SUBMI SSI ON: P AR T 1

UNITED ST

AT ES OF AMERI CA DEP AR TMENTOF TRANSPOR TA TI ON FEDERAL

A VI AT IO N ADMINISTRA TI ON WA SHI NGT ON, DC

Regulatory

Docket No. _______________

IN THE MA

TTER OF THE PETITION FOR EXEMPTI ON OF:

MI CHAEL

SMITH

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULA

TI ONS SECTI ONS 61.1 13(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERA TI ON OF THE **CHROMA “BLADE” CAMERA** 

**DRONE** UNMANNED AI RCRAFTSYSTEM (UAS) PURSUANTTO SECTION 333 OF THE F AA MODERNIZA

TI ON AND REFORM ACTOF 2012 (PUBLIC LA W 1 12

- 95)

Submitted: November 30, 2015

MI CHAEL

SMITH SMI TH INSPECTION SER VI CES, LLC P. O. BOX 126 504 WEST CAMPBELL

A VE. SHERRILL, NEW YORK 13461 OFFI CE 315

- 363

- 8074 CELL 315

- 264

- 1518 (BEST#) FA X 315

- 363

- 9046TA BLE OF CONTENTS Page

GLOSSAR

Y OF ABBREVIA

TI ONS........................................................... ......................................................3

SUMMAR

Y.

..................................................................................................................... ....... 4

IN TRODUCTION AND INTERESTS OF PETITIONER................... ...................................4

BACKGROUND..................................................................................................................... 5

BASI S FOR PETITION........................................................................................................... 5

NAME AND ADDRESS OF PETITIONER................................................................6

THE SPECI FI C SECTIONS OF 14 C.F .R. FROM WHI CH MI CHAEL

SMITH SEEKS EXEMPTI ON............................................................7

THE EXTENT OF RELIEF MICHAE L SMI TH SEEKS AND THE REASON MI CHAEL SMITH SEEKS THE RELIEF...............................9

THE REASONS WHY

GRANTING MICHAEL SMI TH’S RE QUEST WOUL D BE IN THE PUBLIC INTEREST.............................................................1 1

THE REASONS WHY

GRANTING THE EXEMPTI ON WOULD NOT ADVERSEL

Y A FFECTSAFETY

..............................................................................1 3

CONCLUSION................................................................................................................... ....19

APPENDI CES A

- F**GLOSSAR Y**  **OF A**  **BBREVIA**

**TIONS**



### AGL Above Ground Level AOI Area of Interest AT C Air Tr af

fic Control AT O Air Tr af

fic Or ganization AV Aerial Ve hicle CFR Code of Federal Regulations COA Certificate of Authorization FA A Federal Av iation Administration FA R Federal Av iation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOT AM Notice to Airman PIC Pilot In Command Section 333 F

AA Modernization and R eform A ct of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures UA Unm anned Aircraft UAS Unm anned Aircraft System VFR Vi sual Flight Rules VLOS Vi sual Line of Site VMC Vi sual Meteorological Condi tions VTOL Ve rtical Takeoff and Landing DJI UA

V manufacturer ESC Electronic speed control

### FPV First Person Vi ew

LI

- PO Lithium

Polymer battery RCV Radio Controlled vehicle

**SUMMAR**

**Y**
Michael Smith, operating under the compan y title, Smith Inspection Services, LLC, seeks exemption from the requirements of 14 C.F .R §§ 61.1 13(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to oper ate an Unmanned Aircraft Sy stem pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Michael Smith to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photography for Marketing, Real Estate Photography

, Roofing Inspection, and Property and Landscape Imaging over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF**  **T HE PETITIONER** 

My name is Michael Smith. Ihave been a New Yo rk State licensed Home Inspector for 10 y ears. I am the Owner / Home Inspector for Smith Inspection Services. LLC. Currently , I provide home inspections and various other inspection and testing services for the real estate and construction industries. I have 1.5 y ears experience operating quad

- copter UAS’ s. Michael Smith provides customers with detailed inspections and quality ground based video and photography for a wide range of applications. However, given today ’s technology and competition, Michael Smith needs to expand the services of Smith Inspection Services, LLC to include aerial imaging. Michael Smith currentl y is considered to be an experienced and competent UAS pilot (PI C).

In addition to the above, the NYS Home Inspection Standards of Practice states: Ti tle 19 NYCRR Section 197

- 5.7 Roof Sy stems; Sub

- Section (g) “Home inspectors are not required to walk on or access a roof where to do so could result in damage to the roof or roofing material or endanger the health and safet y of the home inspector .” Therefore, in the future, a roof that would have been reported on from a ground level based view, either with or without binoculars, this exemption now will provide my client a much more comprehensive and accurate evaluation of the roof structure, membran e, penetrations and flashing details, not to mention adding a greater level of safet y for m ys elf.

The objective of Smith Inspection Services, LLC is to provide low cost, high qualit y aerial imaging for various industries while promoting safe UAS operati ons and promoting public knowledge of UAS’ s as well as providing a high level of knowledge about UAS’ s.**BACKGROUND**

Unmanned Aircraft Sy stems: **Chr oma “Blade” Camera Dr**  **one**

Michael Smith seeks an exemption to operate the Chroma Drone sy stem for compensation or hire within the NAS. The Chroma “Blade” Camera Drone is a vertical takeof f and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing a ST

- 10+ controller

.

**CHROMA**

**BLADE SPECS**  Approx. Fly ing Time 30 minutes Battery 11 .1V 3S 6300mAh L i

- Po Motor to Motor Distance 15.75 in (400 mm) Height 9.50 in (242 mm) We ight 2.9 lbs (45.9 oz) (1.3 kg) Motors 780 Kv Brushless Outrunner Prop Diameter 10.25 in (260 mm) Flight Control L ink 2.4 GHz Vi deo L ink 5.8 GHz Approx. Vi deo L ink Range 1,970 ft (600 m) GPS Receiver GLONASS and U.S. Completion Level Ready

- To

- Fl y Recommended Environment Outdoors

The Chroma “Blade” Camera Drone has a maximum gross weight of approximately 2 pounds 14 ounces, while having a length of 15.75 inches and width of 15.75 inches (without blades), height of 9.5 inches, and a maximum speed of approximately 30 knots. The Chrom a “Blade” CameraDrone UAS is equipped with four main rotors; driven by a Lithium Poly

mer battery

powering 4 electric motors.

The Chroma “Blade“ Camera Drone UAS that will be operated b y Michael Smith and will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F .R Part 47, Aircraft Registration, and marked in accordance with 14 C.F .R. Part 45, I dentification and Registration Markings.

**BASIS FOR PETITION**

Petitioner, Michael Smith, pursuant to the provisions of the Federal Av iation Regulations (14 C.F .R. § 1 1.61) and the F

AA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for certain Unmanned Aircraft Sy stems, hereby petitions the Administrator to commerciall y operate the Chroma “Blade” Camera Drone UAS in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F .R §§ 61.1 13(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Michael Smith’ s operation of Chroma “Blade” Camera Drone UAS meets the conditions of FMRA Sectio n 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H.

Accordingly

, Michael Smith requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these se ctions set forth requirements for maintenance that onl y apply to aircraft with an airworthiness certificate.

Michael Smith submits that the requested relief is proper since an equivalent level of safet y will be ensured. Michael Smith will use experience d personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and Chroma “Blade” Camera Drone O & M Manual). Furthermore, Michael Smith will document and maintain all maintenance records for the Chroma “Blade” Camera Drone.

Relief from certain requirements of Section 61.1 13(a) and (b), entitled Private Pilot

- Privileges and L imitations: Pilot in command , is requested by Michael Smith to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as anairman medical certificate, and who has demonstrated, b y meeting minimum flight

- hour and

currency requirements, that the PI C is able to safely operate the Chroma “Blade” Camera Drone UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structur es.
Michael Smith seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the Chroma “Blade” Camera Drone UAS does not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. As such, Michael Smith submits that he will ensure that the Chroma “Blade” Camera Drone UAS is in an airworthy condition, prior to every

flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Lo g and Instruction Manual), and that the aircraft is in a condition for safe flight.

Michael Smith also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the Chroma “Blade” Camera Drone UAS will not have a t ypical barometric altimeter onboard. However, altitude information of the Chroma “Blade” Camera Drone UAS will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring o f the flight path. This altitude information, combined with Michael Smith’ s operation of the Chroma “Blade” Camera Drone UAS within visual line of sight (VLOS), at or below 500 feet AGL, will ensure a level of safet y equivalent to Section 91.121.

Additi onally

, Michael Smith seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Michael Smith submits that safety will not be af fected b y operation of the Chroma “Blade” Camera Drone UAS during day light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly a fter that for at least 5 minutes.

In accordance with 14 C.F .R. § 1 1.81, Michael Smith provides the following information in support of its petition for exemption:

**A. Name And**  **Addr ess Of**  **The Petitioner**

**.** The name and address of the Petitioner and point of contact is:

**MICHAEL**

**SMITH SMITH INSPECTION SER**  **VICES, LLC P.**  **O. BOX 126 504 WEST CAMPBELL**  **A VE.**  **SHERRILL, NEW**

**Y ORK 13461**  **OFFICE :**  **315**

**- 363** 

**- 8074**  **CELL :**  **315**

**- 264** 

**- 1518 (BEST #)**  **FA X**  **: 315** 

**- 363** 

**- 9046** 

Email: sisll c08@y ahoo.com**A. The Specific Sections Of 14 C.F .R**  **. Fr om**  **Which Michael Smith**  **Seeks Exemption** 

**.**

**1. Michael Smith Seeks Exemption Fr**  **om The Requir**  **ements Of Section 61.1**  **13(a)And (b).** Section 61.1 13, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carry ing passengers or propert y for compen sation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may

, for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if

— (1)The flight is only

incidental to that business or employment; and (2) The aircraft does not carry passengers or propert y for compensation or hire.

**2. Michael Smith Seeks Exemption Fr om**  **The Requir ements Of Section 91.7(a).**  Section 91.7, entitled Civil Aircraft Airworthiness, subsection ( a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworth y condition.

**3. Michael Smith Seeks Exemption Fr om**  **The Requir ements Of Section 91.121.**  Section 91.121, entitled Altimeter Settings, subsection (a), states the following, inpart: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

-- Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appr opriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**4. Michael Smith Seeks Exemption Fr om**  **The Requir ements Of**  **Section 91.151(b).**  Section 91.151, entitled Fuel Requirements for Flight in VFR Conditions, subsection (b), states the following:

(b ) No person may begin a flight in a r otor craft under VFR conditions unless (considering wind and for ecast weather con ditions) ther e is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

**5. Michael Smith Seeks Exemption Fr**  **om The Requir**  **ement Of Section 91.405(a).** Section 91.405, e ntitled Maintenance Required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in parag raph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

**6. Michael Smith Seeks Exemption Fr om**  **The Requir ements Of Section 91.407(a)(1)**  Section 91.407, entitled Operation After Maintenance, Preventive Maintenance, Rebuilding, or Alteration, subsection (a)(1), states the following:

(a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) Ithas been approved for return to service b y a person authorized under § 43.7 of this chapter[.]**7. Michael Smith Seeks Exemption Fr om**  **The Requir ements Of Sections 91.409(a)(1)** 

**And 91.409(a)(2).** Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as p rovided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter

. **8. Michael Smith Seeks Exemption Fr om**  **The Requir ements Of Sections 91.417(a)**  **And 91.417(b).** Section 91.417, entitled Maintenance Records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.41 1 and 91.413, each

registered owner or operator shall keep the following records for the periods speci fied in paragraph (b) of this section:

1. Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the

a irframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; an d (iii) The signature, and certificate number of the person approving the aircraft for return to service.

2. Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor

. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The cu rrent inspection status of the aircraft, including the timesince the last inspection required b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and saf et y directives including, for each, the method of compliance, the AD or safet y directive number and revision date. If the AD or safet y directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescr ibed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

3. The owner or operator shall retain the following records for the periods prescribed: (i) The records sp ecified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (ii) The records specified in paragraph (a)(2) of this section shall be retained and transferr ed with the aircraft at the time the aircraft is sold. (iii) A list of defects furnished to a registered owner or operator under § 43.1 1 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

**B. The Extent Of Relief Michael Smith Seeks**  **And The Reason Michael Smith Seeks The**  **Relief. 1. Extent Of Relief Michael Smith Seeks**  **And The Reason Michael Smith Seeks**  **Relief Fr om**  **Section 61.1 13(a)**  **And (b).** Relief from Section 61.1 13(a) and (b) entitled Private Pilot Privileges and Limitations: Pilot in Command ( PI C ), is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.1 13(a) and (b) state that a private pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for

compensation or hire. As set forth more full y below, Michael Smith submits that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the Chroma “Blade” Camera Drone UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safel y operate the Chroma “Blade” Camera Drone UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as

ma intaining appropriate distances from people, vessels, vehicles and structures. Furthermore, Michael Smith submits that all flights of the Chroma “Blade” Camera Drone UAS, conducted b y the PI C pursuant to the grant of this Petition: (1) willbe incidental to Michael Smith business; and (2) will not carry passengers or propert y for compensation or hire.

**2. Extent Of Relief Michael Smith Seeks And**  **The Reason Michael Smith Seeks Relief Fr**  **om Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil Aircraf t Airworthiness, is requested to the extent required to allow Michael Smith to determine that the Chroma “Blade” Camera Drone UAS is in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., Michael Smith’ s Aerial Operations Manual, Monthly

Maintenance Log, and Chroma “Blade” Camera Drone Instruction Manual, Pre

- Flight Checklist). Michael Smith seeks the requested relief because the Chroma “Blade” Camera Drone UAS does not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. Therefore, Michael Smith will ensure that the Chroma “Blade” Camera Drone UAS is in airworth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and Chroma “Blade” Camera Drone Instruction Manual) prior to every flight, and further, determine that the aircraft is in condition for safe flight, as stated in the conditions and limitations below

.
**3. Extent Of Relief Michael Smith Seeks And**  **The Reas on Michael Smith Seeks**  **Relief Fr**  **om Section 91.121.**  Relief from Section 91.121, entitled Altimeter Settings, may be required to allow flight operations of the Chroma “Blade” Camera Drone UAS, which GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the F AA requires that any

altitude information concerning UAS operations be reported to air traffic control (A TC) in feet above ground level (AGL), Mic hael Smith seeks the requested relief because the Chroma “Blade” Camera Drone UAS’ s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below

. As more full y set forth herein, an equivalent level of safet y will be maintained since the Chroma “ Blade” Camera Drone UAS is equipped with GPS equipment, which automatically ensures that a ground level setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display

of the GCS.

**4. Ex tent Of Relief Michael Smith Seeks**  **And The Reason Michael Smith Seeks**  **Relief Fr om**  **Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel Requirements for Flight in VFR Conditions, is requested to the extent required to allow flights of the battery powered Chroma “Blade” Camera Drone UAS during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. Michael Smith seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery poweredChroma “Blade” Camera Drone UAS will severely constrain the practicality of any aerial video or still photo flight operations that Michael Smith proposes to conduct pursuant to this Petition.

Significantly

, as set forth below, the technical specifications of the Chroma “Blade” Camera Drone UAS, the Chroma “Blade” Camera Drone UAS’ s operating documents, and proposed operating limitations, ensure that Michael Smith will safely operate the battery

powered Chroma “Blade” Camera Drone UAS during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), w ith enough battery power to fly

for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

**5. Extent Of Relief Michael Smith Seeks And**  **The Reason Michael Smith Seeks**  **Relief Fr om**  **Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) &**  **(b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only appl y to aircraft with an airworthiness certificate, Michael Smith reque sts relief from these Sections because the Chroma “Blade” Camera Drone UAS does not require airworthiness certificates. As set forth more fully below, the Chroma “Blade” Camera Drone UAS meets the conditions of FMRA Section 333 for operation without an air worthiness certificate. Accordingly , Michael Smith will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Michael Smith’ s Aerial Operations Manual, Monthly Maintenance Log, Chroma “Blade” Camera Drone Instruction Manual, Pre

- Flight Checklist). Furthermore, Michael Smith will document and maintain all maintenance records for the Chroma “Blade” Camera Drone UAS.

**C. The Reasons**  **Why Granting Michael Smith’**  **s Request W**  **ould Be In The Public Inter**  **est; That Is, How It**  **Wo uld Benefit**  **The Public As**  **A Whole.**  Granting the present Petition will further the public interest b y allowing Michael Smith to safely , ef ficiently , and economically

perform aerial video and photograph y for a commercial purpose of conducting aerial video and photograp hy for Marketing, Real Estate Photograph y, Roofing Inspection, and Property and Landscape Imaging over certain areas of the United States. Additionally , use of the Chroma “Blade” Camera Drone UAS will decrease congestion of the NAS, reduce pollution, c rashes and accidents caused by pilot error and provide significant benefits to the economy . Notably , the benefits of Michael Smith’ s proposed operation of the Chroma “Blade” Camera Drone UAS will be realized without implicating an y privacy

issues. **1. The Public Will Benefit Fr**  **om Decr**  **eased Congestion Of The NAS.**  The Chroma “Blade” Camera Drone UAS is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducin g the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a Chroma “Blade” Camera Drone UAS would reduce the amount of manned aircraft in theNAS, reduce noise and air pollution, as well as increase the safety of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The Chroma “Blade” Camera Drone UAS does not require an airport to takeof f or land. Likewise, a reduction of manned aircraft conducting aerial video and photograph y missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeof f, departure, arrival, and landing phases of flight operations.

**2. The Public Will Benefit Fr om**  **The Safety And Efficiency Of**  **The Chro**  **ma “Blade”**  **Camera Dr one**  **UAS.** Conducting aerial acquisitions with the Chroma “Blade” Camera Drone UAS, instead of manned aircraft, will greatl y benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, the Chroma “Blade” Camera Drone UAS produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cy linder internal combustion engine aircraft that are ty pically utilized for aerial vide o and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The Chroma “Blade” Camera Drone UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by

batt er y powered electric motors, rather than an internal combustion engine.

By using the Chroma “Blade” Camera Drone UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually

associated with traditional manned aircraft flight operations, will be substantially

reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the Chroma “Blade” Camera Drone UAS (weighing approximately 2 pounds 14 ounces at its maximum gross weight, with a length of 15.75 inches, and a width of 15.75 inches, and with no fuel on board), has less phy sical potential for collateral damage to life and propert y on the ground, and in the air
, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacit y of 180 gallons).

**3. Performing Aerial**  **Vi deo and Photography Operations**  **Wi th**  **The Chr oma**  **“Blade” Cam era Dr**  **one UAS Wi**  **ll Benefit The Economy** 

**.** In addition to being safe and efficient, the Chroma “Blade” Camera Drone UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the Chroma “Bla de” Camera Drone UASwill allow United States based companies, like Smith Inspection Services, LLC, to remain competitive and contribute to growth of the U.S. economy . Specifically

, with the rising cost of aviation fuel and the Environmental Protection Age ncy (“EP A”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered Chroma “Blade” Camera Drone UAS is one such technolo gy

that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the Chroma “Blade” Camera Drone UAS, companies suc h as Smith Inspection Services, LLC, can remain competitive and profitable, and therefore, provide greater job stability to employ ees and contractors, which will ultimately

contribute to growth of the U.S. economy . Improved financial performance of U.S. co mpanies, through commercial use of the Chroma “Blade” Camera Drone UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to re main competitive both in the United States and abroad. **4. Ther e**  **Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Michael Smith ’s proposed operation of the Chroma “Blade” Camera Dron e UAS will not implicate any privacy issues. Specifically

, the Chroma “Blade” Camera Drone UAS will be operated onl y in compliance with operating documents (i.e., Michael Smith’ s Aerial Operations Manual, Monthly Maintenance Log, Chroma “Blade” Camera Dron e Instruction Manual, Pre

- Flight Checklist) which requires propert y owner involvement as well as local law enforcement notification, and in accordance with the Federal Av iation Regulations, including the minimum altitude requirements of 14 C.F .R. § 91.1 19.

**E. The Reasons**  **Why Granting The Exemption W ould Not**  **Adversely Affect Safety**  **, Or How**  **The Exemption W**

**ould Pr ovide**  **A Level Of Safety**  **At Least Equal To**  **That Pr ovided By**  **The Rule Fr**  **om Which Michael Smith Seeks Exemption.** 

**1. Reasons Why The Chr om**  **a “Blade” Camera Dr**  **one UAS Meets The Conditions Of The F**  **AA Modernization and Reform**  **Act of 2012 (FMRA) Section 333.**
In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Michael Smi th’ s operation of the Chroma “Blade” Camera Drone UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F .R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security . Specificall y, FMRA Section 333 states the following, in part: (a ) In General.

-- Notwithstanding an y other requirement of this subtitle, and notlater than 180 day s after the date of enactment of this Act, the Secretary of T ransportation shall determine if certain unmanned aircraft s ys tems may operate safel y in the natio nal airspace sy stem before completion of the plan and rulemaking required by section 332 of this Act or the guidance required b y section 334 of this Act. (b) Assessment of Unmanned Aircraft Sy stems.

-- In making the determination under subsection (a), the Se cretary shall determine, at a minimum

— (1) which t ypes of unmanned aircraft s ys tems, if any , as a result of their size, weight, speed, operational capability , proximity

to airports and populated areas, and operation within visual line of sight do not creat e a hazard to users of the national airspace sy stem or the public or pose a threat to national security ; and whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft s ys tems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft s ys tems may operate safel y in the national airspa ce sy stem, the Secretary

shall establish requirements for the safe operation of such aircraft sy stems in the national airspace s ys tem. In seeking this exemption, Michael Smith submits that the Chroma “Blade” Camera Drone UAS can operate safel y in the NA S pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the Chroma “Blade” Camera Drone UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The Chr om**  **a “Blade” Camera D ro**  **ne UAS Demonstrates Its Safe Characteristics.**  The Chroma “Blade” Camera Drone UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Te**  **chnical Specifications Of The Chr**  **oma “Blade” Camera Dr one UAS.**  The technical specifications of the Chroma “Blade” Camera Drone UAS is set forth b y the Specifications and Data Sheet, attached hereto as Exhibit A. **ii. The Chr**  **oma “Blade” Camera Dr**  **one UAS’ A**  **utonomous Flight And**  **Navigation Modes Enable The UAS T o Remain Within**  **A Defined**  **Operational Ar**  **ea.** The Chroma “Blade” Camera Drone UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and

navigational modes of the Chroma “Blade” Camera Drone UAS’ User Manual, attached hereto as Exhibit B. **iii. The Chr**  **oma “Blade” Camera Dr one UAS is Designed For**  **A utomatic**  **Return T o Home Point Or** 

**Hover In**  **The Event Of Loss Of The Contr**  **ol Link Or**  **Navigation.** When the Control L ink is lost, the Chroma “Blade” Camera Drone UAS will remains stationary

in flight as reacquisition is attempted. If the Chroma “Blade” Camera Drone UAS does not reacquire control link data from the GCS, the UAS will assume that the Con trol L ink is lost and the UAS will return to the home position (i.e., RETURN HOME function) via GPS, and will descend to the takeof f position and shutdown. Refer to the UAS’ User Manual, attached hereto asExhibit B. **iv . The Chr**  **om a “Blade” Camera Dr**  **one U AS**  **And Its Operation.** A description of the operation and specifications of the Chroma “Blade” Camera Drone and flight controls is provided in the Chroma “Blade” Camera Drone UAS User Manual

- attached hereto as Exhibit B.

**b. Flight Operations Of Chr om**  **a “B lade” Camera Dr**  **one UAS is Limited To**  **The Line Of Sight Of A**  **Certificated Pilot in Command With A**  **Safety Observer** 

**.** Michael Smith will be the only certified pilot who possess a current and valid airman medical certificate to act as a pilot in command (PI C ) of the Chroma “Blade” Camera Drone UAS. Additionally , a safet y observer will assist during flight time operations.

**c. Flights Of Chr om**  **a “Blade” Camera Dr one UAS**  **Wi ll Be Conducted**  **Pursuant T**

**o Specific Operating Limitations.** In seeking this exemption, Michael Smith proposes to commerciall y operate the Chroma “Blade” Camera Drone UAS for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations:

1. Operat ions authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: Chroma “Blade” Camera Drone Unmanned Aircraft Sy stem. Proposed ope rations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photograph y.
3. The UAS may not be fl own at an indicated airspeed exceeding 20 knots.

4. The UAS must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated b y the procedures specified in the operating documents unless a special request is made and approved b y AT C. All altitudes reported to AT C must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, as specified on the PIC’ s F AA

- issued airman med ical certificate.

6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted.7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PI C alway s maintains VLOS capability . The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PI C with seeing and avoiding other air traf fic and other ground base d obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepanc y exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator ’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that an y update or revision would af fect the basis upon which the F AA granted the exemption, then the operator must petition for amendment to its grant of exemption. The F AA ’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that af fects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 11

. An y UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft r ecords.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents.13. The operator must follow the UAS manufacturer ’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered be tween inspections.

17. The PI C must possess at least a private pilot certificate and at least a current third

- class medical certificate.

18. The operator may not permit any PIC to operate unless the PI C meets the operator ’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight hours must be logged in a manner consistent with 14 C.F .R. § 61.51(b). Flights for the purposes of training the operator ’s PI Cs are permitted under the terms of the exemption. However, training operations may onl y be conducted dur ing dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants i n accordance with 14 C.F .R. § 91.1 19.

19. UAS operations may

not be conducted during night, as defined in 14 C.F .R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request wil l be made at the F AA of fice closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UAS may not operate within 5 nautical miles of an airport reference point as denoted on a current F

AA

- pub lished aeronautical chart unless a letter of agreement with that airport’ s management is obtained, and the operation isconducted in accordance with a NOT AM as required by

the operator ’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C.

22. If the UAS loses communications or loses its GPS signal, it must return to a

pre

- determined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PI C must abort the flight in the event of unpredicted obst acles or emergencies in accordance with the operating documents.

24. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing po int and land the UA with 25% battery

power remaining.

25. The operator must obtain an Air T raf fic Organization (A

TO) issued Certificate of W aiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOT

AM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the AT O issued COA including clas s of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F .R. part 47, and have identification (N

- Number) mar kings in accordance with 14 C.F .R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA

must comply

with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer th an 14 C.F .R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS an y time the UAS is operating. These documents must be made available to the Administrator or any law enforcement of

ficial upon request.

29. The UA

must remain clear and yi eld the right of way to all manned aviation operations and activities at all times.30. The UAS may not be operated b y the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 fe et from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that suf ficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediatel y and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk of operating cl oser to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.1 19(a).

32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

33

. An y incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA

must be reported to the F

AA's UAS Integration Of fice (AFS

- 80) within 24 hours. Accidents must be rep orted to the National Tr ansportation Safet y Board (NTSB) per instructions contained on the NTSB W eb site: www .ntsb.gov

.