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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 Pursuant to Section 333 of the FAA 

Reform Act 

To Whom It May Concern, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform 

Act") and 14 C.F.R. Part 11, Fly Guys, LLC. ("Petitioner") will provide aerial photography 

and aerial video services for real estate sales, development and marketing; construction 

documentation and for personal events such as weddings. 

Fly Guys, LLC. hereby applies for an exemption from Federal Aviation Regulations 

("FARs") identified below, to allow commercial operation of small unmanned aerial 

vehicles (i.e., small unmanned aircraft systems or "s-UAS"). 

This exemption is in accordance with protocols outlined in this petition for exemption, 

the s-UAS manufacturer's operations and/or instructions manual ("Aircraft 

Operations Manual"), and any other requirements established by the FAA pursuant to 

Section 333 of the Reform Act. 

Please refer to the link to the DJI Phantom 3 Professional User Manual for the 

performance limitations and flight operations. 

Phantom_3_Professional_User_Manual_v1.2_en.pdf

I. Petitioner's Description- Petitioner is affiliated with Fly Guys, LLC. 

In building upon years of experience in video and photography the Petitioner would like 

to add to their services, aerial video and photography. 

The Petitioner is well qualified to perform the proposed s-UAS operations. 

Having over 2 years' experience in flying s-UAS recreationally. 

II. Consistent with the requirements of 14 C.F.R. § 11.81(a), Petitioner provides the 

following information in support of its petition for exemption: 
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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 accelerate 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 Administrator") 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.3 

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

s-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: 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 airports and populated areas; and 

c. Operation of the s-UAS within visual line of sight of the operator. 

d. 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" (Emphasis added) 

e. In addition, the FAA Administrator has general authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator 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 prescribed pursuant to section 

44701(a)±(b) and sections 44702±44716). 

A party requesting an exemption must explain the reasons why the exemption: 

(1) would benefit the public as a whole, and; 

(2) would not adversely affect safety (or how it would provide a level of safety at least 

equal to the existing rules). See 14 C.F.R. § 11.81; FAA, Petition for Exemptions. 
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Ill. Qualification for Approval Under Section 333 of the Reform Act The proposed 

operations in this petition for exemption qualify for expedited approval under Section 

333 of the Reform Act. Each of the statutory criteria and other potentially relevant 

factors are satisfied. The proposed operations would permit the use of small and 

relatively inexpensive s-UAS under controlled conditions in airspace that is: 

(1) limited; 

(2) predetermined; 

(3) controlled as to access, and; 

(4) would provide an increased level of safety beyond that existing when fixed or rotor 

wing aircraft are used to accomplish the same purpose. Petitioner's s-UASs are 

rotorcraft, weighting 55 or fewer lbs. including payload. 

(5) They operate, under normal conditions, at a speed of no more than 27 knots and 

have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. 

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

(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 small 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 exemption, 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 operate, approval of the application 

presents no national security issue. 

Considering the clear direction in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended, the 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 s-UASs for the proposed operations, the grant of the requested 

exemptions is also in the public interest. Accordingly, 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 Petitioner's proposed s-UAS operations, 

below is a summary of operational limitations and conditions which will ensure an 
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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 flight 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 more 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 pilot 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 necessary PIC qualifications, that person 

can also be designated as PIC. 

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

9. A briefing will be conducted in regard to the planned 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 operation of s-UAS generally and will 

have received up-to-date information on the particular 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 relevant property holders will be obtained. 

13. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 

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. 
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15. The s-UAS will have the capability to abort a flight 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 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 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. 
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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 UAV, 

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 UAV marked on its fuselage as required by §45.29 (f) where the pilot, 

observer and others working with the UAV 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 10167A. 

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 UAS 

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 UAS are 

so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing operations of the UAS 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 for maintenance and 

use of safety check lists prior to each flight will insure an equivalent level of safety will 

be provided. 
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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. The FAA has issued the 

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

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. 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. UASs 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 UAS 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, 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 
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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. 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 

the movie industry. In addition, the low-altitude operations of the UAS will ensure 

separation between these small 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 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 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 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 UAS 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 UAS 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.
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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. 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 as referenced. 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. The 

operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the 

operator is the person most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety. 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules:14 C.F.R. 21, subpart H; 14 

C.F.R 45.23(b);14 C.F.R.61.113(a) & (b);91.7(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 

91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1);91.409 (a) (2); 91.409 

(a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or 

less) 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 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 
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result, are far safer than conventional operations conducted with turbine helicopters 

operating in close proximity to the ground and people. 

Privacy 

All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Filming will be of people 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 photography industry. 

Sincerely, 

Timothy J. Thrasher 

Fly Guys, LLC. 

.J. Thrasher