**January 1**  **9 , 2015** 

Benjamin and Edward Smith 64 Windrush Lane Andover, CT 06232 Phone 860
-742
-7439 Email: ecraigsmit@comcast.net

Federal Aviation Administration:
We, Benjamin and Edward Smith, are writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that we, Benjamin and Edward Smith, owners and operators of small unmanned aircraft, be exempted from the Federal Aviation Regulations ( “FARs”) listed below so that we, Benjamin and Edward Smith, may operate a small ultra
-light
-weight unmanned aircraft system ( “UAS” ) commercially in airspace regulated by the Federal Aviation Administration (“FAA”) in accordance with FAA UAS Regulations & Policies. We would like to formally submit for an exemption from the following Section 333 regulations: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.12 1, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b). to operate an upgraded Aerosky 550 UAS
. This upgraded UAS will be equipped with a detachable
camera and will be transported in proper storage. This proposed exemption would allow theoperation of unmanned aircraft systems (UAS) for the purpose of aerial videography / photography as
a service to the public/ business interests. As found in exemption No. 11138 (Trudeau), the FAA recently approved similar use of a Phantom 2 UAS. The upgraded Aerosky 5 50 is a UAS similar to that of the Phantom UAS. The upgraded Aerosky 550 is selected because it has proven reliable flying capabilities managed by gyro stabilized flight, ground detection, GPS aided navigation, a compass, blinking LEDs and failsafe mode for returning home
. This will act to further safety protocols exclusive to lightweight UAS’ s specific to video and photography usage as we, Benjamin and Edward Smith, record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulations.

**Specific section or sections of 14 CFR which we see k relief and the reason we seek relief:**  14 C.F.R. Part 21: Airworthiness Certificates Given the size and limited operating area associated with the aircrafts to be utilized by Benjamin and Edward Smith, an exemption from Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the reform Act. In all cases, an analysis of these criteria demonstrates that the UA operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate without restrictions and conditions proposed. 14 C.F.R. 45.23: Display of marks: general The UA does not have a cabin, cockpit, pilot station, fuselage, boom, or tail on which to mark certain words or phrases. Further, the two inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement.14 C.F.R. 61.113(a) &(b): Private pilot privileg es and limitations: Pilot in command The FAA has previously declared that additional manned airship experience of a commercially certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously

issued exemptions to this regulation through Exemption Nos. 11062 and 11138. 14 C.F.R 91.7: Civil aircraft airworthiness Currently, since there is no certificate applicable to the UAs in question, this regulation is inapplicable. 14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements Requires an aircraft flight manual in the aircraft, however there are no pilots or passengers on board this aircraft and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual with the operator. 14 C.F.R. 91.119(c): Minimum safe altitudes We, Benjamin and Edward Smith will ensure that UAS do not operate any higher than 400 feet at ground level and we will not fly over congested areas. We will plan operations before hand, for proper flight safety, and proper height analysis as to avoid collisions. 14 C.F.R. 91.121: Altimeter settings The UAS utilizes electronic GPS with a barometric sensor and magnetometer
. An equivalent level of safety will be achieved by using this. 14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions The UAS that we will fly are powered by electricity, using lithium poly mer batteries that currently have a f light limit of approximately no more than 20 minutes. Therefore, due to the limitations of the batteries, it is currently impossible to comply with part 91.151. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications requiredCurrently, there are no procedures for providing airworthiness certificates for the mentioned UAS.

We, Benjamin and Edward Smith, however will always fly safely while having the manual of the Aerosky 550 readily

available. 14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(1) and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records Maintenance inspections may be required and should be granted since they only apply to aircraft with
an airworthiness certificate. However we, Benjamin and Edward Smith, will perform preflight inspections of the UAS before each flight as outlined in the operating documents
. We, Benjamin and Edward Smith, will also follow manufacturer recommendations from said operating documents. **Public Interest** Aerial photography and videography as an available service to the public allows for a cheaper method to capturing imagery than its alternative ; aircraft and helicopters. They are expensive, create lots of noise, and are much more threatening due to size and combustible fuel. We, Benjamin and Edward Smith, would gladly offer my services upon request and with proper coordination to any official search and rescue or emergency services organization to benefit the public. Also as mentioned in the Trudeau exemption, exemption No.11138: ““Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. or more, are operated by an onboard pilot and may carry other onboard crewmembers, as well as 100 gallons or more of fuel. The petitioner’ s [UAS] weighs less than 6 lbs. The pilot and crew will be remotely located from the aircraft. The limited weight reduces the potential for harm to persons or damage to property in the event of an incident or accident. The risk of an onboard pilot and crew during an incident or accident is eliminated with the use of a [sUAS] for the proposed operation. ” **Summary**We, Benjamin and Edward Smith, are seeking exemption from the following rules:

14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R
. 91.417(a) and (b)
. With the exemptions of the mentioned rules we, Benjamin and Edward Smith, will be seeking to make our drone photography /videography

services available to the public. By not using combustible fuel, flying at safe heights and strictly f ollowing the usage recommendations from Aerosky
. These include but are not limited to:
● Flying the following UAS Safely
○ Modified Aerosky 550
● Flying below 400 feet
● Proper visual inspection of UAS before flights
● Keeping mentioned UAS in visual sight at all times when in operation
● Using an observer to assist if needed
● Remain well clear of and do not interfere with manned aircraft operations, and avoid other aircraft and obstacles at all times
● Not intentionally fly over unprotected persons or moving vehicles
● Contact the airport or control tower before flying within 5 miles of an airport
● Not flying in adverse weather conditions such as high winds or reduced visibility
● Not flying under the influence of alcohol or drugs
● Ensure the operating environment is safe
● Not flying over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities, etc.● Check and follow all local laws and ordinances before flying over private property

● Do not conduct surveillance or photograph persons in areas where there is an expectation of privacy without the individual's permission. Respectfully, Benjamin and Edward Smith 64 Windrush Lane Andover, CT 06232 Phone 860
-742
-7439 Email: ecraigsmit@comcast.net