July

17 , 2015
U. S. Department of Transportation Docket Management Sy stem 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 Sy stems ( "UASs") for aerial photograph y and video fi lm ing , 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) hereb y 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 UA S 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) predetermine d, (iii) subject to controlled access, and (iv) provide greater safety i n connection with aircraft operations. As established by

the exemptions already

granted by

the FAA, approval of Robert W. Smith 's exemption would enhance safet y and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the safe operation of such aircraft s ys tems in the national airspace s ys tem." 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 Phy sical 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 ad d on rating. a. In excess of 1000 hours in various aircraft. 2. Retired S an 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 f l ight 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 s ys tems may operate safel y in the national airspace sy stem (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 ty pes 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 o peration of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the ope rator. The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authorit y b y 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 b y 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 5 0 knots, can hover, and can simultaneously move verticall y and horizontally.  Robert W. Smith will only operate its UASs in line of sight and w ill operate only within the sterile area. Such operations will insure that the UAS will "not create a hazard to users of the national airspace s ys tem 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 safet y” )**DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM (UAS):**

1. 3DR Solo a. Weight: 3.3 lbs with battery

. i. Battery : Lithium poly

mer, 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, humi dity , flyingst yl e 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. Wi nd 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 photograph y and video film ing , 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 (onl y 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 a ccordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F .R. Part 45 , I dentification and Registration 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 a pplication presents no national security issues. Based on the substantial level of safety

surrounding the proposed operations, and the significant public benefit (enhanced safet y), reduction in environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingl y, Robert W. Smith respectfull y 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 photograph y 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 operatio n will consist of the UAS Pilot and the Visual Observer, 6. UAS pilot will be an FAA licensed airman with at least a privat e 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 produc tion 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 involve d 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 safet y determination. With the advanced permission of the relevant FSDO, operations at closer range can be approved. 11. For photograph y and photo missions, the operator will submit a written Plan of Activities to the FSDO three day s before the proposed mission. 12. Pilot and observer will have been trained in operation of UAS generally and received up

- to

date information on the particular UAS to be operated. 13. ALL crew members will at all times be able to communicate b y 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 onl y after properl y 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 cit y jurisdictions, including loca l 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 p erimeter 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 a s 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 day s; 3. Received training in the safe operation of the UAS to be operated. Training will include: a. Normal and emergency modes of operation b. F amiliarization with the operation manual published by the UAS manufacturer. Ty pes of maneuvers to be performed during operations including safe operation in relation to persons, property and applicable airspace using the actual UAS or manufacturers simulat ion software. c. Ty pes 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 rad io communication. 5. Have received training on the National Airspace Sy stem 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 Sy stem 14 CFR 71 and the basic VFR weather minimums outlined in 14 C.F.R. 91.155.
**THE PLAN OF ACTIVITI ES** **:** The Plan of Activities must include the following:
 Dates and times for all flights;
 Name and phone number of the person responsible for the photograph y of the filming event;
 Name and phone number of the person responsible for the aircraft;
 Make, model and serial number and/or r egistration number of all UAS to be used;
 Name and cert ificate 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 con duct the event;
 Signature of Waiver Holder or representative;
 A description of the flight activity including maps or diagrams of any area, city , town, count y, and/or State over which filming will be conducted and the minimum altitudes essential to acc omplish the operation.
 Briefing for Photograph y and Film Missions
 Written request by

law enforcement or fire agency to assist is emergency operation. An y 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 addit ional provisions issued by the Flight Standards District Office havin g 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 securit y breach o Recall procedures. o Emergency

procedures. o Possible risk to personnel that are involved. o Control o f non

- participating persons. o Location of boundaries or deadlines, man

- made or natural, r eadily 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 o r 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 br each of perimeter security occur, or for an y 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 WHI CH THE APPLICANT REQ**  **UESTS 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 b y the discrete COA applications filed . These o perations will ensure that the UAS will “not create a hazard to users of the national airspace s ys tem 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 squarel y within that zone of sa fet y (an equivalent level of safet y) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence immediatel y . Also, due to the size of the UAS platforms and the defin ed areas in which the relevant UAS will o perate, approval of the application presents no national securit y 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 o perations, 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. Accordingl y, the applicant respectfull y requests that the FAA grant the requested exempt ion 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 fro m it. Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required b y 14 C.F.R. § 91.203(a)(1). Given the size and limited oper ating area associated with the UAS platform s 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 pop ulated areas of the particular UAS. In all cases, an anal ys is of th ese 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 safet y 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. Part21, Subpart H. Application of these same criteria demonstrates that there is no credible threat to

national securit y 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 exe mption 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 f

inds 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 t o the cabin, cockpit or pilot station on which the word “Experimental” can be pla ced. 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 b y having the UAS marked on its fuselage as required b y 14 C.F.R. § 45.29(f) where the pilot, observ er and others working with the UAS will see the identification of the UAS as “Experimental.” The FAA has i ssued 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

- comm ercial operations. Because the UAS will not carry

a pilot or passengers, the proposed operations can achieve the equivalent level of safet y of current operations by requiring the PI C 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 planne d and coordinated in advance. The level of safety provided b y 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 as sociated with the operation of UAS are so diminished from the level of risk associated with commercial operations contemplated b y Part 61 when drafte d, that allowing operations of UAS as requested with a private pilot as the PI C excee ds the present level of safety achieved b y 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 PI C performing training activities under this exemption may not hold an FAA

- issued flight instructor certificate. An equivalent level of safety will be achieved b y the Applicant’s adhere nce 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 c ontained 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 th e 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 b y § 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 po int where the pilot flying th e 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 previousl y determined that an exemption f rom this regulation is not necessary , as relevant materials may be kept in a location access ible to the PI C 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 ce rtain actions before flight to insure the safet y 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 PI C following the procedures set forth in the SOP and Manufacturer Instructions. The PI C 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 a ircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning d ual controls. By

their design, UAS and remotel y piloted aircraft do not have fully functional dual controls. Flight control is acco mplished 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 experi mental aircraft. See Exemption Nos. 5778K and 9862A. The equivalent level of safety provided b y the fact that neither a pilot nor passengers will be carried in the aircraft and b y the size and speed of the aircraft.
For UAS platforms that require manual f light control, the PI C and the student that the PI C is training will use a “buddy box” sy stem utilizing two transmitters. The PI C 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 sy stem allows this level of control without having the PIC and student pass a ph ys ical 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 PI C is performing training on UAS platforms that utilize a computer, tablet, or other non - radio transmitter as their primary source of control, the PI C will provide an equivalent level of safet y 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, immediatel y 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 prescribe d 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 th e 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 b y

reference to an altimeter that is set “...to th e 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 safet y w ill 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 PI C 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 cruis ing speed

– (1) During the day , to fly after that for at least 30 minutes; or (2) At night, to fl y 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 (con sidering wind and forecast weather conditions) there is enough fuel (battery

voltage) to fl y to the first point of attending landing and, assuming normal cruising speed, to fl y after that for at least two minutes. The 3dr Solo has a computerized sy stem th at alerts at 25% battery life and a sy stem 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 Operatio ns Areas does not engender the t ype 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 civ il 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 fl yi ng 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 othe r 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 dail y, preflight, monthly and ye arl y checks for the aircraft. Adherence to this manual is sufficient to ensure that safety is not adversel y 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 t otal flight hours, description of work accomplished and the signature of the authorized UAS technician returning to service. Given that these section and Part 43 appl y only to aircraft with an airworthiness certificate, these sections will not apply

to th e 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 onl y 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 ens ure 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 i n an airworth y condition to provide the equivalent level of safet y. **FEDERAL REGISTER SUM MARY**  **:** 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 sy s tem 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 wi th manned aircraft. Approval of commercial training of UAS pilots will enhance safet y b y 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 outli ned 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 CONSIDERATIO NS** **:** All flights will occur over private or controlled access property with the pro perty

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 req uested herein. The Applicant looks forward to training the next generation of UAS pilots that will carry the commercial industry forward.
If you have an y questions or need an y additional information, please contact the undersigned at 760

- 508

- 0607 or bobsmith@san.rr .com. Sincerel y 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 E mail : bobsmith@san.rr.com

# ATTACHMENT A:

(SEE COPY OF MANUAL ATTACHMENT)

SOLO website with manual: 3drobotics.com/wp

content/uploads/2015/07/v4_07_07_15.pdf