April 21, 2015U.S. Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE., 

Washington, DC 20590 

Submitted Electronically via the Federal Docket Management System (FDMS) 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Sir or Madam: 

On Behalf of R.A. Smith National, Inc. and Pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 and 14 C.F.R. Part 11, I Jon Chapman Survey Project Manager at R.A. Smith National, Inc., 

request an exemption from 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 exemption would allow for the operation of our unmanned aircraft (UA) the DJI Phantom 

2 and the 3DR X8+ (Multi-Rotors) for the purpose of aerial image acquisition. 

This exemption cites similarity with 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 (under 31b. gross weight), battery operated 

Multi-Rotors that takes off and land vertically. 

THE UA's INCLUDES: 

• An on-board flight computer with GPS navigation and location ability that receives signals for 

flight controls from a ground-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 telemetry system that delivers flight data from the on-board flight computer to the 

on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass 

direction of flight and direction back to its launch site 

• A 5.8GHz on-board radio transmitter that transmits live video from the on-board camera plus all 

the flight data from the telemetry 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 who controls the UA while in the air 

R.A. Smith National, Inc. SECTION 333 EXEMPTION REQUEST Page 1 of 4 
• A Visual Observer (VO), a person who provides a second pair of eyes to visually track the 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 a 915 MHz transmitter/controller operated by the PIC to control the UA while 

in flight 

• The DJI Phantom 2 Ground Station DJI Vision App which receives and displays video and system 

telemetry real time from 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 time from the UA 

UAS OPERATING GUIDELINES: 

UA's will be operated in the field with both a PIC and aVO in accordance with the following Restrictions: 

• All operations must occur in FAA Class G airspace at no more than 400ft AGL, at airspeed of no 

more than 25 knots and always within Visual Line of Sight. 

• 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 

• The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51 (b), 10 hours of total time as a UA rotorcraft pilot and at least 5 hours logged as a UA pilot 

with a similar UA type 

• The UA will not be operated over densely populated areas; without prior approval 

• The UA will not be operated over any open-air assembly of people; without prior approval 

• The UA will not be operated within 5 NM of an airport or heliport; without prior approval 

• The UA will not be operated at air shows 

• Operations will be restricted to day only and weather conditions equivalent to VFR 

• The PIC will brief the VO and property owner about the operation and risk before operation 

• No flight will be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight 

PILOT IN COMMAND (PIC) AND VISUAL 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 manufacturer guidelines and/or instructions. 

In the event the PIC cannot perform maintenance, the UA will be returned to the manufacturer or a 

manufacturer certified technician to perform any necessary repairs. 

I submit that the combination of the UA's light weight, flight performance and ability, fully qualified 

flight crew and strict operation under the guidelines established in 8900.227, and under all of the 

Restrictions listed above, the FAA can have full confidence that the operation will have an equivalent or 

greater level of safety than manned aircraft performing the same mission. 

R.A. Smith National, Inc. SECTION 333 EXEMPTION REQUEST Page 2 of 4 
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 

• Utility Corridor Vegetation Management 

• Building Inspection Surveys 

• Disaster Response 

The inherent ability of the 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 for this purpose, 

which have proven more costly than many potential clients have been able to afford, resulting loss of 

opportunities. The reduced cost and higher quality data from the use of UA's is beneficial to the 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 the first 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 lower altitudes (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 requesting the FAA issue a summary grant of exemption as this request would not set a precedent. 

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 

also apply to this request 

• A grant of exemption would be in the public interest 

• Denial of this exemption request would unfairly limit our ability to provide these services to our 

clients 

R.A. Smith National, Inc. SECTION 333 EXEMPTION REQUEST Page 3 of 4 
THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED 

Beside each regulation number is the page of the attached Addendum upon which each may be found 

together with a proposed equivalent level of safety 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 

- 14 CFR 61.113, 61.133 Addendum Page 2 

- 14 CFR 91.109, 91.119, 91.121 Addendum Page 3 

- 14 CFR 91.151 Addendum Page 3 

- 14 CFR 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 modify or amend any part of this request to satisfy the need for an equivalent level 

of safety. Please contact us at any time if you require additional information or clarification. 

I am the primary point of contact for this request and look forward to working with your office. 

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 of Safety 

Appendix A- Flight Operations/Procedures 

Appendix B- Owner's Manual for (DJI Phantom 2) 

Appendix C- Owner's Manual for (3DR X8+) 

R.A. Smith National, Inc. SECTION 333 EXEMPTION REQUEST Page 4 of 4 
ADDENDUM 

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 may technically apply to the operation 

of the DJI Phantom 2 and the 3DR X8+ (UA's): 

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 UA to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the 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 of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the particular UA. In all 

cases, an analysis of these criteria demonstrates that the UA 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 UA to 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 under this 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 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," 11 experimental," 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 of the UA, 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 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 of the UA as "Experimental." 

R.A. Smith National, Inc. EXEMPTION REQUEST AND LEVEL OF SAFETY Page 1 of4 
The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 

and 10167 A. 

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 herein for the use of safety check lists prior to each flight, an equivalent level 

of safety will be provided. 

14 CFR 91.9 Civil aircraft flight 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 of this 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 

not be available to the crew during flight 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 anytime the aircraft is in, or preparing 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. 

14 CFR 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 of an aircraft for 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 that the 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. Meet the 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 for the 

pilot of a UA to gain the experience in an equivalent category and class in order to apply for a 

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

R.A. Smith National, Inc. EXEMPTION REQUEST AND LEVEL OF SAFETY Page 2 of4 
14 CFR 91.109 Flight Instruction; Simulated instrument flight 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." 

The UA's ground-based control station consists of a small hand-held radio transmitter and 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. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely 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 of 400' feet AGL, we cannot comply with this requirement. 

In order to provide an equivalent level of safety The UA's will not be operated over congested 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 

landing without 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 granting the exemption. 

14 CFR 91.121 Altimeter Settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. 

The UA 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 takeoff 

point is transmitted via radio from the UA'S on-board computer to the display screen held by the PIC, 

providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight 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 fly to the first point of intended landing and to fly after that for at least 

30 minutes. 

The intention of this paragraph is to provide an energy reserve as a safety buffer for 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 of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent 

interpretation with the word "energy". 

R.A. Smith National, Inc. EXEMPTION REQUEST AND LEVEL OF SAFETY Page 3 of 4 
14 CFR 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 

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 authorized under 

43.7" after maintenance and inspection. 

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized 

to approve the aircraft for return to service." As provided in the Pre-Flight Checklist in Appendix A, the 

PIC will ensure that the aircraft is in an airworthy condition prior to every flight 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 updating software and 

firmware for the on-board computer. All other maintenance will be performed by the manufacturer or 

their designated repair facility. The PIC will document work performed in accordance with 91.417. We 

feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent 

level of safety. 

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 order to perform as a pilot or observer. 

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 for the PIC and VO be vision corrected to 20/20 

and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO 

can see and avoid air traffic; a licensed driver is medically qualified to operate a much larger vehicle. 

R.A. Smith National, Inc. EXEMPTION REQUEST AND LEVEL OF SAFETY Page 4 of 4 
APPENDIX A- FLIGHT OpERATIONS/PROCEDURES 

The UA will be operated under the following flight restrictions. Restrictions and procedures are the same 

for both UA's in this request 

OPERATIONAL FLIGHT RESTRICTIONS 

The UA will be operated in the field with both a PIC and aVO in accordance with and with the following 

Restrictions: 

• All operations must occur in FAA Class G airspace at no more than 400ft AGL, at airspeed of no 

more than 25 knots and always within Visual Line of Sight. 

• 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 

• The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51 (b), 10 hours of total time as a UA rotorcraft pilot and at least 5 hours logged as a UA pilot 

with a similar UA type 

• The UA will not be operated over densely populated areas; without prior approval. 

• The UA will not be operated over any open-air assembly of people; without prior approval 

• The UA will not be operated within 5 NM of an airport or heliport; without prior approval 

• The UA will not be operated at Air Shows 

• Operations will be restricted to day only and weather conditions equivalent to VFR; 

• The PIC will brief the VO and property owner about the operation and risk before operation 

• No flight will be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight 

PRE-FLIGHT CHECKLIST 

Once on site the Pilot-In-Command (PIC) and a Visual Observer (VO) will: 

• Assess the area for potential hazards 

• Determine the take-off and landing (return to home) location 

• Place signage if necessary noting survey in progress 

• Brief all personnel present on the upcoming aerial acquisition 

• Instruct those not involved in the aerial acquisition on a safe viewing location 

The PIC and VO will then move all equipment necessary to the launch location. 

At this time the PIC and/or VO will go through the preflight checklists provided by the manufacturer of 

the UA. Below is such an example. 

• Remove the UAS from its case 

• Insert battery 

• Install and/or confirm propellers are tightened 

• Connect the Ground Station device to the Flight Controller 

R.A. Smith National, Inc. -APPENDIX A- FLIGHT OPERATIONS AND PROCEDURES 
• Turn on the Flight Controller and 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 

If everything appears to be operating correctly the PIC will then begin the mission. 

TAKE OFF/LANDING PROCEDURES 

Manufacturer recommended Takeoff and Landing procedures will be followed. 

Place the UA on ground with the battery level indicator facing you. 

1. Power on the remote controller. 

2. Power on the range extender. 

3. Switch the camera to the "WIFI ON" position. 

4. Power on the aircraft by turning 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 the throttle stick up slowly to lift the aircraft off the ground. 

8. When landing, be sure to be hovering over a level surface. Pull down on the throttle stick 

gently to descend and land. 

9. After landing the aircraft on the ground, keep the throttle stick at its lowest position for 

about 3 to 5 seconds which will automatically stop the 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 out of the effective communication range of the remote controller. 

3. There is an obstacle obstructing the signal between the remote controller and the aircraft, 

essentially reducing the distance the signal can travel. 

4. There is interference causing a signal problem with the remote controller. 

Upon completion of mission the PIC will log information about the flight while the VO advises those in 

the area that the mission is complete, removes any signage and begins breakdown of the UA. 

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

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

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