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 i nstructors	hold FAA	commercial	pilot	licenses,	CFI , CFII,	and	MEI, third class medical	certificate s,	and	h ave 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 a ssessment, 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	us e	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	Sec retary	of	Transportation's responsib ilities	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.comAddress: 14205 SE	36 th 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 O IC and VO will hold a current Class III medical certificate at minimum ). The VO and O IC must be able to communic ate verbally at all times. The O IC must be designated before the flight and cannot transfer his or her designati on 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 curre nt 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 lo ses communications signal, the UAS wi ll 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 U AV will maintain a lateral d istance of at least 500 feet from non participants 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, ultra

light vehicle s, 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 a ny maintenance or alterations that affect the Phantom 3 operation or flight characteristics are p erformed (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 w ork 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 s afety b ulletins. 17. Before conducting operations, t he 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 airpo rt 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 f light 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. § 91.12114 C.F.R. § 91.151(a)

14 C.F.R. § 91.203(a)(1) and (2) 14 C.F.R. § 91.405; 4 07; 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 certifica tions 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; n or 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 incid ental 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 hold ing 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 kno wledge 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 man ned 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 adva ntages obtained by a certificated commercial pilot for manned aircraft operations. All FSA operators will possess a Private Pilot Certificate and current Class II I 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 le vel 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, b efore 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 fl ight 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 aircra ft 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 th is 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 con ditions. 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.
Du e 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 c an engage RTL in the event that immediate a ction 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 traini ng 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 ove r 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 9 1.119 (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 spec ifically 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 n autical 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 o peration 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 mi nutes; or (2) At night, to fly after that for at least 45 minutes.
The battery powering the Phantom 3 provide s approximately 18 minutes of flight time. Training operations will be limited to a minimum voltage to ensure appropriate reserve battery to main tain 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 re quired** 

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 certifi cate 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 requ ested 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 t his training will hugely benefit the unmanned aircraft integratio n process as well as facilitate safety to manned aircraft operatio ns 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 f** **urther 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 c hecklist**  **(abbreviated)** This document will be used to preflight the Phantom 3 prior to each flight in order to en sure that the aircraft is in a safe condition for flight

. **Appendix E :**  **FSA Phantom**  **3 pr eflight c**  **hecklist (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.