April 21, 2015U.S. Dept. ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 NewJersey Avenue, SE., Washington, DC 20590 Submitted Electronicallyvia the Federal Docket Management System (FDMS) Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Sir or Madam: On Behalfof R.A. Smith National, Inc. and Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 C.F.R. Part 11, IJon Chapman Survey Project Managerat R.A. Smith National, Inc., request an exemptionfrom Part 21 Subpart H; and Sections 91.203 (a) {1), 45.23 (b), 91.7 (a), 91.9, 61.113, 61.133, 91.109, 91.119, 91.121, 91.151, and (91.401- 91.417) Subpart E, ofTitle 14, Code of Federal Regulations (14 CFR). This proposed exemptionwould allow forthe operation ofour unmanned aircraft (UA) the DJI Phantom 2 and the3DR X8+ (Multi-Rotors) forthe purpose ofaerial image acquisition. This exemption cites similaritywith relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, 11213, and 11138 The DJI Phantom 2 and 3DR X8+ are comprised ofthe Unmanned Aircraft (UA) and ground station-based equipment and crew: THE UNMANNED AIRCRAFT (UA's): • DJI Phantom 2, and the 3DR X8+ are lightweight (under31b. gross weight), batteryoperated Multi-Rotorsthattakes offand land vertically.

THE UA's INCLUDES:
• An on-board flight computer with GPS navigation and location ability that receives signals for flight controls from aground-based transmitter/controller; • A Gimbal with a GoPro camera capable of capturing imagery in the form of full color, high definition still photos and video • An on-board telemetrysystem that delivers flight data from the on-board flight computerto the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction offlight and direction back to its launch site • A 5.8GHz on-board radio transmitterthattransmits live video from the on-board camera plus all theflight data from thetelemetry system described above
THE GROUND STATION PART OF THE SYSTEM:
• A Pilot in Command (PIC) who will be in operational control of the mission from beginning to end, and whocontrols the UA while in the air R.A. Smith National, Inc. SECTION 333 EXEMPTION REQUEST Page 

### 1of4• A Visual Observer (VO), a person who provides asecond pairofeyes tovisuallytrackthe UA while in flight. • The DJI includes a 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight o The 3DR includes a915 MHz transmitter/controlleroperated bythe PICto control the UAwhile in flight • The DJI Phantom 2 Ground Station DJI Vision App which receives and displays video and system telemetry real timefrom the UA o The 3DR includes an Android based Ground Station such as Droid Planner 3, which receives and displays video and system telemetry real timefrom the UA UAS OPERATING GUIDELINES: UA's will be operated in thefield with both a PIC and aVO in accordance with thefollowing Restrictions:
• All operations must occur in FAA Class Gairspace at no morethan 400ft AGL, at airspeed of no morethan 25 knots and always withinVisual Line ofSight. • All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate by voice at all times during aflight operation • The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), 10 hours oftotal time as a UA rotorcraft pilot and at least 5 hours logged as a UA pilot with asimilar UAtype • The UAwill not be operated over densely populated areas; without prior approval • The UAwill not be operated over any open-air assembly ofpeople; without prior approval • The UAwill not be operated within 5 NM ofan airportor heliport; without priorapproval • The UA will not be operated at airshows • Operations will be restricted to day onlyand weatherconditions equivalenttoVFR • The PIC will briefthe VO and property owner aboutthe operation and risk before operation • No flight will be made without a Pre-Flight Inspection by the PIC before each operation to ascertain thatthe UA is in acondition safe forflight PILOT IN COMMAND (PIC) ANDVISUAL OBSERVER: The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC will hold at a minimum, a current Sport Pilot certificate. The PIC will perform maintenance on the system in accordance with manufacturerguidelines and/or instructions. In the event the PIC cannot perform maintenance, the UA will be returned to the manufacturer or a manufacturercertifiedtechnician to perform any necessary repairs. Isubmitthatthe combination ofthe UA's lightweight, flight performance and ability, fully qualified flight crew and strictoperation underthe guidelines established in 8900.227, and underall ofthe Restrictions listed above, the FAA can have full confidence thatthe operation will have an equivalent or greater level ofsafetythan manned aircraft performingthesame mission.

R.A. Smith National, Inc. SECTION 333 EXEMPTION REQUEST Page 2of

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### INTENDED USE: The requested exemption would allow us to use the UA for aerial image acquisition to support various mapping and surveying applications as well as video documentation for the public good. Typical applications would include, but are not limited to: • Aerial Photography • Aerial Surveys • Volumetric Surveys • Architectural Surveys • Bridge Inspections • UtilityCorridorVegetation Management • Building Inspection Surveys • Disaster Response The inherent ability ofthe UA is to capture imagery from a low altitude including oblique photos and video from several angles is far more effective than ground-based imagery for displaying the characteristics of buildings, sites and properties being developed or areas where consistent monitoring is needed. The applicant in the past has chartered fixed wing aircraft and/or helicopters forthis purpose, which have proven more costly than many potential clients have been able to afford, resulting loss of opportunities. The reduced cost and higher qualitydata from the use of UA's is beneficial tothe public in applications involving projects for public use such as monitoring construction of new roadways, street improvement projects, and preservation of historic buildings or archeological sites where access is limited. In addition UA's may be thefirst systems on site to assist first responders in the event of natural disasters. 

### PUBLIC SAFETY: UA's, are powered by batteries, they are smaller, lighter and more maneuverable than larger aircraft running on combustible fuel; they operate at loweraltitudes (under

### 400') and weigh less than 31bs with no people on board thereby reducing current risk levels and enhancing public safety. With a small payload and maximum flight time of approximately 

### 22 minutes, UA's offer little or no risk to national security. 

### SUMMARY GRANT REQUEST: This request follows many others using similar systems and process that have been granted previously. I am requestingthe FAA issue asummary grant ofexemption as this request would notset a precedent.
• The reasons stated by the FAA for granting Exemption Nos. 

### 11062, 11109, 11112, and 

### 11213 also applytothis request • Agrant ofexemption would be in the public interest • Denial ofthis exemption request would unfairly limit ourabilityto provide these services to our clients

R.A. Smith National, Inc. SECTION 333 EXEMPTION REQUEST Page 3of

### 4THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED Beside each regulation number is the page oftheattached Addendum upon which each may be found togetherwith a proposed equivalent level ofsafety for each regulation:

- 14 CFR Part 21 Subpart H Addendum Page 1

- 14 CFR 91.203 (a) (1) Addendum Page 1

- 14 CFR 45.23 (b) Addendum Page 1

- 14 CFR 91.7 (a) Addendum Page 2 -14 CFR 91.9 Addendum Page 2

- 14CFR 61.113, 61.133 Addendum Page 2

- 14CFR 91.109, 91.119, 91.121 Addendum Page 3

- 14CFR 91.151 Addendum Page 3

- 14CFR Subpart E(91.401- 91.417) Addendum Page 4

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) Addendum Page 4
I am prepared to modifyor amend any part ofthis request to satisfy the need for an equivalent level ofsafety. Please contact us atanytime ifyou require additional information orclarification. Iam the primary pointofcontact forthis request and lookforward toworkingwith youroffice.

Sincerely,



# ~M@dtl.~ Jonathan W. Chapman, Survey Project Manager R.A. Smith National, Inc. 16745 West Bluemound Road, Suite200 Brookfield WI 53005-5938 Phone: 262-317-3366 Email: Jon.Chapman@rasmithnational.com Addendum Containing Exemption Requests and Equivalent Level ofSafety Appendix A- Flight Operations/Procedures Appendix B- Owner's Manualfor (DJI Phantom 2) Appendix C- Owner's Manualfor (3DR X8+)

R.A. Smith National, Inc. SECTION 333 EXEMPTION REQUEST Page 

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### 4ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY I, Jon Chapman Survey Project Manager at R.A. Smith National, Inc. request an exemption from the following regulations as well as any additional regulations that maytechnically applyto the operation ofthe DJI Phantom 2and the 3DR X8+ (UA's): 14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14C.F.R. 91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirementsforthe issuance ofairworthiness certificates as required by FAR 91.203( a) (1). Given the size and limited operating area associated withthe UAto be utilized bythe Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level ofsafety under Part 11 and Section 333 ofthe FM RA. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UA. In all cases, an analysis of these criteria demonstrates that the UA operated without an airworthiness certificate, in the restricted environment and underthe 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 UAto be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a limited flight area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by the Operator and will also remain within the requirements of, and in compliance with, local public safety requirements. These safety enhancements, which already apply to civil aircraft provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UA due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inabilityto carry asubstantial external load.
14C.F.R. 45.23 (b). MarkingoftheAircraft 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," 11experimental," or "provisional," as applicable. Even though the UA will have no airworthiness certificate, an exemption may be needed as the UA will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UA, two-inch letteringwill be impossible. The word "Experimental" will be placed on the fuselage in compliance with 45.29 (f). The equivalent level ofsafety will be provided by having the UA marked on its fuselage as required by 45.29 (f) where the pilot, observer and others working with the UA will see the identification ofthe UA as "Experimental."

R.A. Smith National, Inc. EXEMPTION REQUEST AND LEVEL OF SAFETY Page 1of4The FAA has issued thefollowing exemptions tothis regulation to Exemptions Nos. 10700, 8738, 10167 and 10167 A. 14C.F.R. 91.7(a): Civil aircraftairworthiness. The regulation requires that no person may operate acivil aircraft unless it is in airworthycondition. 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 ofthe aircraft and the requirements contained herein forthe use ofsafety check lists priorto each flight, an equivalent level ofsafetywill be provided. 14CFR 91.9 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 thatthe intent ofthis requirement is to ensure thatflight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not onlytoo small to carry documentation; the documentation would not be available tothe crew duringflight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved UA Flight Operations/Procedures (Appendix A) must be available to the crew at the ground station anytimethe aircraft is in, orpreparing for, flight. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299,9299A,9565,95658,10167, 10167A,10602,32827,and 10700. 14CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a private pilot certificate may act as pilot in command ofan aircraftfor compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require thatthe PIC must either



### 1. Hold a Private Sport Certificate issued by the FAA, and have logged 10 hours of flight experience in this type of UA, or 2. Meetthe requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written examination." Since there are currently no means available forthe pilotofa UAtogain theexperience in an equivalent categoryand class in ordertoapplyfora private pilot's license, we propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAA private pilot ground instruction and pass the FAA Private Pilot written examination in addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel that we meet the intent of 61.113 Subparagraph (b) eventhoughthe intentofthis application is to conduct a business. R.A. Smith National, Inc. EXEMPTION REQUESTAND LEVEL OF SAFETY Page 2of414CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flighttests The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fullyfunctioning dual controls." The UA's ground-based control station consists ofasmall hand-held radio transmitterand while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety. 14CFR 91.119 Minimum safe altitudes: General. The regulation statesthat oversparsely populated areas the aircraft cannot be operated closer than 400' feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400' feet AGL, we cannot complywiththis requirement. In orderto provide an equivalent level ofsafetyThe UA's will not be operated overcongested areas or over any open air assembly of persons without prior approval. Any property owner affected will be briefed on the expected route of flight and the associated risks to persons and property on the ground. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landingwithout undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in grantingthe exemption. 14CFR 91.121 AltimeterSettings. The regulation requires that aircraft shall maintain cruising altitudes by referenceto an altimeter setting available within 100 NM ofthe aircraft. The UA will always fly below 400' feet AGL and will not need to maintain cruising altitudes in orderto prevent conflict with otheraircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the UA'S on-board computerto the display screen held bythe PIC, providing aconstantly updated AGL readout. 14CFR 91.151 Fuel requirements forflight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to flyto the first point of intended landing and to fly after that for at least 30 minutes. The intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. Each UA is battery operated and the maximum duration of flight from a single battery charge is 20 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation withthe word "energy". R.A. Smith National, Inc. EXEMPTION REQUEST AND LEVEL OF SAFETY Page 3of414CFR Subpart E(91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthycondition, includingcompliance with part39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return toservice by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." As provided in the Pre-Flight Checklist in Appendix A, the PIC will ensure thatthe aircraft is in an airworthycondition priorto everyflight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updatingsoftware and firmware forthe on-board computer. All other maintenance will be performed bythe manufactureror theirdesignated repair facility. The PIC will documentwork performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety. 8900.227 Paragraph 16(c)(4) PIC Medical. And Paragraph 16(e)(1) Observer Medical. This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate issued under part 67 in orderto perform as a pilotorobserver. The UA's maximum gross weight is less than 31bs., are constructed primarily of, plastic and carbon fiber. The PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UA will return autonomously to the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meet the same medical requirements as commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose that the minimum medical requirements forthe PIC and VO be vision corrected to 20/20 and avalid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can see and avoid airtraffic; a licensed driver is medically qualifiedtooperate a much largervehicle.

R.A. Smith National, Inc. EXEMPTION REQUEST AND LEVEL OF SAFETY Page 

### 4of4APPENDIX A- FLIGHT OpERATIONS/PROCEDURES
The UAwill be operated underthefollowingflight restrictions. Restrictions and procedures arethesame for both UA's in this request

OPERATIONAL FLIGHT RESTRICTIONS The UA will be operated in thefield with both a PIC and aVO in accordance with and with thefollowing Restrictions:
• All operations must occur in FAA Class Gairspace at no morethan 400ftAGL, atairspeed of no morethan 25 knots and always within Visual Line ofSight. • All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate byvoice at alltimes during aflight operation • The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), 10 hours oftotaltime as a UA rotorcraft pilot and at least 5 hours logged as a UA pilot with asimilar UAtype • The UAwill not be operated over densely populated areas; without priorapproval. • The UAwill not be operated over any open-air assembly ofpeople; without prior approval • The UA will not be operated within 5 NM ofan airportor heliport; without priorapproval • The UAwill not be operated at Air Shows • Operationswill be restricted today onlyand weatherconditions equivalenttoVFR; • The PICwill brieftheVO and propertyowneraboutthe operation and risk before operation • No flight will be made without a Pre-Flight Inspection by the PIC before each operation to ascertain thatthe UA is in acondition safe forflight PRE-FLIGHT CHECKLIST Once on site the Pilot-In-Command (PIC) and aVisual Observer (VO) will:

• Assess thearea for potential hazards • Determinethe take-offand landing (return to home) location • Place signage ifnecessary noting survey in progress • Briefall personnel present on the upcoming aerial acquisition • Instructthose notinvolved in the aerial acquisition on asafeviewing location The PIC and VO willthen move all equipment necessarytothe launch location. Atthis time the PIC and/orVO will go through the preflight checklists provided by the manufacturerof the UA. Below is such an example.

• Remove the UAS from its case • Insert battery • Install and/orconfirm propellers are tightened • Connect the Ground Station device tothe Flight Controller R.A. Smith National, Inc. -APPENDIX A- FLIGHT OPERATIONS AND PROCEDURES• Turn on the Flight Controllerand Ground Station Device • Turn the UAS on and run system checks • Ensure communications between the UAS, Flight Controller and Ground Station Computer are operating properly Ifeverything appears to be operating correctlythe PICwillthen begin the mission. TAKE OFF/LANDING PROCEDURES

Manufacturer recommended Takeoffand Landing procedures will be followed. Place the UA on ground with the battery level indicatorfacing you. 1. Poweronthe remote controller. 2. Power on the range extender. 3. Switch thecamera tothe "WIFI ON" position. 4. Poweronthe aircraft byturning on the intelligent battery 5. Connect the mobile device to the UA, run the Ground Station App to enter the camera preview page. 6. Wait until the UA is initializing and entering the "Ready to Fly"/"Ready to Fly (non-GPS)." state. Then proceed to execute the

# esc command to start motors. 7. Push thethrottlestick up slowly to liftthe aircraft offthe ground. 8. When landing, be sure to be hovering over a level surface. Pull down on thethrottle stick gentlytodescend and land. 9. After landing the aircraft on the ground, keep the throttle stick at its lowest position for about 3to 5seconds which will automatically stopthe motors. FAILSAFE FUNCTION The UA will enter Failsafe mode when the connection from the remote controller is lost. The flight control system will automatically control the aircraft to return to home and land to reduce injuries or damage. The following situations would make the aircraft fail to receive a signal from the remote controller and enter Failsafe mode: 1. The remote controller is powered off. 2. The aircraft has flown outofthe effective communication range ofthe remote controller. 3. There is an obstacle obstructing the signal between the remote controller and the aircraft, essentially reducingthe distance the signal can travel. 4. There is interferencecausing asignal problem with the remote controller. Upon completion ofmission the PIC will log information abouttheflight whiletheVO advises those in the area thatthe mission is complete, removes any signage and begins breakdown ofthe UA.

R.A. Smith National, Inc. -APPENDIX A- FLIGHT OPERATIONS AND PROCEDURESAPPENp!X B-USER'S MANUAL FOR UA{OJ! Phantom 21

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R.A. Smith National, Inc. -APPENDIX B- DJ! Phantom 2APPENDIX C- USER'S MANUAL FOR UA (3DR X8+1

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B.A. Smith National, Inc. -APPENDIX C- 3DR X8+