Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

May 13, 2015
U. S.Department ofTransportation Docket ManagementSystem 1200 New Jersey Ave., SE Washington, DC 20590



### Dear SirorMadam: Attached please find Drone Guys, LLC. ("Drone Guys'') request for an exemption from the listedFederal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Systems ("sUASs") for aerial photography and videography. This exemption request is exclusively for the use of the UAS manufactured by DJI Innovations, a Hong Kong based company. Also attached to this letter is the DJI Inspire 1 User Manual (hereinafter “Manual”), which outlines the operating requirements, limitations, and technical specifications for the DJI Inspire 1 system. Drone Guys has reviewed this Manual and has found it to be acceptable for sUAS aerial photography operations

. Thank you for your time and consideration, and please let me know if you have any questions.

Very truly yours,

William F. McDonough Attorney for Drone Guys, LLCDrone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

May 13, 2015
U. S.Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Exemption Request Section 333 ofthe 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) & (b). Dear Sir orMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 1 1, Drone Guys, LLC

. ("Drone Guys''), a professional photography firm, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems (''sUASs") for aerial photography and videography, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA asrequired by Section 333. As detailed in this document and the attached Manual, the requested exemption would permit the operation of 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 best practices safety protocols f ollowed by Drone Guys at each one of its aerial photography sites. 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) ofthe Reform Act. The name and address of the applicant is: Drone Guys, Inc. Matt Mishak PH: (216) 702

-8364 Email: mmishak@gmail.com Address: C/O Matt Mishak, 200 Harvard Avenue, Elyria, OH 44035
Regulations from which the exemption is requested: 14 C.F.R. Part21 14 C.F.R.45.23(b) 14C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a)(2) 14 C.F.R. 417 (a) & (b)
I.**STATUTORY AUTHORITY FOR EXEMPTIONS**  The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, 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) ofthis section or any sections 44702

-44716 ofthis title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §4471 l(a); 49 USC §44704; 14 CFR §91.203(a)(l). Section 333(b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary mustconsider:

• The sUAS's size, weight, speed, and operational capability;

• Whether the sUAS operates within the visual line of sight of the operator

• Whether the sUAS operates outside of highly populated areas and away from close proximity to airports Reform Act §333(a). If the Secretary determines that a sUAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe 2 operation ofsuch aircraft in the national airspace system."Id

. §333(c). Drone Guys' sUASs are multirotor vehicles, weighting 10 or fewer lbs

. including payload. They operate under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The sUASs will operate only in the pilot's visual line of sight at all times and will operate only within the controlled aerial photography area. 3. Such operations will insure that the sUASs will "not create a hazard to users ofthe national airspace system or the public." Reform Act Section 333 (b). Given the small size of the sUASs involved and the restricted and controlled environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately.Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

Also due to the small size ofthe UASs and the low altitudes and restricted areas in which our sUASs will operate, approval of the application presents no national security issue. Given the clea

r direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safetysurrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, Drone Guys respectfully requests that the FAA grant the requested exemption without delay.

II. PUBLIC INTEREST
The enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying passengers or crew and operated under the specific guidelines and procedure proposed by Petitioner give the FAA good cause to find that the UAS operations enabled by the instant Petition are in the public interest. Moreover, as the FAA has already recognized, “UAS provides an additional tool for the filmmaking industry, adding a greater degree of flexibility, which supplements the current capabilities offered by manned aircraft.” See Exemption No, 11062, Regulatory Docket No. FAA

-2014

-0352, at p. 22.

III. EQUIVALENT LEVEL OF SAFETY Drone Guys 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 protocols followed on aerial photography and videography operations conducted with helicopters and other conventional aircraft.

1"Commonly Used Statistics", Occupational Safety & Health Administration. Available at: https://www.osha.gov/oshstats/commonstats.htmlDrone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

Drone Guys, LLC will be bound by the following limitations when conducting its sUAS operations under an FAA issuedexemption: 1. The sUAS will be less than 10pounds. 2. Flights will be operated within visual line of sight of a pilot. 3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery reserve in real time, and will return to its ground station with at least 20% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL. 5. Crew for each operation will consist of the sUAS pilot who will keep the sUAS within his visual line of sight at all times. 6. The sUAS pilot will be trained in flight, operations, and safety procedures as detailed in the Manual. 7. The sUAS will only operate away from heavily populated areas and not in the immediate vicinity of airports. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each day's photography activities. 9. The area to be photographed will be inspected and cleared of persons prior to the commencement of sUAS operations. 10. Written and/or oral consent and/or notification will be given to the relevant property owners or applicable persons. 11. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmentalagencies. 12. If the sUAS loses communications or loses its GPS signal, it will have capability to return to a pre
-determined launch point. 13. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
IV. DESCRIPTION OF SPECIFICREGULATIONS 14CFR Part 21,Subpart H: Airworthiness Certificates 14C.F.R. §91.203(a)(l) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). GivenDrone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition



### the size and limited operating area associated with the aircraft to be utilized by the Drone Guys, 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 f rom the requirement f or an airworthiness certificate, upon considerationof the size, weight, speed, operational capability, and proximity to airports and populatedareas of the particular UAS. Our small UAS will be operated at low speed in a controlled environment

. Petitioner will ensure that no persons are allowed within 500 feet of the operating area except those consenting to be involved and necessaryfor the filming production, with the possibilityof reducing this distance to no less than 200 feet if it would not adversely affect safetyand the Administrator has approved it. Petitioner will not conduct UAS operations within 5 nautical miles of the geographic center of a non-towered airport unless the airport’s management is given prior notice and the operation is conducted in accordance with a Notice to Airmen (“NOTAM”), where applicable

. Petitioner’s UAS will remain clear and yield the right of wayto all manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and hang gliders.) 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 helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated hereunder is less than 10lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, and under the requirements and in compliance with local public safety requirements

. These safety enhancements, which already apply to civil aircraft, provide agreater 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 ability to carry an external load no greater than two lbs. **14 C.F.R.**  **45.23(b): Marking**  **of the**  **Aircraft** This regulation requires certain experimental, provisionally certificated aircraft, or lightsport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light

-sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station.Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

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 orpilot station on which the word "Experimental" can be placed. Given the size ofthe sUAS, 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 sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A. **14 CFR 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 ofcurrent operations by requiring the pilot operatingthe aircraft to have reviewed the operation manual for the specific aircraft and demonstrate necessary flight skills. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. The area of operation is controlled and restricted, and all flights are plannedand coordinated in advance

. The risks associated with the operation ofthe 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, 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 User Manual for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided. **14 CFR**  **91.9 (b)(2):**  **Civil aircraft**  **flight manual,**  **marking, and**  **placard requirements**  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, 9565B, 10167, 10167A, 10602, 32827, and 10700.Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

**14 C.F.R. 91.103: Preflight Action**  This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirementas the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in the User Manual. These actions will provide an equivalent level ofsafety.

**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 fullyfunctioning dual controls. By design, sUASs and remotely piloted aircraft 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 previously approved exemptions for aircraft without fully functional dual controls. 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, the ability to control the sUAS via radio signals from the controller, and by the size and speed of theaircraft. **14 C.F. R. 91.119: Minimum Safe Altitudes**  Section 91.119 establishes safe altitudes for operation ofcivil 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. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical take

-offand vertical landing, which will typically operate at altitudes of200 AGL, so an exemption may be needed to allow such operations. The 

### UAS will never operate at altitude higher than 400 AGL. The equivalent level of safety will be achieved given the size, weight, speed oftheUAS as well as the location where itis operated. No flight will be taken without the consent and/or the notification of

/to the property owner and/or onsite persons where required

. Because of the advance notice, 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 10lbs. proposed herein and carrying flammable fuel, any risk associated with our operations is far less than thosepresently presented with helicopters and other conventional aircraft operating at orbelow 500 AGL. In addition, the low

altitude operations of the sUAS will ensure separation between these sUAS operations and the operations ofconventional aircraft that must comply with Section91.119.

**14 C.F.R. 91.121: Altimeter Settings**  This regulation requires eachperson operating an aircraft to maintain cruising altitudeby 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 aDrone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

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 User Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.

**14 CFR**  **91.151** (a): **Fuel requirements for**  **flight in**  **VFR conditions**  Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS is limited to operations in controlled environments, and has a limited range and flight time which require an exemption from 14 CFR91.151(a). The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights wouldbe limited to approximately 5 minutes in length. Given the limitations on the UAS' sproposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight is reasonable. Drone Guys believes that an exemption from 14 CFR §91.15l(a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance withFAR 91.151 (a)). Operating the smallUAS, in atightly controlled area where prior consent/notification has been received/given, with less than 30 minutes ofreserve fuel, does not engender the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 5 minuteswould greatly reduce the utility forwhich the exemption will be granted. An equivalent level ofsafety can be achieved by limiting flights to 30 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and the pilot), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operatingarea. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. **14 CFR**  **91.203 (a)**  **& (b):**  **Carrying civil**  **aircraft certification**  **and registration**  The regulation provides inpart: (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. . .

.Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

(b) No person may operate acivil aircraftunless 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 than10lbs

. and is operated without an onboard pilot. Therefore there is no ability or place to carry certification andregistration documents or to display them on the sUAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground flight 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 ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **14 CFR 91.405** (a); **407 (a)(l); 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 requiredinspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 ofthis chapter...," and others shall inspect ormaintain 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 Drone Guys

. Maintenance will be accomplished bythe operator pursuant to the Manual

. An equivalent level ofsafety 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 User Manual, the operator will ensure that the UAS is in working order prior to initiating flight, performrequired maintenance, and keep a log ofany 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 ofsafety.

******* Pursuant to 14C.F.R. Part 11,the following summary is provided forpublication in the Federal Register, should it be determined that publication isneeded: 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) in aerial photography

. Approval of exemptions allowing commercial operations ofsUASs in the aerial photography industry enhances safety while reducing risk. Aerial photography creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 10 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 will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.Drone Guys, LLC Elyria, Ohio

– Section 333 Exemption Petition

The operation of small UASs, weighting less than 10 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting thegrant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweightaircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far saferthan conventional operations conducted with turbine helicopters operating in close proximity to the ground andpeople. **Privacy** All flights will occur over controlled property with the appropriate party’s consent and/or knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.



## ******* Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012

--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 ofthe requested exemptions allowing commercial operation of applicant's UASs in construction industry pursuant to the Manual appended hereto. Very truly yours,
William F. McDonough Counsel for Drone Guys, LLC