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October 26, 2015

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., S.E.

Washington, DC 20590

RE: Exemption pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14. 

C.F.R. Part 11.

I. Name and Information

SOKY Drones, LLC

Owner: Donald P. Smith

2600 Chandler Drive

Apt 1515

Bowling Green, Kentucky 42104

270-799-8110

sokydrones@gmail.com

All mentions of the name “Donald P. Smith” are inclusive of “SOKY Drones, LLC”.

II. 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) & (b); 14 CFR 91.7 (a); 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) (1) & (2); 14 CFR 91.417 (a) & (b).

III. The Extent of relief Donald P. Smith seeks and the reason he seeks such relief:

I, Donald P. Smith, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331 

– 334, seeking relief from any currently applicable FARs that prevent me from contemplated

commercial operations utilizing a small, unmanned aerial system (UAS) to include:

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

surveying, engineering and other related professional activities.

o Aerial inspection/photography of residential and commercial structures under contract

with the owners of same.

o Aerial inspection/photography of commercial infrastructure under contract with the 

owners of same.
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o Aerial photography/video and live video feed to assist search and rescue operations in 

cases of emergency or natural disaster, when local authorities or governments have 

requested same by contract or donation.

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

National Airspace System (NAS) that would be a) limited, b) controlled, c) predetermined and d) 

conducted in a manner that enhances safety relative to existing manned aircraft operations. 

My UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and the

integration of any sUAS is expressly contemplated by the Reform Act. I would like to operate my 

UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules 

governing such craft. The Reform Act guides the Secretary in determining the types of UAS’s 

that may operate safely in our national airspace system. Considerations include: the weight, 

size, speed and overall capabilities of the UAS’s; whether the UAS will be operated near airports 

or heavily populated areas; and whether the UAS will be operated by line of sight. Each of these 

items reflects in favor of an exemption for me, Donald P. Smith.

I will operate one UAS, the Yuneec Q500 4K. This UAS utilizes four (4) counter-rotating 

propellers driven by electric motors for balance, control and stability. This UAS is equipped with 

GPS and auto return (return home) safety technology and weigh less than 5 pounds including 

camera and gimbal. This UAS is capable of vertical and horizontal operations and is only flown 

within site of the Pilot in Command (PIC). The UAS utilizes lithium polymer batteries for energy. 

Additional technical data on the Yuneec Q500 4K is included in Attachment A.

Due to the small size, range, payload and proposed operational safety limitations, this small UAS 

does not pose a national security issue and will provide public benefit via enhanced safety 

relative to manned aircraft conducting similar operations and reduced environmental impact.

IV. Equivalent Level of Safety:

I, Donald P. Smith, hold a Private Pilot license, am familiar with the FAR’s and am very safety 

conscious. I will ensure that all operations are conducted in a manner that places the safety of 

the public first and foremost. To ensure safe operation I will ensure that the following 

limitations and conditions are met on each flight to provide the level of safety required by the 

FAA under this exemption, including:

1. Operations authorized by this grant of exemption are limited to the Yuneec Q500 4K

weighing less than 55 pounds including payload. 

2. The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour). In 

no case will the UAS be operated at airspeeds greater than the maximum operating airspeed 

recommended by the aircraft manufacturer.

3. The UAS will be operated at an altitude of no more than 400 feet above ground level

(AGL). It’s anticipated that all commercial operations will be conducted below 200 feet AGL.
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4. The UAS will be operated within Visual Line of Sight (VLOS) of the PIC at all times.

This requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S. driver’s license.

5. All operations will utilize a Visual Observer (VO). The UAS will be operated within the 

VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long 

as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate 

verbally at all times. The PIC will be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform the duties

required of the VO.

6. This exemption and all documents needed to operate the UAS and conduct its

operations in accordance with the conditions and limitations stated in this grant of exemption, 

are hereinafter referred to as the Operating Documents. The Operating Documents will be 

accessible during UAS operations and made available to the Administrator upon request.

7. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g., replacement of a flight critical component, will undergo a 

functional test flight prior to conducting further operations under this exemption. Functional 

test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from 

other people. The functional test flight will be conducted in such a manner so as to not pose an 

undue hazard to persons and property.

8. The operator is responsible for maintaining and inspecting the UAS to ensure that it is

in a condition for safe operation.

9. Prior to each flight, the PIC will conduct a pre-flight inspection and determine that 

the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential 

discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a 

condition that affects 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.

10. The operator will follow the UAS manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and aircraft components.

11. Each UAS operated under this exemption will comply with all manufacturer safety 

bulletins and firmware updates.

12. Under this grant of exemption, the PIC must hold either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA 

airman medical certificate or a valid U.S. driver’s license as required by 14 C.F.R. § 61.23.
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13. The operator will not permit any PIC to operate unless the PIC demonstrates the

ability to safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vessels, vehicles and structures. PIC qualification flight hours and 

currency will be logged in a manner consistent with 14 CFR § 61.51(b). 

14. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All

operations will be conducted under visual meteorological conditions (VMC). 

15. The UAS will not operate within 5 nautical miles of an airport reference point (ARP) 

as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with 

an ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical 

chart, unless a letter of agreement with that airport’s management is obtained or otherwise 

permitted by a COA issued to the exemption holder. The letter of agreement with the airport 

management will be made available to the Administrator or any law enforcement official upon 

request.

16. The UAS will 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 PIC.

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

pre-determined location within private or controlled-access property.

18. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

19. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather conditions) there is enough available power for the UAS to conduct the intended 

operation and to operate after that for at least three minutes or with the reserve power 

recommended by the manufacturer if greater.

20. Documents used by the operator to ensure the safe operation and flight of the UAS 

and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the 

Ground Control Station of the UAS any time the aircraft is operating. These documents will be 

made available to the Administrator or any law enforcement official upon request.

21. The UAS will remain clear and give way to all manned aviation operations and

activities at all times.

V. Regulations from which Exemption is Requested:

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. 
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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. (less than 5 lbs.) fully loaded, carry neither a pilot nor

passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within 

a secured and designated area. 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 will 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. 

An equivalent level of safety can be achieved by current Regulations because the applicant’s 

UAS does not carry any pilots or passengers or property. The risks attendant to the operation of 

the UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. 

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 exists for determining airworthiness. Given 

the size of the aircraft and use of safety check lists prior to each operation an equivalent level of 

safety will be provided.
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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 the manufacturer operations 

manuals in the pre-flight inspection section, 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 91.109 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’s 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. My UAS will always 

operate below 400 feet AGL and it is anticipated that all operations will be conducted below 200 

feet AGL. 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. 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 is needed. 
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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 or other altitude measuring instrument 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; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 25 minutes of powered flight with safe 

reserves. To meet the 30 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 VFR 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 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 10 minutes or less 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 20 minutes or 25% of remaining 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 Certifications

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 weigh less than 55 lbs. and are 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 and 

Records.

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. As 

my UAS will not require an airworthiness certificate these sections do not apply. 

However, an equivalent level of safety will be achieved by regularly inspecting the UAS’s, in 

addition to pre-flight inspections, and maintaining them according to the manufacturer’s 

recommendations. All maintenance will be documented and logged.
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VI. Summary of Publication Pursuant to 14 C.F.R. Part 11:

The following summary is provided for publication in the Federal Register, should it be 

determined that publication is needed: SOKY Drones, LLC (Donald P. Smith, owner) seeks an 

exemption from the following rules:

14 CFR 21, Subpart H; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 91.7 (a); 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) (1) & (2); 14 CFR 91.417 (a) & (b) to operate small , unmanned aircraft 

systems (UAS’s) for commercial image acquisition operations. 

As established by the UAS exemptions already granted by the FAA, allowing commercial 

operations of UAS’s in agriculture, real estate, inspection, and Search & Rescue operations will 

enhance safety by reducing risk. Conventional aerial operations using piston and turbine 

powered aircraft, operate at low altitudes and present the risks associated with aircraft that 

weigh 2,000 pounds or more, and carry large amounts combustible fuel. Such aircraft must also 

fly to and from the target location. 

In contrast, a UAS weighing less than 55 pounds and powered by batteries eliminates virtually all 

of that risk given the small size and lack of combustible fuel. The UAS is carried, and not flown, 

to target site. The UAS carries no passengers or crew and, therefore, will not expose them to the 

risks associated with manned flights. The operation of the UAS conducted in the strict 

conditions proposed will provide an equivalent level of safety supporting the grant of 

the exemption requested herein. The UAS will operate at slow speeds, close to the 

ground, and in a secure environment. As a result, they are far safer than conventional 

operations conducted with piston and turbine aircraft flying near the ground and 

people.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security) provide more than adequate justification to grant SOKY 

Drones, LLC and Donald P. Smith the requested exemption, allowing commercial operations of 

the applicant’s UAS.

Respectfully Submitted,

Donald P. Smith

Owner: SOKY Drones, LLC