First Coast Photography Inc

Attn: Jeremy Smith

7800 Point Meadows Dr. Suite 717

Jacksonville, FL 32256

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 

(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR 

Part 11, Satellite Marketing Inc., operator of an Unmanned Aircraft System (UAS), hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so

long as such operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would 

operate in the following manner: 

Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, 

engineering and other related professional activities. 

Aerial video and/or photography for public and/or private use including television, public events, cinematography and 

news gathering. 

Aerial inspection/photography of residential/commercial structures under contract with the owners or local government 

authority. 

Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical 

power lines, wind turbines and cell towers. 

Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an 

emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 

The ability to offer training to persons individually or belonging to both private and/or public organizations that have 

interests in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of the 

National Airspace System (NAS) as well as for the protection of the persons and property. 

As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in 

the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already 

safe operations in the industry presently using conventional aircraft. 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.” 
The name and address of the applicant is: 

First Coast Photography Inc

Attn: Jeremy Smith, CEO/Chief Pilot 

Phone: 904-392-6543

Email: jeremysphd@gmail.com

Address: 7800 Point Meadows Dr. Suite 717

Jacksonville, FL 32256

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

First Coast Photography Inc. will operate the DJI Phantom 3 Advanced, with a total weight of 1280g or just under 3lbs. The 

Diagonal size is 23.228inches. Under still air the maximum speed is no more than 16m/s or 31.1 knots. The DJI Phantom 3

has the ability to hover and move along a vertical and horizontal plane simultaneously. The DJI Phantom 3 has four 

motors, powered by a 4480mAh Lithium Polymer battery. The DJI Phantom 3 will be controlled with the DJ6 remote 

controller with an operating frequency of 2.400GHz – 2.483GHz. The Phantom 3 also utilizes a mobile ground station. The 

UAS features a safety ‘Return to Home’ function that in the event of a signal loss, the UAS will return to a preset position 

and land. The Return to Home feature can also be triggered manually. The remote connects to your phone or tablet, and a 

720p HD view of everything your camera sees as you fly is displayed live. This immersive view streams to you in absolute 

clarity, enabling safe flying. From takeoff to landing, the Phantom 3 responds to commands while automatically handling 

the most complex aspects of safe, stable flight.

Aircraft and Equivalent Level of Safety

These operation limitations are proposed for an equivalent or higher level of safety because operations will further 

enhance the safety of the persons and/or property using conventional aircraft. 

These limitations and conditions to which the applicant agrees to adhere to, when conducting commercial 

operations under the FAA issued exemption, include: 

The UAS will weigh less than 55 lbs.

The UAS will have a maximum operating speed of no more than 50mph. 

Flights will be operated within line of sight of either the Pilot in Command (PIC) and/or Visual Observer 

(VO). 

Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 

20% battery power reserve or 30 minutes of flight time whichever occurs first. 

Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and/or not more than 200 feet 

above an elevated platform from which filming is planned.
The UAS pilot will be a designated Pilot in Command (PIC) and hold at least a Sport Pilot’s License along with a Third or 

higher Class Medical Certificate. If the Satellite Marketing Inc., feels another operator to be qualified with the necessary 

skills to be PIC & possess at least a Sport Pilot’s License along with a Third or higher Class Medical Certificate, that person 

may be designated PIC provided they have a minimum of 10 hours of flight time with the UAS. If the Satellite Marketing 

Inc., feels another operator to be qualified with the necessary skills to be PIC, that person may be designated PIC provided 

they have a minimum of 25 hours of flight time with the UAS. 

A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting of all the days’ 

production activities. 

All flights are prohibited from occurring within Instrument Flight Rules Meteorological Conditions (IFR). 

The flights will occur no closer than a 4 mile radius of the geographic center/Airport Reference Point (ARP) of a tower 

controlled or uncontrolled airport. 

If operations will be within a 4 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or 

uncontrolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, 

elevation of flight and other pertinent information. 

The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only 

consenting persons will be allowed within 50 feet of the flight operation, and the radius may be reduced to 20 feet based 

upon an equivalent level of safety determination. With the advanced permission of the FSDO, operations at closer range 

may be approved. 

The PIC and VO will have been trained in operation of UAS and receive up-to-date information for the particular UAS to be 

operated. 

The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, including 

law enforcement, fire or other appropriate governmental agencies. 

If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return 

to a pre-determined location within a designated location and land autonomously. 

The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt 

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an 

analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the 

restrictions and conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local public safety 

requirements. These safety enhancements 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 

UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or 

light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that 

aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches

high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no 

entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed.

Given the size of the UAS, 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 UAS marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as 

“Experimental.” 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire. Satellite Marketing Inc., may achieve an 

equivalent level of safety as achieved by current Regulations because the applicant’s UAS do not carry any pilots or 

passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. The PIC of the UAS will have a Pilot’s License along with a current Third Class 

or higher medical and 10 hours UAS flight training, exceeding the current safety levels in relation to 14 CFR 61.113 (a) & 

(b), or PIC must demonstrate competency after receiving 25 hours UAS operation training.

I feel the operation and limitations set forth in the FOM will equate to the safe operation of the UAS. 

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 for maintenance and use of the manufacturers preflight 

safety check lists prior to each flight, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an Airplane or 

Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current 

approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination 

thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not

only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot 

flying the UAS will have immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA 

approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all 

actions as stated in manufacturers Phantom Pilot Training Guide including but not limited to reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for 

flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design 

do not have fully functional dual controls. Flight control is accomplished through the use of a control box that 
communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent 

level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and 

speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters 

to be operated at less than the minimums prescribed, provided the person operating the helicopter complies 

with any route or altitudes prescribed for helicopters by the FAA. This exemption requests authority to operate UAS at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the 

exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 

feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be 

operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations 

without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the 

UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected 

individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the UAS will ensure separation between these UAS operations and the operations 

of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is

set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the 

UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An

equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming 

normal cruising speed – (1) During the day, to fly after that for at least 30 minutes (20 minutes if helicopter); or (2) At 

night, to fly after that for at least 45 minutes (20 minutes if helicopter).” 

The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 20 minute reserve 

requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations 

on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time 

frame for flight in daylight conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls 

within the scope of prior exemptions. Operating the UAS, in a tightly controlled area where only people and property 

owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, 

does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small

UAS. Additionally, limiting UAS flights to 20 minutes would greatly reduce the utility for which the exemption will be 

granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 20% of 

battery power— whichever happens first. This restriction would be more than adequate to return the UAS to its planned 

landing zone from anywhere in its limited operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a

special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.
The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is 

no ability or place to carry certification and registration documents or to display them on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point where 

the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. 

14 C.F.R. §91.405 (a) ; 407 (a) (1) ; 409 (a) (2) ; 417(a) & (b) : Maintenance Inspections. 

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E 

of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with 

Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will 

not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the operating handbook. 

Satellite Marketing Inc., will carry out its maintenance, inspections and record keeping requirements in accordance with 

the Aircraft Manufacturers Information/Operators Manual. Maintenance, inspection and alterations will be noted in the 

aircraft logbook, including total flight hours, description of work accomplished and the signature of the authorized UAS 

technician returning to service.

Additional Information 

The applicant and CEO of First Coast Photography Inc, Jeremy Smith, will act as primary PIC. Jeremy Smith currently holds 

a Private Pilot's Certificate. Jeremy Smith has an in-depth understanding of the aviation community, aviation regulations, 

not limited to weather limitations and airspace restrictions, as well as an understanding of safety concerns involved in 

using this technology to provide an asset to the community. Satisfaction of criteria provided in Section 333 of the Reform 

Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial 

operation of the applicant’s UAS.

Aerial photography and videography has been around for a long time through manned fixed wing aircraft and helicopters, 

but for small business owners, it's expense has been cost-prohibitive. Granting this exemption to me would allow me to 

provide this service at a much lower cost. The operation of my UAS will minimize ecological damage and promote 

economic growth by providing information to companies looking to relocate or build in North East Florida.

CONCLUSION

As set forth above, First Coast Photography Inc, seeks an exemption pursuant to 14 C.F.R. 11.61 and Section 333 of the 

FAA Modernization and Reform Act which will permit the safe operation of its UAS commercially, for the special purpose 

of conducting aerial photography and videography along with aerial inspections and surveys. By granting the Petition, the 

FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while 

also advancing the interests of the public, by allowing First Coast Photography Inc, to safely, efficiently, and economically 

operate its UAS commercially within the NAS.

Sincerely,

Jeremy Smith

First Coast Photography Inc

7800Point Meadows Dr. Suite 717

Jacksonville, FL 32256