December 08,	2015

U.S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE	Washington,	DC	20590

Exemption	Request	under	Section	333	of	the	FAA	Modernization	and	Reform	

Act	of	2012	and	14	C.F.R.	Part	11	

Dear	Sir	or	Madam:	

FlySmart	Academy,	LLC (FSA)	requests	exemptions	from	several	provisions	of	the	

Federal	Aviation	Regulations	(FAR)	in	accordance	with	Section	333	of	the	FAA	

Modernization and	Reform	Act	of	2012.	FSA seeks	exemption	in	order	to	

commercially	operate	the	Phantom	3 unmanned	aircraft	system	(UAS) for	the	

purposes	of	training, education,	demonstration,	and	aerial	photography.		Our	senior

instructors	hold FAA	commercial	pilot	licenses,	CFI, CFII,	and	MEI, third class	

medical	certificates,	and	have	decades	of	combined	flight	instruction	experience,	

both	manned	and	unmanned.	

This	exemption	is	in	accordance	with	protocols	outlined	in	this	petition	for	

exemption, the	enclosed	DJI	Phantom	3	user manual,	FSA	risk	assessment, and	any	

other	requirements	established	by	the	FAA	pursuant	to	Section	333	of	the	Reform	

Act.

FlySmart	Academy is	an	online	UAS	training company	whose	members	have	

thousands	of	hours	of	manned	and	unmanned	dual	given	instructional	time.	It	

proposes	to	use	a	small,	lightweight	UAS	– the	DJI	Phantom	3 - for	training,	

demonstration,	and	aerial	photography purposes.	The	Phantom	3 is	an	electric	

powered	UAS,	equipped	with	four	motors	weighing	no	more	than	three	pounds.	

This	exemption	will	permit	FSA to	safely	operate	UAS under	controlled	conditions	

and	in	sterile	environments	for	the	purpose	of	flight	training, demonstration,	and	

aerial photography.	 Approval	of	this	exemption	will	enhance	overall	safety	and	

fulfill	the	Secretary	of	Transportation's	responsibilities	to	“...	establish	requirements	

for	the	safe	operation	of	such	aircraft	systems	in	the	national	airspace	system"	

Consistent	with	Section	333(c)	of	the	Reform	Act.	

The	name	and	address	of	the	petitioner	is:	

FlySmart	Academy

Attn:	Leonard	Breeding

Phone:	707-430-7456

Email:	leebreeding@flysmartacademy.com	
Address:	14205 SE	36th St.	STE	100-288,	Bellevue,	WA		98006

Description	of	Flight	Operations	

To	preserve	the	safety	of	manned	aircraft	operations,	the	NAS,	and	property, FSA

will	maintain	the	following	limitations	and	conditions	during	all	commercial	flight	

operations:	

1. The Phantom 3 will weigh less than 3 pounds. 

2. All flights will maintain direct visual line of sight of the Operator In Command 

and trained Visual Observer (Both OIC and VO will hold a current Class III medical 

certificate at minimum). The VO and OIC must be able to communicate verbally 

at all times. The OIC must be designated before the flight and cannot transfer his 

or her designation for the duration of the flight. 

3. Visual observers will receive no less than one hour of ground instruction on their 

required duties to maintain obstacle and collision avoidance for all flight 

operations. Additionally, visual observers will have a current FAA class 3 medical 

certificate in their possession while performing observation duties.

4. Geo-fencing will be utilized during all flight operations to maintain altitudes 

below 200 feet AGL at all times. 

5. If the UAS loses communications signal, the UAS will have the capability to return 

to a pre-determined location within the sterile flight zone and land. 

6. The Operator In Command (OIC) must abort the flight in the event of 

unpredicted obstacles or emergencies. 

7. Flights will be conducted in VFR conditions and cloud separation of 500’ below 

and 2000’ laterally will be observed. Flight above clouds will not be permitted.

8. Prior to each flight, the OIC will obtain an official weather briefing for the area of 

operation from CSC DUATS no more than one hour prior to the planned flight 

operations. 

9. No flight operations will be conducted at night. 

10. The UAV will maintain a lateral distance of at least 500 feet from nonparticipants to maintain a sterile flight zone. If non-participants enter the sterile 

flight zone, flight operations will cease until the flight zone is cleared. 

11. 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. 

12. The Phantom 3 must remain clear and yield the right of way to all other manned 

flight operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 

13. Prior to each flight, the OIC must inspect the Phantom 3 to ensure it is in a 

condition for safe flight. 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. 
14. If any maintenance or alterations that affect the Phantom 3 operation or flight 

characteristics are performed (e.g. replacement of a flight critical component), 

the aircraft must undergo a functional check flight. The OIC who conducts the 

functional check flight must make an entry in the aircraft logbook associated 

with that UAS. 

15. The operator must carry out maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, and alterations must be noted in the aircraft flight and maintenance

logbook, including total flight hours, description of work accomplished, and the 

signature of the authorized maintenance personnel or OIC returning the 

Phantom 3 UAS to service. 

16. The UAS operated under the exemption must comply with all manufacturer 

system and safety bulletins. 

17. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UAS must comply with the Federal Communications 

Commission or other appropriate government oversight agency requirements. 

Radio control will be maintained on the 2.4ghz band. An FCC license is not 

needed to utilize these frequencies. 

18. All training operations shall be conducted in Class G airspace. 

19. During operations in Class G airspace, the Phantom 3 may not operate within 5 

nautical miles of the geographic center of an airport as denoted on a current,

FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. 

20. Any 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 FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents 

meeting the requirements of 49 C.F.R. Part 830 must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web 

site: www.ntsb.gov. 

FSA requests the following exemptions under Section 333:

Part 21 Subpart H Airworthiness certification 

4 Page – FSA Exemption Request 

14 C.F.R. § 45.23(b)

14 C.F.R. § 61.113(a) and (b)

14 C.F.R. § 61.133(a)

14 C.F.R. § 91.7(a) and (b)

14 C.F.R. § 91.109(a)

14 C.F.R. § 91.119

14 C.F.R. § 91.121
14 C.F.R. § 91.151(a)

14 C.F.R. § 91.203(a)(1) and (2) 14 C.F.R. § 91.405; 407; 409; 417 

Part 21 Subpart H 

Markings

Private pilot privileges

Commercial pilot privileges

Civil aircraft airworthiness

Flight Instruction

Minimum safe altitudes

Altimeter Settings

Fuel requirements for Flight in VFR Conditions Civil aircraft certifications

Maintenance Inspections 

Part 21 Subpart H prescribes procedural requirements for the issue of airworthiness 

certificates. FSA requests exemption from this subpart to operate the Phantom 3

without the requirement for an airworthiness certificate. Based on the proposed UAS 

being limited in size, weight, speed, operating capabilities, and operating within visual 

line of sight, FSA believes that an airworthiness certificate is not necessary to ensure an 

equivalent level of safety to manned aircraft operations. 

14 C.F.R. § 45.23(b): Display of marks; general 

As the proposed UAS does not have any entrances to the cockpit or cabin FSA requests 

that in order to identify the aircraft as an experimental type the word “EXPERIMENTAL” 

will be displayed in 2 inch lettering on the fuselage. 

14 C.F.R. § 61.113(a) and (b): Private pilot privileges and limitations: Pilot in command 

14 CFR 61.11 3 (a) and (b) state that: 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds 

a private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person. For 

compensation or hire, act as pilot in command of an aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft 

in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire. 
FSA requests exemption from 14 C.F.R. § 61.113(a) and (b) to allow FSA to commercially 

operate the Phantom 3 UAS with operators holding private pilot certificates. Sections 

61.113 (a) & (b) limit private pilots to non-commercial operations. However provided in 

recent documentation, it has been determined that the private pilot and commercial 

pilot certifications meet the same basic knowledge of airspace through ground school 

and not flight training (See Regulatory Docket No. FAA-2014-0352 page 16-17). A 

commercial pilot's certification ensures that a pilot is able to safely commercially 

operate a manned aircraft, not a UAS. Applying manned commercial pilot certification 

requirements do not significantly add to the safety of UAS operations. FSA’s operating 

procedures will ensure its UAS operators are trained to conduct UAS operations with an 

equivalent level of safety to the training advantages obtained by a certificated 

commercial pilot for manned aircraft operations.

All FSA operators will possess a Private Pilot Certificate and current Class III medical, at 

minimum.

14 C.F.R. § 61.133(a): Commercial pilot privileges and limitations 

FSA requests exemption from 14 C.F.R. § 61.133(a) in accordance with the above 

request enabling an operator with a private pilot certificate to operate the Phantom 3

UAS commercially. Based on aircraft simplicity and visual line of sight operations this 

exemption would not degrade safety of the NAS or manned aircraft operations. 

14 C.F.R. § 91.7(a) and (b): 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 Phantom 3 and the description of proposed 

operations above, an equivalent level of safety will be provided. 

B. 14 CFR § 91.103: Preflight Action 

FSA requests an exemption from the preflight actions requirements of 14

CFR 91.113 that prescribes the preflight actions under which aircraft may operate: Each 

pilot in command shall, before beginning a flight, become familiar with all available 

information concerning that flight. 

(a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot

be completed, and any known traffic delays of which the pilot in command has been 

advised by ATC; 
(b) For any flight, runway lengths at airports of intended use, and the following takeoff 

and landing distance information: 

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing 

distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under 

expected values of airport elevation and runway slope, aircraft gross weight, and wind 

and temperature.

All FSA flights will be conducted in VFR conditions. No takeoff and landing distances are 

published for the Phantom 3 by the manufacturer. An equivalent level of safety will be 

provided by the OIC obtaining all pertinent weather information from an official FAA 

weather source (ex. Flight Service, CSC DUATS). 

14 C.F.R. § 91.109(a): Flight instruction 

This section 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. 

Due to the size and simplicity of the Phantom 3 UAS, transfer of control will be 

accomplished by simply taking possession of the transmitter. At all times during student 

flight, the instructor will remain within easy reach of the return-to-land switch and can 

engage RTL in the event that immediate action is needed. Otherwise, a verbal and 

physical, positive exchange of flight control will be standard procedure. Positive 

exchange of flight control will be trained and tested before the student’s first training 

flight. OIC authority will be the responsibility of the instructor at all times. If persons 

not associated with operations enter the flight area, flying traffic is spotted, or if any 

increase in risk is encountered, flight control will immediately be transferred to the 

instructor and the flight will be aborted. Training flights will be limited to 200’ AGL by 

means of geo-fencing using current DJI software. At no time will carbon fiber propellers 

be utilized during training operations.

14 C.F.R. § 91.119: Minimum safe altitudes 

FSA requests an exemption from the minimum safe altitude requirements of 14 CFR 

91.119 that prescribes the minimum safe altitudes under which aircraft may operate: 

 Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within 

a horizontal radius of 2,000 feet of the aircraft. 
 Over other than congested areas at an altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. 

Section 91.119 (d) allows for a helicopter to operate at less than those minimum 

altitudes when it can be operated "without hazard to persons or property on the 

surface," provided that "each person operating the helicopter complies with any 

routes or altitudes specifically prescribed for helicopters by the FAA." 

To provide the intended operations, the Phantom 3 will be operated below 200

feet AGL. Additionally, the UAS will remain in constant visual line of sight. 

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

This regulation requires that each person operating an aircraft shall maintain the 

cruising altitude or flight level of that aircraft, as the case may be, by reference to "the 

current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft.” 

FSA seeks an exemption because the Phantom 3 does not have a barometric altimeter, 

but rather a GPS altitude read out. The UAS will be programmed to remain below 200

feet AGL regardless of OIC control input, thus ensuring operation at safe altitudes. 

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

FSA requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR 

conditions. Section 91.151 states: 

(a) No person may begin 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 25 minutes; or 

(2) At night, to fly after that for at least 45 minutes.

The battery powering the Phantom 3 provides approximately 18 minutes of flight time. 

Training operations will be limited to a minimum voltage to ensure appropriate reserve 

battery to maintain an equivalent level of safety at all times. If the OIC fails to land the 

UAS prior to the allotted minimum voltage, the UAS will autonomously return to it’s 

original launch position. 
14 C.F.R. § 91.203(a)(1) and (2): Civil aircraft: Certifications required 

Under the proposal FSA would not be operating the UAS with an airworthiness 

certificate as requested under the exemption for Part 21 Subpart H. The exemption for 

this section is required as FSA would not be able to display the airworthiness certificate 

in accordance with 14 C.F.R. § 91.203(a)(1) and (2). 

14 C.F.R. § 91.405; 91.407; 91.409; 91.417: 

Maintenance/Operations/Inspections/Records 

These regulations specify maintenance and inspection standards in reference to 14 CFR 

Part 43. 14 CFR 91.405(a) (stating that each owner or operator of an aircraft "shall have 

the aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections...have discrepancies repaired as prescribed in part 43 of this chapter"). 

An exemption is requested as these sections require the aircraft be inspected in 

accordance with Part 43 and is needed as these sections apply only to aircraft with an 

airworthiness certificate. An equivalent level of safety will be achieved by the OIC

following the DJI User’s Manuals. The operator will ensure that the UAS is in working 

order prior to each flight, perform a preflight checklist in accordance with the FSA 

Phantom 3 preflight checklist before each flight, and maintain a detailed log of 

maintenance performed. The Phantom 3 Flight Log will be provided separately for 

reference.

Why is this exemption request in the public’s best interest? 

By granting this exemption request, FSA will be able to provide exemplary flight training 

to its students in person and to the public via online or in-person safety tutorials. Our 

intention is that this training will hugely benefit the unmanned aircraft integration 

process as well as facilitate safety to manned aircraft operations in the National 

Airspace System. The training provided to students will lead to a better understanding 

of the unmanned aircraft’s limitations and safety measures. This knowledge is critical to 

the future of unmanned aircraft operations and to the safety and well-being of 

individuals and property on the ground, air-born traffic, and wildlife. For all of the 

reasons provided in this request, granting FSA this exemption is truly in the public’s best 

interest. 

The following appendices provided by FSA will further enhance safe operation of the 

Phantom 3 UAS at all times: 

Appendix A: FSA UAS Risk Assessment

This document will be used to assess the level of risk before each flight and will 

recommend a course of action for each risk level.
Appendix B: FSA UAS Maintenance Log

This document will be used to track any scheduled or unscheduled maintenance 

performed on the aircraft. The maintenance log will be kept accessible during all flight 

operations.

Appendix C: FSA UAS Flight Log 

The Phantom 3 Flight Log will be updated at the end of every flight operation. It includes 

the date, operator name, aircraft flight time, total aircraft flight time, and whether the 

flight was a functional check flight. The flight log will be kept accessible during all flight 

operations.

Appendix D: FSA Phantom 3 preflight checklist (abbreviated)

This document will be used to preflight the Phantom 3 prior to each flight in order to 

ensure that the aircraft is in a safe condition for flight.

Appendix E: FSA Phantom 3 preflight checklist (expanded)

This document is the expanded version of the preflight checklist. This version is 

designed to explain, in detail, the associated steps of the abbreviated version. While the 

expanded version was not designed for use in preparation for a flight, it should be used 

as a study guide and reference to increase knowledge and expertise of the abbreviated 

version of this checklist.