July 17, 2015 

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590 

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

Federal Aviation Regulations from: 14 CFR 45.23 (b); 14 CFR 21; 14 CFR 61.113(a) and (b); 14 

CFR 61 .113 (a) & (b); 91 .7 (a); 91.9 (b) (2); 91 .103; 91.109; 91.119(c); 91.121; 91.151(a); 

91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b). 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") 

and 14 C.F.R. Part 11, Robert W. Smith an operator of Unmanned Aircraft Systems ("UASs") 

for aerial photography and video filming, aerial data collection to include aerial surveillance, 

inspections, new content gathering, training/education, real estate photos & videos, and search 

and rescue to include emergency functions / aerial monitoring services for First Responders

(only at the request of the fire or law enforcement to assist in operations) hereby applies for an 

exemption from the Federal Aviation Regulations ("FARs") to allow commercial operation of its 

UASs. 

To date, the FAA granted numerous exemptions to UAS operators, as noted by the exemptions 

listed on the FAA website “Authorizations Granted” section. 

Robert W. Smith's requested exemption would permit the operation of small, unmanned UAS 

under controlled and sterile airspace that is: (i) limited, (ii) predetermined, (iii) subject to 

controlled access, and (iv) provide greater safety in connection with aircraft operations. As 

established by the exemptions already granted by the FAA, approval of Robert W. Smith's 

exemption would enhance safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities to "...establish requirements for the safe operation of such 

aircraft systems in the national airspace system." Section 333(c) of the Reform Act. 

APPLICANT INFORMATION: 

Robert W. Smith

Ph: 760-508-0607 (cell)

Ph: 760-254-3185 (home/office)

Email: bobsmith@san.rr.com

Physical address: 37124 Ghost Town Road, Yermo, CA 92398-1209

Mail address: Robert W. Smith, P.O. Box 1209, Yermo, CA 92398-1209

**This is a very rural area and does not receive mail deliver from US Post Office; all mail is 

received through post office box delivery.**
APPLICANT EXPERIENCE RELATIVE TO WAIVER:

1. Robert W. Smith is a Private Pilot with high performance add on rating.

a. In excess of 1000 hours in various aircraft.

2. Retired San Bernardino County Sheriff’s Detective/Watch Commander.

3. Prior assignment as a pilot with San Bernardino County Sheriff’s Aviation Division.

a. Numerous flights for Search & Rescue.

b. Numerous flights for aerial surveillance.

4. Former Search & Rescue Coordinator with San Bernardino County Sheriff’s.

5. UAS pilot with excess of 150 hours of flight time in quad & single rotary UAS’s.

6. Retired Fire Chief for the Yermo / Calico Fire Department. (Fire Chief Emeritus)

7. Lt. Col with US Air Force Auxiliary (CAP) for past 30 years.

a. Prior assignment as a pilot with US Air Force Civil Air Patrol.

i. Numerous flights for Search & Rescue.

ii. Numerous flights for aerial surveillance along the US/Mexico Border.

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the national airspace 

system (NAS) before completion of the rulemaking required under Section 332 of the Reform 

Act. In making this determination, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS or the public or pose a threat to national security in 

light of the following : 

• The UAS's size, weight, speed, and operational capability;

• Non operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under 

§401 01 of the Act that includes UASs, from the requirement that all civil aircraft must have a 

current airworthiness certificate. 

SUMMARY OF APPLICANT’S SCOPE OF OPERATIONS:

UASs operated by Robert W. Smith will follow the below scope of operations:

 Weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). 

 Operate at speeds of no more than 50 knots, can hover, and can simultaneously move 

vertically and horizontally.

 Robert W. Smith will only operate its UASs in line of sight and will operate only within 

the sterile area. Such operations will insure that the UAS will "not create a hazard to 

users of the national airspace system or the public. " 

 Any operations in or near emergency scenes will be at the request of law enforcement or 

fire.

 (refer to more detailed scope of operations under heading; “Aircraft and equivalent level 

of safety”)
DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM (UAS):

1. 3DR Solo

a. Weight: 3.3 lbs with battery.

i. Battery: Lithium polymer, 5200 mAh, 14.8 Vdc

b. Height: 10.2’

c. Motor to Motor: 18.1”

d. Estimated flight time: up to 25 minutes (dependent on payload, wind, elevation, 

temperature, humidity, flying style and pilot skill)

e. Payload capacity: 1 lbs (450 G)

f. Cruise speed: 18 mph (8m/s)

g. Maximum speed: 33 mph (15 m/s)

h. Wind speed limitation: 25 mph (11 m/s)

i. Operating temperature: 32 degree Far to 113 degree Far

SUMMARY OF APPLICANT’S UAS PROPOSED ACTIVITY:

Robert W. Smith seeks an exemption to operate the 3DR Solo UAS for compensation or hire 

within the NAS. Such activities include, but are not limited to, for aerial photography and video 

filming, aerial data collection to include aerial surveillance, inspections, new content gathering, 

training/education, real estate photos & videos, and search & rescue to include emergency

functions / aerial monitoring services for First Responders (only at the request of the fire or law 

enforcement to assist in operations). The Solo UAS has a maximum gross weight under 55

pounds, maximum speed of 33 mph (approximately 15 m/s), and a run time of approximately 25

minutes. A copy of the operating handbook for this aircraft will be submitted with this exemption 

request. 

The Solo UAS operated by Robert W. Smith 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 , Identification and Registration Marking . 

Given the small size of Robert W. Smith's UASs and the restricted sterile environment within 

which it will operate, Robert W. Smith's UAS operations adhere to the Reform Act's safety 

requirements. Additionally, due to the size of the UASs and the limited areas in which they will 

operate, approval of this application presents no national security issues. Based on the substantial 

level of safety surrounding the proposed operations, and the significant public benefit (enhanced 

safety), reduction in environmental impacts (reduced emissions and noise), the grant of the 

requested exemption is in the public interest. Accordingly, Robert W. Smith respectfully requests 

that the FAA grant the requested exemption without delay. 

Aircraft and equivalent level of safety:

The applicant proposes that the exemption requested apply to civil aircraft that have the 

characteristics and that operate with the limitations listed. These limitations provide for at least 

an equivalent or even higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to the already safe aerial 

photography and aerial filming for movie and television filming operations conducted with 

conventional aircraft. 
These limitations and conditions to which Robert W. Smith agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 25 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 25 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Minimum crew for each operation will consist of the UAS Pilot and the Visual Observer, 

6. UAS pilot will be an FAA licensed airman with at least a private pilot's certificate. 

7. UAS Pilot assumes all duties and responsibilities as Pilot in Command (PIC). 

8. The UAS will only operate within a confined "Sterile Area". Security will be performed by the 

operator and designated security personnel, if necessary.

9. A briefing will be conducted in regard to the planned UAS operations prior to each day's 

production activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing. 

10. For photo and film missions, the operator will obtain the consent of all persons involved in 

the mission and ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety 

determination. With the advanced permission of the relevant FSDO, operations at closer range 

can be approved. 

11. For photography and photo missions, the operator will submit a written Plan of Activities to 

the FSDO three days before the proposed mission.

12. Pilot and observer will have been trained in operation of UAS generally and received up-todate information on the particular UAS to be operated. 

13. ALL crew members will at all times be able to communicate by voice or radio 

communications as to ensure all crew members maintain a visual contact with the UAS at ALL 

TIMES. 

13a. “The FAA considered requiring the visual observer to be stationed next to the 

operator to allow for unassisted oral communication, but decided that this requirement 

would be unduly burdensome, as it is possible to have effective oral communication 

through a communication-assisting device.” The use of radio communication would be 

utilized for various emergency operations with First Responders, etc only after properly 

testing the proficiency of the radio.

14. Written and/or oral permission from the relevant property holders will be obtained.

15. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

16. If the UAS loses communications or loses its GPS signal, the UAS will have capability to 

return to a pre-determined location within the security perimeter and land.

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

emergencies. 

18. Any operations in or near emergency scenes will be at the request of law enforcement or 

fire.

*For emergency assistance with State and Government Agencies, such as assisting in search 

efforts, we ask that we be exempt from the 72 hour plan of activities notice. 
UAS Crew Requirements: 

UAS Pilot in Command must: 

1. Hold at least a FAA Private Pilot license.

2. Have logged a minimum of 100 takeoff and landing cycles and 25 hours of total time as a 

UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type 

(single blade or multirotor); a minimum of 5 hours as UAS pilot with the make and 

model of UAS to be utilized for operations under the exemption and 3 take offs and 

landings in the preceding 90 days; 

3. Received training in the safe operation of the UAS to be operated. Training will include: 

a. Normal and emergency modes of operation 

b. Familiarization with the operation manual published by the UAS manufacturer.

Types of maneuvers to be performed during operations including safe operation in 

relation to persons, property and applicable airspace using the actual UAS or 

manufacturers simulation software.

c. Types of maneuvers to be performed during operations.

d. Safe operation in relation to persons, property and applicable airspace.

e. Receive training on basic VFR weather minimums outlined in 14 CFR 91 .155

4. Be familiar with the use of VHF I FM radio communication.

5. Have received training on the National Airspace System 14 CFR 71 and 

the basic VFR weather minimums outlined in 14 C.F.R. 91.155. 

Observers must: 

1. Be familiar with the use of VHF I FM radio communication.

2. Have received training on the National Airspace System 14 CFR 71 and 

the basic VFR weather minimums outlined in 14 C.F.R. 91.155. 

THE PLAN OF ACTIVITIES:

The Plan of Activities must include the following:

 Dates and times for all flights; 

 Name and phone number of the person responsible for the photography of the 

filming event; 

 Name and phone number of the person responsible for the aircraft; 

 Make, model and serial number and/or registration number of all UAS to 

be used; 

 Name and certificate number, if applicable, of all crewmembers to be 

utilized in the event including copies flight logs to indicate currency; 

 A statement that the Waiver Holder has obtained permission from property 

owners and/or local governmental officials to conduct the event; 

 Signature of Waiver Holder or representative; 

 A description of the flight activity including maps or diagrams of any area, 

city, town, county, and/or State over which filming will be conducted and the minimum 

altitudes essential to accomplish the operation. 

 Briefing for Photography and Film Missions

 Written request by law enforcement or fire agency to assist is emergency operation. Any 

operations in or near emergency scenes will be at the request of law enforcement or fire. 
 Robert W. Smith and the event representative will conduct a verbal and written briefing 

for the members involved, including emergency, if applicable, and security personnel. 

This briefing will be conducted prior to each day's UAS activities and will include the 

following items. 

o Authorization UAS flight operations, Plan of Activities, special provisions and 

any additional provisions issued by the Flight Standards District Office having 

jurisdiction over the photo filming area. 

o Radio communications. 

o Takeoff procedures. 

o Aviation activities to be conducted during the event. 

o Approach and landing procedures. 

o Alternate landing zone in the event of emergency or security breach 

o Recall procedures. 

o Emergency procedures. 

o Possible risk to personnel that are involved. 

o Control of non-participating persons.

o Location of boundaries or deadlines, man-made or natural, readily visible to the 

participants .

o Local governmental limitations, restrictions, or any special circumstances, such as 

noise sensitive areas, time of day restrictions or changes in operating procedures. 

o Name of law enforcement or fire point of contact or liaison for operations

Security.

o Designated event personnel, private security officers or sworn law enforcement 

officers at the direction of Robert W. Smith will enforce the exclusion from the 

flight operations area of unauthorized persons, vehicles or aircraft. 

o Robert W. Smith or a designated representative will halt flight operations in the 

event unauthorized persons, vehicles or aircraft enter the flight operations area. 

o A predetermined abort signal will be used to halt flight operations should a breach 

of perimeter security occur, or for any other reason in the interest of safety. 

o Alternate UAS landing sites will be made available prior to the start of the event. 

REGULATIONS FROM WHICH THE APPLICANT REQUESTS EXEMPTION:

The Applicant requests exemption from the following regulations: 

14 C.F.R. Part 21, Subpart H 14 C.F.R. § 45.23(b)

14 C.F.R. § 61.113(a), (b) 14 C.F.R. § 61.3(d)(2)(iii) 14 C.F.R. § 91.7(a) (b) 

14 C.F.R. § 91.9(b)(2)

14 C.F.R. § 91.103

14 C.F.R. § 91.109

14 C.F.R. § 91.119(b), (c) 14 C.F.R. § 91.121 

14 C.F.R. § 91.151(a)(1)

14 C.F.R. § 91.203(a), (b) 14 C.F.R. § 91.405(a), (b) 14 C.F.R. § 91.407(a)(1)

14 C.F.R. § 91.409(a)(1)-(2) 14 C.F.R. § 91.417(a), (b) 
The UAS platforms the Applicant seeks approval to use through this exemption request all weigh 

55 pounds or fewer, including payload. They operate, under normal conditions at a speed of no 

more than 50 knots. The rotorcraft platforms have the capability to hover and move in the 

vertical and horizontal plane simultaneously. Each UAS platform will operate only in visual line 

of sight and will operate only within the Operations Areas defined by the discrete COA 

applications filed. These operations will ensure that the UAS will “not create a hazard to users of 

the national airspace system or the public,” as contemplated by Section 333(b) of FMRA. 

Given the small size of the UAS platforms involved and the limited environments within which 

they will operate, the applicant falls squarely within that zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UAS to commence immediately. Also, due to the size of the UAS platforms and 

the defined areas in which the relevant UAS will operate, approval of the application presents no 

national security issue. Given the clear direction in Section 333 of the FMRA, the authority 

contained in the Federal Aviation Act, as amended; the strong equivalent level of safety 

surrounding the proposed operations, and the significant public benefit in producing graduates 

that are trained in UAS operations, it is in the public interest to grant the requested exemption. 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption 

without delay. 

NARRATIVE REGARDING REQUESTED EXEMPTIONS:

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

The FAA has previously determined that no airworthiness certification is necessary for UAS 

platforms. See, e.g., Exemption No. 11110. The Applicant therefore believes that no exemption 

is necessary from Part 21, Subpart H. 

To the extent that the FAA finds that Part 21 is applicable to the Applicant’s proposed 

operations, the Applicant requests an exemption from it. Subpart H, entitled Airworthiness 

Certificates, establishes the procedural requirements for the issuance of airworthiness certificates 

as required by 14 C.F.R. § 91.203(a)(1). Given the size and limited operating area associated 

with the UAS platforms 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 

FMRA. The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the FMRA 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 operating 

with an airworthiness certificate without the restrictions and conditions proposed. 

The UAS platforms to be operated under this exemption all weigh less than 55 pounds, fully

loaded. The platforms carry no pilots or passengers, no explosive materials or flammable liquid 

fuels, and will operate exclusively within the Operations Areas defined in this application. 

Operations under this exemption will be tightly controlled and monitored by the operator. 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. Application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS platforms due to their 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 FAA has previously determined that an exemption from § 45.23(b) is not required for UAS 

platforms that do not need to be certified under Part 21. See, e.g., Exemption No. 11110. The 

Applicant therefore believes that no exemption is necessary from 14 C.F.R. § 45.23(b). To the 

extent that the FAA finds that § 45.23(b) is applicable to the Applicant’s intended operations, the 

Applicant requests an exemption therefrom as follows. 

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 platforms will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the UAS platforms, two-inch lettering may be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with 14 

C.F.R. § 45.29(f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as 

required by 14 C.F.R. § 45.29(f) where the pilot, observer and others working with the UAS will

see the identification of the UAS as “Experimental.” The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s 

certificate rather than a commercial pilot’s certificate to operate this UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing 

on board. The Operations Areas will be controlled and all flights will be planned and coordinated 

in advance. The level of safety provided by the requirements included in the Applicant’s SOP 

and the Manufacturer Instructions exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. The risks associated with the 

operation of UAS are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing operations of UAS as requested with a 

private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. § 61.113 (a) & 

(b). The FAA has approved UAS operations with a private pilot’s certificate in other exemptions. 

See, e.g., Exemption No. 11110. 
14 C.F.R. § 61.3(d)(2)(iii): Requirement for Certificates, Ratings, and Authorizations 

The regulation requires that “no other person other than the holder of a flight instructor 

certificate issued under this part with the appropriate rating on that certificate may . . . [e]ndorse 

a pilot logbook to show training given.” The Applicant requests exemption from this regulation 

as the PIC performing training activities under this exemption may not hold an FAA-issued flight 

instructor certificate. An equivalent level of safety will be achieved by the Applicant’s adherence 

to the procedures set forth in the SOP and the Manufacturer Instructions. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. An 

equivalent level of safety will be provided by the small size of the aircraft and the requirements 

contained in the SOP and Manufacturer Instructions for maintenance and use of safety check lists 

prior to each flight. The Applicant will ensure that the UAS is in an airworthy condition prior to 

each flight based on compliance with the specifications in the SOP and Manufacturer 

Instructions. 

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 platforms, given their size and configuration, have no ability or place to carry a flight 

manual. An 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. The FAA 

has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. The FAA has previously 

determined that an exemption from this regulation is not necessary, as relevant materials may be 

kept in a location accessible to the PIC and not on the UAS itself. See Exemption No. 11110. 

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 flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided through the PIC 

following the procedures set forth in the SOP and Manufacturer Instructions. The PIC will take 

all actions including reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. The PIC will account for all 

relevant site-specific conditions in the preflight procedures. The FAA has granted exemption

from this regulation to other UAS operators. See Exemption No. 11109. 
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. By their design, UAS and remotely piloted aircraft 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. See Exemption Nos. 5778K and 9862A. 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. 

For UAS platforms that require manual flight control, the PIC and the student that the PIC is 

training will use a “buddy box” system utilizing two transmitters. The PIC instructor will be able 

to control the UAS with his or her transmitter, flip a switch to transfer control to the student, and 

may flip the switch again to regain control. In this manner, the PIC instructor can demonstrate 

how to fly the UAS or perform a “rescue” of the UAS if the student makes a poor aeronautical 

decision. Use of the buddy box system allows this level of control without having the PIC and 

student pass a physical controller between them. The 3dr Solo is equipped with a “pause” button 

on the controller to put the UAS into a immediate hover and hold altitude.

When the PIC is performing training on UAS platforms that utilize a computer, tablet, or other 

non-radio transmitter as their primary source of control, the PIC will provide an equivalent level 

of safety through the use of a radio transmitter that can override autonomous control via a switch 

located on the radio transmitter. When this switch is activated, control is transferred from the 

autopilot to the transmitter, immediately taking the autopilot offline. The UAS will then be 

operated in the same manner as a basic radio controlled aircraft. The PIC will maintain visual 

line of sight at all times in order to determine whether such intervention becomes necessary. 

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

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

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

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for UAS that are similar to helicopters, and the exemption requests authority to 

operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. The 

UAS platforms will not be operated at higher than 400 AGL. 

Operations of the aircraft will be conducted at distances less than 400 feet from participating 

persons, vessels, vehicles or structures that perform an essential function in connection with 

these special purpose operations. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS

platforms as well as the locations where they are operated. The low-altitude operations of the 

UAS platforms 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 platforms may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level 

of safety will be achieved by the operator, pursuant to the SOP and Manufacturer Instructions, 

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

Altitude of the aircraft will be provided to the PIC via radio communications telemetry data link, 

which downlinks from the aircraft to the PIC for active monitoring of the aircraft’s altitude. 

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.” 

Given the limitations on the proposed Operations Areas, a longer time frame for VFR conditions 

is reasonable. Applicant believes that an exemption from 14 CFR § 91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with 14 C.F.R. § 91.151 (a)). 

The UAS will not begin flight unless (considering wind and forecast weather conditions) there is 

enough fuel (battery voltage) to fly to the first point of attending landing and, assuming normal 

cruising speed, to fly after that for at least two minutes. The 3dr Solo has a computerized system 

that alerts at 25% battery life and a system to RTB (Return to Base) automatically if the battery

gets critically low. A standard operation will be to manually return to base at the 25% battery

measurement.

Operating the UAS platforms in controlled Operations Areas does not engender the type of risks 

that Section 91.151(a) was intended to alleviate given the size and speed of the UAS platforms. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808. 

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

The FAA has previously determined that no airworthiness certification is necessary for UAS

platforms. See, e.g., Exemption No. 11110. The Applicant therefore believes that no exemption 

is necessary from § 91.203. However, to the extent that the FAA finds that section 91.203 is 

applicable to the Applicant’s operations, the Applicant requests an exemption therefrom. 

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 platforms weigh no more than 55 pounds fully loaded, 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. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

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

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. 

Robert W. Smith aircraft Information/Operator’s Manual contains daily, preflight, monthly and 

yearly checks for the aircraft. Adherence to this manual is sufficient to ensure that safety is not 

adversely affected.

Robert W. Smith will carry out its maintenance, inspections and record keeping requirements in 

accordance with the Aircraft Information/Operators Manual. Maintenance, inspection and 

alterations will be noted in the aircraft logbook, including total flight hours, description of work 

accomplished and the signature of the authorized UAS technician returning to service. 

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

sections will not apply to the Applicant. Maintenance will be accomplished by the operator 

pursuant to the SOP and the Manufacturer Instructions. An equivalent level of safety will be 

achieved because these UAS are very limited in size, will carry a small payload, and will operate 

only in defined Operations Areas for limited periods of time. If mechanical issues arise the UAS

platforms can land immediately and will be operating from no higher than 400 feet AGL. As 

provided in the SOP and Manufacturer Instructions, the operator will ensure that the UAS is in 

working order prior to initiating flight, perform required maintenance, and will keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of 

safety. 

FEDERAL REGISTER SUMMARY:

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: 
Applicant seeks an exemption from the following rules:

14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113(a), (b); 14 C.F.R. § 

61.3(d)(2)(iii); 14 C.F.R. § 91.7(a), (b); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.103; 14 C.F.R. § 

91.109; 14 C.F.R. § 91.119(b), (c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 

91.203(a), (b); 14 C.F.R. § 91.405(a), (b); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-

(2); and 14 C.F.R. § 91.417(a), (b), to operate a small unmanned aircraft system weighing less 

than fifty-five pounds for training purposes. 

Approval of exemptions allowing commercial operations of UAS platforms for commercial 

purposes will enhance safety by providing services to customers without the danger and cost 

associated with manned aircraft. Approval of commercial training of UAS pilots will enhance 

safety by providing trained UAS pilots for hire to the commercial UAS industry. The operation 

of UAS, weighing less than 55 pounds, conducted in accord with the conditions outlined above, 

will provide an equivalent level of safety supporting the grant of the exemptions requested 

herein, including exempting the applicant from the requirements of Part 21 and allowing 

commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, 

and in a sterile environment. As a result, UAS are far safer than conventional operations 

conducted with manned aircraft. 

PRIVACY CONSIDERATIONS:

All flights will occur over private or controlled access property with the property owner's prior 

consent and knowledge. Filming will be of people who have also consented to being filmed or 

otherwise have agreed to be in the area where filming will take place. 

CONCLUSION:

The Applicant requests that the FAA grant the exemption requested herein. The Applicant looks 

forward to training the next generation of UAS pilots that will carry the commercial industry

forward. 

If you have any questions or need any additional information, please contact the undersigned at 

760-508-0607 or bobsmith@san.rr.com. 

Sincerely yours, 

Robert W. Smith, 

Owner / Operator

37124 Ghost Town Road, Yermo, CA 92398-1209, 

P.O.Box 1209, Yermo, CA 92398-1209

T: 760-508-0607 Email: bobsmith@san.rr.com
ATTACHMENT A:

(SEE COPY OF MANUAL ATTACHMENT)

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