the exemption: (1) would benefit the public as a whole, and; (2) would not adversely affect safety (or how it wo uld provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81; FAA, Petition for Exemptions.3

Ill. Qualification for Approval Under Section 333 o f the Reform Act The proposed operations in this petition for exemption qualify f or expedited approval under Section 333 of the Reform Act. Each of the statutory criter ia and other potentially relevant factors are satisfied. The proposed operations woul d permit the use of small and relatively inexpensive s-UAS under controlled condi tions in airspace that is:

(1) limited;

(2) predetermined;

(3) controlled as to access, and;

(4) would provide an increased level of safety beyo nd that existing when fixed or rotor wing aircraft are used to accomplish the same purpo se. Petitioner's s-UASs are rotorcraft, weighting 55 or fewer lbs. including pa yload.

(5) They operate, under normal conditions, at a spe ed of no more than 27 knots and have the capability to hover, and move in the verti cal and horizontal plane simultaneously.

(6)Petitioner's s s-UASs will operate in line-of-si ght

(7)Such operations will insure that the s-UAS will not create a hazard to users of the National Airspace System or the public. Given the s mall size of the s-UASs involved

and the restricted sterile environment within which they will operate, this petition for exemption falls squarely within that zone of safety i.e., an equivalent level of safety, in which Congress envisioned that the FAA must, by exe mption, allow commercial operations of s-UASs to commence immediately. Also, due to the size of the s-UASs

and the restricted areas in which the s-UASs will o perate, approval of the application presents no national security issue.

Considering the clear direction in Section 333 of t he Reform Act, the authority contained in the Federal Aviation Act, as amended, the equiva lent level of safety surrounding the proposed operations, and the significant public ben efit, including enhanced safety, reduction in environmental impacts, including reduc ed emissions associated with allowing s-UASs for the proposed operations, the gr ant of the requested exemptions is also in the public interest. Accordin gly, Petitioner respectfully requests that the FAA grant the requested exemption without delay.

IV. Description of Proposed Operations To assist the FAA in its safety assessment of Petit ioner's proposed s-UAS operations, below is a summary of operational limitations and c onditions which will ensure an4

equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The s-UAS will weigh less than 55 lbs.

2. Flights will be operated within line-of-sight of a pilot and/or observer.

3. Maximum total flight time for each operational f light will be 25 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 25 minute limit.

4. Flights will be operated at an altitude of no mo re than 400 feet above ground level ("AGL").

5. Minimum crew for each operation will consist of the s-UAS Pilot.

6. The s-UAS pilot will be a well qualified drone p ilot with the appropriate practice and certification required by the FAA.

7. The s-UAS pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the s-UAS Pilot is present and possesses the necess ary PIC qualifications, that person can also be designated as PIC.

8. The s-UAS will only operate within a predetermin ed "Safe Area"

9. A briefing will be conducted in regard to the pl anned s-UAS operations prior to each day's activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

10. Pilot and Observer will have been trained in op eration of s-UAS generally and will have received up-to-date information on the particu lar s-UAS to be operated.

11. Pilot will at all times be able to communicate by voice.

12. Written and/or oral permission from the relevan t property holders will be obtained.

13. All required permissions and permits will be ob tained from territorial, state, county or city jurisdictions, including local law enforcement , fire, or other appropriate governmental agencies.

14. If the s-UAS loses communications or loses its GPS signal, the s-UAS is equipped with advanced safety features that will allow the s -UAS to automatically return to a predetermined location.5

15. The s-UAS will have the capability to abort a f light in case of unpredicted obstacles or emergencies.

VI. Regulations From Which 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 14 CFR 91.151 (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)

14 C.F.R. Part 21, Subpart H: Airworthiness Certifi cates 14 C.F.R. 91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, est ablishes the procedural requirements

for the issuance of airworthiness certificates as r equired 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 meet s the requirements of an equivalent level of safety under Part 11 and Sectio n 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, operation al capability, and proximity to airports and populated areas of the particular UAS. In all c ases, an analysis of these criteria demonstrates that the UAS operated without an airwo rthiness certificate, in the restricted environment and under the conditions pro posed 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 lb s. 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 o ut in the Manual. Unlike other civil aircraft, operations under this exemption will be t ightly 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, t o 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 al ready apply to civil aircraft operated in connection with motion picture and tele vision production, provide a greater degree of safety to the public and property owners than conventional operations

conducted with airworthiness certificates issued un der 14 C.F.R. Part 21, Subpart H.6

Lastly, application of these same criteria demonstr ates 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 cat egory aircraft or experimental or provisionally certificated aircraft, the operator m ust also display on that aircraft near each entrance to the cabin, cockpit, or pilot stati on, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "rest ricted," "light-sport," "experimental," or "provisional," as applicable. Even though the UAS w ill 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 UAV, two-inch lettering will be impossible. The word “Ex perimental” will be placed on the fuselage in compliance with §45.29 (f). The equival ent level of safety will be provided by having the UAV marked on its fuselage as required b y §45.29 (f) where the pilot, observer and others working with the UAV will see t he identification of the UAS as “Experimental.” The FAA has issued the following ex emptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. 61.113 (a) & (b): Private Pilot Privilege s and Limitations: Pilot in

Command. Sections 61.113 (a) & (b) limit private pilots to n on-commercial operations

. Because the UAS will not carry a pilot or passengers, the propo sed 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 com mercial pilot’s license to operate this

small UAS. Unlike a conventional aircraft that carr ies the pilot and passengers, the UAS is remotely controlled with no living thing on boar d. The area of operation is controlled and restricted, and all flights are planned and coo rdinated in advance as set forth in the Manual. The level of safety provided by the require ments included in the Manual exceeds that provided by a single individual holdin g a commercial pilot’s certificate operating a conventional aircraft. The risks associ ated with the operation of the UAS are

so diminished from the level of risk associated wit h commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested with a private pilot as the PIC exceeds t he 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 airworthin ess 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 t he requirements for maintenance and use of safety check lists prior to each flight will insure an equivalent level of safety will be provided.7

14 C.F.R. 91.9 (b) (2): Civil Aircraft Flight Manua l in the Aircraft. Section 91.9 (b) (2) provides: No person may operat e a U.S.-registered civil aircraft. (2) For which an Airplane or Rotorcraft Flight Manu al 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 the re 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 man ual at the ground control point where the pilot flying the UAS 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, an d 10700.

14 C.F.R. 91.103: Preflight action This regulation requires each pilot in command to t ake certain actions before flight to insure the safety of flight. As FAA approved rotorc raft flight manuals will not be provided for the aircraft an exemption will be needed. An eq uivalent level of safety will be provided. The PIC will take all actions including r eviewing weather, flight battery requirements, landing and takeoff distances and air craft 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 instruc tion unless that aircraft has fully functioning dual controls. UASs and remotely pilote d 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 ful ly functional dual controls for a number of aircraft and for flight instruction in experimen tal aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by t he fact that neither a pilot nor passengers will be carried in the aircraft and by t he size and speed of the aircraft.

14 C.F.R. 91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for opera tion 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 a ny 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 altitude s up to 400 AGL, or not more than 200 above an elevated platform from which filming i s planned, an exemption may be needed to allow such operations. As set forth herei n, 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 e xposed to operations without their8

pre-obtained consent. The equivalent level of safet y will be achieved given the size, weight, speed of the UAS as well as the location wh ere 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 participan ts in the filming activity, all affected individuals will be aware of the planned flight ope rations. 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 aircraf t operating at or below 500 AGL in the movie industry. In addition, the low-altitude o perations of the UAS will ensure separation between these small UAS operations and t he 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 a ircraft 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 depa rture.” As the UAS may not have a barometric altimeter, but instead a GPS altitude re ad out, an exemption may be needed. An equivalent level of safety will be achieved by t he operator, pursuant to the Manual and Safety Check list, confirming the altitude of t he launch site shown on the GPS altitude indicator before flight.

14 C.F.R. 91.151(a): Fuel Requirements for Flight i n VFR Conditions Section 91.151 (a) prohibits an individual from beg inning “a flight in an airplane under VFR conditions unless (considering wind and forecas t weather conditions) there is enough fuel to fly to the first point of intended l anding, and, assuming normal cruising speed – (1) During the day, to fly after that for a t least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." The battery po wering the UAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximat ely 10 minutes in length. Given the limitations on the UAS’s proposed flight area and t he location of its proposed operations within a predetermined area, a longer time frame fo r flight in daylight or night VFR conditions is reasonable. Applicant believes that a n 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 wi th 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 all owed, with less than 30 minutes of reserve fuel, does not engender the type of risks t hat Section 91.151(a) was intended to alleviate given the size and speed of the small UAS . Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for whi ch the exemption will be granted. Applicant believes that an equivalent level of safe ty can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happen s first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have bee n granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.9

14 C.F.R. 91.203 (a) and (b): Carrying Civil Aircra ft Certification and Registration The regulation provides in pertinent part:(a) Excep t as provided in § 91.715, no person may operate a civil aircraft unless it has within i t the following:(1) An appropriate and current airworthiness certificate. (b) No person ma y 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 disp lay them on the UAS. An equivalent level of safety will be achieved by keeping these d ocuments 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. The FAA has issued numer ous exemptions to this regulation. A representative sample of other exceptions include s 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 a nd 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 othe rs shall inspect or maintain the aircraft in compliance with Part 43. Given that these sectio n and Part 43 apply only to aircraft with an airworthiness certificate, these sections w ill not apply to the applicant. Maintenance will be accomplished by the operator pu rsuant to the flight manual and operating handbook as referenced. An equivalent le vel of safety will be achieved because these small UASs are very limited in size a nd will carry a small payload and operate only in restricted areas for limited period s 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 ord er prior to initiating flight, perform required maintenance, and keep a log of any mainten ance performed. Moreover, the operator is the person most familiar with the aircr aft and best suited to maintain the aircraft in an airworthy condition to provide the e quivalent level of safety.

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

Applicant seeks an exemption from the following rul es: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 commerciall y a small unmanned vehicle (55lbs or less) for aerial photography and video photography operations.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivale nt level of safety supporting the grant of the exemptions requested herein, including exemp ting the applicant from the requirements of Part 21 and allowing commercial ope rations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a10

result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and peop le.

Privacy All flights will occur over private or controlled a ccess property with the property owner’s prior consent and knowledge. Filming will be of peo ple 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 33 3 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 exempt ions allowing commercial operation of applicant’s UAS in the photography industry.

Sincerely,

Timothy J. Thrasher Fly Guys, LLC.