Jean Smith 478 Higgins Lane Stevensville, Montana 59870 406-777-7088 Jeannie2411 @gmail.com

Date: November 12,2015

U.S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SEWashington, DC 20590
Petition ofJean Smith for Exemption Pursuant to Section 333 ofthe FAA Reform Act

Pursuantto Section 333 oftheFAAModernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11 Jean Smith, operator ofSmall Unmanned Aircraft Systems ("sUASs") equippedto conduct aerial photography and videography, News gathering, Aerial Surveying, training, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333.1

As described more fully below, the requested exemptionwould permitthe operation ofsmall, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, ifgranted, would allow Jean Smithto conduct commercial operations ofsmall unmanned aircraft systems ("UAS") meeting or exceeding all ofthe operational and safety requirements Congress has set forth in Section 333. Page 2. Jean Smith asks that ifany part ofthis request is deemed not in compliance, thatpartbe removed and process the remaining ofthis request as applicable.

Jean Smithis a media/technology company owned and runby Jean Smith. Jean Smithmajored in Photography. She started flying gliders at the age of 14 and went onto get her Private Pilot rating. She received Woman Pilot ofthe Year in Indiana, and is the only Mother/Daughterto have received the honor

Jean Smithplans to exploitthe capabilities ofUnmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying

- Event PhotographyNideography

- Agriculture purposes

- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring-News Gathering Statutory Authority Section 333, titled "Special Rules for CertainUnmanned Aircraft Systems", provides a mechanism for seeking expedited FAA authorization ofsafe civil UAS operations in the NAS. Section 333(a) states that the FAA "shall determine ifcertain unmanned aircraft systems may operate safely inthe national airspace system before completion ofthe (comprehensive) plan and rulemaking required by section 332(b)(l) ofthis Act or the guidance required by section 334 ofthis Act." InSection 3 32(b)(1 ), Cmigress made it clearthat Section 333 provides a mechanism for "expedited operation authorization" ifseveral factors are met. Petitioner meets all requirements to permit FAA approval ofcommercial UAS operations.
The PetitionerRequests Relieffrom the Following: Regulations from which the exemption is requested: 14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121Page 3 14 C.F.R. 91.151(a) 14 C.F.R 91.203 (a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401- 91.417)
Unmanned Aircraft System sUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impactwhichpromotes public safety.

We are petitioning for exemptionto enable Jean Smith to operate the DJI Phantom 2, DJI Phantom 3, 3DR Solo equipped with a three-axis camera gimbal and using a High-Defcamera. This sUAS has the failsafe function ofthe autopilot system which means when the communicationbetween the Main Controller andthe transmitter is disconnected, the outputs of all command sticks from controller will go to the center position. Ifthe GPS signal is good enough, the system will automatically trigger Returnto Home and will land safely.
Aircraft Gross weights are less than 164 oz. with battery and the 3 Axis Camera Gimbal and Camera

A Pre-flight inspection will beperformed by the PIC in accordance with the factory instruction manual. An added step will be the inspection ofthe propellers. A propeller will bereplaced ifit has any nicks and cracks with a manufacturers authorizedpropeller.The sUAS will be maintained in accordance with the manufacturer's instruction manual and only manufacturer's authorized replacement parts will be used.



### FCC Information This transmitters used for controllingthe sUAS complies withpart 15 ofthe FCC rules. Operation is subjectto the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. The radio transmitters used for controllingthe sUAS is wireless technology which has been tested and found to be compliantwiththe applicable regulations governing a radio transmitters in the 2.400GHz to 2.4835GHz frequency range. Antenna Separation Distance When operating our transmitters, the PIC will maintain a separation distance ofat least 5 embetween his body (excluding fingers, hands, wrists, ankles and feet) and the antennato meetRF exposure safety requirements as determined by FCC regulations.
Pilot in Command and Observer Qualifications and Duties The PIC will maintain at least a Sport Pilot Certificate and a current Class III medical certificate
or drivers license, plus at least 1hours flying time and 3 takeoffs and landings withinthe previous 90 days inthe type ofUAS utilized in operations. The PIC will have at least 20 hours total time and at least 10 hours flying Radio Controlled Model Aircraft ofwhichwill be 5 hours flying sUAS's. Training will be conducted at a local Controlled Access flying field. Jean Smithhas the ability to safely train new sUAS Pilots. The PIC instructor will be at all times be able assume control of the sUAS.
The PIC is responsible for the safe and efficient operation ofthe aircraft. Specific duties include all preflightpreparation, in flight operation, postflight requirements, all procedures including but notlimitedto: Safe in flight operations Risk Mitigation to Persons and property Airfield Suitability

The Observer must have the visual acuity to observe the sUA V and be able to communicate clearly with the PIC. The Observers duties are; warning the PIC ofany impending obstacles inthe flight path ofthe sUAS. warning the PIC ofany deviations inthe planned flight path ofthe sUAS. warning the PIC should any unauthorized personnel appear in the area ofthe planned flight. The Observerwill have the authority to orderthe PIC to terminate the flight shouldhe feel the flight cannotbe conducted safely.General Operating Standards

Jean Smith will only operate its sUAS in line ofsight ofa pilot and/or observer and will operate at sites that are a 'sufficient distance' from hazard areas. Such operations will insure thatthe
sUAS will "not create a hazardto users ofthe national airspace system orthe public."

• Before an operation ofa sUA V within 5NM ofan airport with a control tower, the control tower will be called to gainpermission to operate the sUAS. The PIC will give the position, altitude andthetimes the sUAS will be operated. The sUAS will not be operated at an altitude of
over400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

Before an operation ofa sUAS within 5NM ofa non-tower controlled, airport operators will be notified and the PIC will give the right ofwayto avoid flying inthe proximity offull-scale aircraft. Atno time will the sUAS be operated within the final approach course and the takeoff
course ofany runway. The sUAS will notbe operated at an altitude ofover 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 30 minutes.

• Flights will be terminated at 25% battery powerreserve shouldthat occur priorto the 30 minute limit.

• The sUA V will beprogrammed so that it will be operated at an altitude ofno more than 400 feetAGL.

• Minimum crew for each operation will consist ofthe sUAS Pilot, and Visual Observer.

I

• The sUA V operatedbythe petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals).

• The sUAV will operate at speeds ofno more than 40 knots, canhover, and can simultaneously
move vertically and horizontally.

• Given the small size ofthe sUAV and the restricted sterile environment within whichthey will operate, our sUAV operations adhere tothe Reform Act's safety requirements.

The UAS, poweredbybatteries, is smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance safety and diminishthe likelihood of death or serious bodily injury. With a small payload and maximum flight time ofonly 20 minutes, this is offers little orno riskto national security.

Lowlevel oblique photos and video from several angles are far more effectivethan ground based imagery for displaying the characteristics oflarge, complex properties with several buildings and large trees. The applicants inthe pasthave chartered 2-seat full-sized helicopters for thispurpose, which has proven more costly than many potential clients have been able to afford. The benefits ofreduced cost and improved quality ofpresentation from the UA will be valuable to andbenefit manybuyers and sellers ofreal property as well as mitigating risk by not carrying personnel for flight operations. (a) No flight will be made with a Gross weight exceeding 55 pounds;
(b) All operations must occurinFAA allowed Class ofairspace at no more than 400 ft AGL, at
an airspeed ofno more than 40 knots and no further than Visual line ofsight from the PIC;
(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation; (d) All required permits will be obtained from state and local government priorto operation;

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Jean Smithrequests anexemption from the following regulations as well as any additional regulations that may technically apply to the operation ofthe sUAs System:



### 14 CFRPart21, Airworthiness Certificates This part establishes the procedures for the issuance ofan airworthiness certificate. While the FAA continues to workto develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Inspire, DJI S900, DJI Phantom 2, DJI Phantom 3, 3DR Solo under either or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a)

### Research anddevelopment. Testing new aircraft design concepts, new aircraft equipment,
new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) 

### Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate canbe used for commercial purposes such as market surveys, sales demonstrations, and customer crewtraining, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons orproperty, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily ofcarbon fiber and plastic, we propose that the UAwill be at least as safe, ifnot safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate for this application, thenwe request an exemption of 14 CFRPart 21, Subpart H, and the requirement for an airworthiness certificate ingeneral, citing the equivalent level of safety outlined inthe previous paragraph.

### 14 CFR45.23 Display ofmarks; general and 45.29 Size ofmarks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may nothave a registration number assigned to itbythe FAA. We propose to achieve an equivalent level ofsafety by including the word "EXPERIMENTAL" in the placard
on the top ofthe aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others inthe vicinity ofthe aircraft while it is preparing for launch will be able to
see the designation. Additionally, we feel thatthe permanentplacard discussed in the previous paragraphwill provide the aircraft's registration information at the ground station. Finally, we will display atthe ground station a high contrast flag, sign orbannerthat contains the words "Unmanned Aircraft inUse" in letters 

### 3 inches high orgreater. Since the aircraft will operate within Line ofSight ofthe ground station, the banner should be visible to anyonethat observes the aircraft and chooses to investigate its point oforigin.



### 14 CFR61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no personthat holds a Private Pilot certificate may act as pilot in Command ofan aircraft for compensation orhire. Subparagraph 

### (b) allows a private pilot to act
as pilot in command ofan aircraft inconnection with any business or employment if: (1) The flight is only incidental to thatbusiness oremployment; and 

### (2) The aircraft does not carry passengers orproperty for compensation orhire. Ourproposed operations require that the PIC must hold at least a Sport Pilot Certificate with a Drivers License and since the aircraft cannot carry passengers orproperty, we feel we meet the intent of61.113 Subparagraph 

### (b) even though the intent ofthis application is to conduct a business.



### 14 CFR 91.7 Prohibits the Operation ofan aircraftwithout an airworthiness certificate. As
no such certificate will be applicable inthe form contemplated by the FARs, this Regulation is inapplicable.


### 14 CFR91.9 Civil aircraftflight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would notbe available tothe crew during flight operations. To obtain an equivalent level ofsafety and meetthe intent of91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.



### 14 CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Training will be conducted at
a local Limited Access flying field. Jean Smith has the ability to provide "Safe Dual Training". The PIC instructor will be at all times be able assume control ofthe sUAV.91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannotbe operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission ofthe sUAS would be photography or survey ofpersons, vessels, vehicles or structures itwould be necessary to operate closerthan 500 feet to the items listed. Operations will only be flown over property orpersons where permission has been obtained and careful pre-planned flight pathhas beenperformed. The aircraft will be operated at a low altitude allowing, ifa powerunit fails, an emergency landing without undue hazard to persons orproperty on the surface. Therefore we maintainthat due to the small size ofthe UAS, the hazard to persons, vehicles and structures is minimal comparedto manned aircraft, which should be considered in granting the exemption.
CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoffpointis transmitted viaradio from the sUAS on-board computerto the display screen held bythe PIC, providing a constantly updated AGL readout.

14 CFR91.151 Fuel requirements for flight in VFR conditions. The regulationprovides that no person may begin a flight in an airplane under day-vFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly after that for at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS is battery operated andthe maximum duration offlight from a single battery charge is 20 minutes with a 25% reserve. Since the aircraft will never fly more than line ofsight from the point ofintended landing, a full battery charge at launch will ensure that we meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation withthe word "energy".
14 CFR91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, withthe registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that itis legible to passengers or crew." At a maximum gross weight of6.1 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level ofsafety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAAwill be with the crew atthe ground control station and available for inspection upon request. Inorderto identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixedto the aircraft viaplacard containingthe following informationplus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR45.23.

14 CFR 91.205(a), (b), (c) Instrument and Equipment RequirementsThis regulation provides a minimum set ofinstruments and equipment required for day and night VFR flight. Dueto the small size ofthe sUAS itwould be impossible to carry many ofthese instruments. 91.205 (b) 4,5,6,7,8,13,14,16,17 are not applicable as the sUAS has no Reciprocating engines or seats. 91.205 (b) 2,3,9 are provided onthe hand held controller. 91.205(b) 1 is not applicable as the maximum available speed ofthe sUAS is less thanthe maximum required bythis exemption and 

### has no effect onperformance. 91.205 (b) 10 is not applicable as the landing gear position can be verified visually before landing. 91.205 (b) 15 Due to the size it would be impossible for the sUAS to carry any known ELT. 91.205 (c) Much ofthis equipment is too heavy to be carried bythe sUAS. We feel that visual contact with the sUAS and indications providedviathe controllerthat all critical information can be monitored.



### 14 CFR SubpartE (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in
an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorizedunder 43.7" after maintenance and inspection. Itis our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure thatthe aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours offlight. Maintenance performed bythe PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed bythe manufacturer ortheir designated repair facility. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety. 

### Safety and Benefits ofthe UAS Jean Smith will be using the UAS in a variety ofapplications that generally require expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer myriad benefits overthe use offull-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced agriculture, film and still photography,justto name a few. Replacing significantly largermanned aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater margin ofsafety for the pilots and crew. By granting Jean Smith'srequested exemptions, the FAA will help drive development ofsafe and successful commercial UAS operations and will advance the public knowledge base for such operations. Jean Smith is committed to promoting the UAS research efforts ofpolicymakers including the FAA, NASA, DOD and DARPAby sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. Thus, the FAAhas good cause to grant this Petition.


### Conclusion As pointed out inthis application, all the SUAs which our company would use, under authorization bythe US DOT-FAA, are small, light-weight devices operated within the line of sight ofthe Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have beennotified and have authorized each flight within a radius ofthis distance.All our SUAs have proven capability for controlled flight. They are devices offered for general sale onthe market around the world and have often been used as Model Aircraft inthe USA. We are certain thatthe studies conducted until nowby the FAA, about Section 332, Public Law 112-95, 2014, have alreadyprovided you with the assurances onthe airworthiness ofSUAs such as ours.
Forthe foregoing reasons, the exemptions requested herein should be granted Jean Smith should be permitted to conduct small UAS operations in accordance with its manuals and all other operating parameters deemed necessary and appropriate bythe FAA. The submission ofthis application and its contents is the best demonstration that indeed it is possible to pursue the authorizationprocess so that some SUAs may be used for legitimate commercial activities and underreasonably safe conditions. Ifany individual aspect ofthis request for exemption be unacceptable we ask that it be struck alone and the remainder ofthe exemption be allowed as requested. Signed

Jean Smith

Note: Jean Cassidy was mymaiden name, Smith is mymarried name. Both last names on Driver's License.

Attached: Pilot's license (undermaiden name) Marriage License Driver's License

## - 

# - -·---·----------- 1. UNITED STATES OF AMERICA. Oep01 !menI 

## or 1ronsporiOIIOO· FEDERAL AVIATION ADMINISTRATION i'Hrs cERTIFIEs IV.**v~!'N** 

### DIANNE**CA&,!)~DY** rHAT

. DATE OF BIRTH 

# .**~** I

. V.,

EYES I**·~;** 

### f 

# rx. HAS BEEN FOUND TO BE PROPERLY QUALIFIED TO EXERCISE THE**CPRIVi'i:EG~** 

### II. PRIVATE PILOT Ill. CERT. NO.' RATINGS AND LIMITATIONS

.**XII.~IRPLANE** 

### SINGLE ENGINE LANDII

XIII. 

# /J

VII.

# a,?$ vv**1~/J,;,vL** .

# IA~po .fr 

# Lon
1SIGNAi'URE OFcHOLDER

## ~X. 

# M.**·~I,{J,U.V?.Ut,1** 

## x.o'ATE 

## oF rssuE: 

### 11 _; 1.1 

### 3 

## ..? v111. • ADMINISTRATOR
AC FOkM 8060·7 (4-73)**Sur~RJEDES** r!lEVIOl., EDITION

...... 

## --
_. ., 

## -·

l.MN(;MLL**~Class:** 

### 0 12 Restr: 

## YES 11Endors: 

### NONE

4clliC t:

3 DOe: •Expir

# ~.....

# ··~,SMITH L

--- 

### 'JEAN CASSIDt- ·**~**

### 478 HIGGINS LANE STEVENSVILLE MT 59870 461ssu!d 

### 11105/2012



# J .J

## g()/~~~~'Y~~o~~~o~**/?7~ h~~~o~~m-~~o/f?7M&Y.**  

## GREETING:· YOU ARE HEREBY AUTHORIZED TO SOLEMNIZE THE

### f!IJ~**~** Jean Dianne Cassidy

### ~~k-~h~·~o~~~~o~~~

## ~~~~~~­**~~** .

## Cj)p'~~~~~.sedof~~.**e/~ Y~bfe--**  8th

### ~o/ March 49 94 

## J. 10:05**tY'~** _a_»'V.