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January 1st, 2016

Adolf Harald Schmied 

6700 Warner Ave Apt 39H

Huntington Beach, CA 92647

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

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, Adolf Harald Schmied, further referred to as “the petitioner” seeks an 

exemption from Federal Aviation Regulations (“FARs”) detailed below for the following described 

Unmanned Aerial System, which includes an Unmanned Aircraft (UA) and ground station based 

equipment and crew:

THE UNMANNED AIRCRAFT (UA):

 A lightweight (1280 grams gross weight with all on-board equipment), manufactured by DJI, 

Model Phantom 3 Professional;

 An on-board flight computer with GPS navigation and location ability that receives signals for

flight controls from a ground-based transmitter/controller;

 An on-board camera capable of capturing imagery in the form of full color, high definition 

still photos and video;
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 An on-board telemetry system that delivers flight data from the on-board flight computer to

the on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass

direction of flight and direction back to its launch site;

 A 2.4GHz on-board radio transmitter that transmits live video from the on-board camera plus

all the flight data from the telemetry system described above;

THE GROUD STATION –BASED PART OF THE SYSTEM:

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end

and who controls the UA while in the air;

 A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight;

 A radio receiver receiving live video and flight data from the on-board camera and computer

projects it all together onto a screen for the PIC to view during flight;

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the

UA while in flight.

The requested exemption would support an application for a commercial Certificate of

Authorization to use the above described UAS System to support aerial photography and 

video primarily of real estate property, resorts, tourism, boats, agriculture, surveying 

community events and marine property, never operating over persons not directly involved 

with the UAS system.

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft

running on combustible fuel, it operates at lower altitudes with no people on board and will

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of

death or serious bodily injury. With a small payload and maximum flight time of only 23

minutes, this is offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground

based imagery for displaying the characteristics of large, complex properties with several
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buildings and large trees. The alternative could be to charter a full-sized helicopter for this

purpose, which has proven more expensive than many potential clients are able to afford. 

The benefits of reduced cost and improved quality of presentation from the UA will be 

valuable to and benefit many buyers and sellers of real estate property and marine property.

In particular, the petitioner intends to operate its drone in relative proximity to, but not 

overhead of, dinghies, boats, yachts and other vessels in motion or stationary. He intends to, 

at times when it is required, to operate the UA from an anchored platform (boat or 

otherwise).

Currently similar operations are conducted with full size helicopters like Robinson R-22, R-44 

or Bell 206B3. A two-person crew flying an aircraft of at least 1370 lbs at 40-60 kts past a 

moving vessel involves far more risk than is now technically possibly with a UAV as described 

above. The petitioner wishes to point to this detail in order to document his effort to 

improve the safety of the public. Since the FAA and NTSB is determined to reduce helicopter 

related fatalities, one way to achieve this goal is to allow UAVs to take over some of the lowlevel work. It is known throughout the helicopter industry, that operational risk goes up the 

closer one operates to terrain. 

It should be noted that the petitioner has obtained an FAA ATP helicopter certificate as well 

as CFI/CFII certificate. He has gained the considerable amount of 1000 hours of helicopter 

time in low-altitude operations alone, all involving boat photography. He is well aware of the 

risks involved in these operations, both for crew and spectators alike and wishes to reduce 

them significantly. To underline the dangers associated with low-level helicopter operations, the 

petitioner attached Robinson Helicopter Safety Notice SN-34 to this petition as Appendix D.

In order to allow for a new generation of pilots to join a dynamic industry, the petitioner also 

requests permission to engage in flight instruction appropriate to his operations. This will 

greatly benefits the public as a whole, which will become more educated and trained in the 
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process, fueling the growing industry of UAVs. 

The UAS System will be operated in the field with both a PIC and a VO in accordance with FAA

current guidelines:

Proposed restrictions to ensure adequate safety (changes highlighted in bold):

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 

Professional when weighing less than 55 pounds including payload. Proposed operations of 

any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine

compliance with the 87 knot speed restriction. In no case will the UA be operated at

airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times.

This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.
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6. All operations must utilize a visual observer (VO). The UA must be operated within

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used

to satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The VO and PIC must be able to communicate verbally at all times;

electronic messaging or texting is not permitted during flight operations. The PIC

must be designated before the flight and cannot transfer his or her designation for the

duration of the flight. The PIC must ensure that the VO can perform the duties

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its

operations in accordance with the conditions and limitations stated in this grant of

exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the

Administrator upon request. If a discrepancy exists between the conditions and

limitations in this exemption and the procedures outlined in the operating documents,

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating

documents. The operator may update or revise its operating documents. It is the

operator’s responsibility to track such revisions and present updated and revised

documents to the Administrator or any law enforcement official upon request. The

operator must also present updated and revised documents if it petitions for extension

or amendment to this grant of exemption. If the operator determines that any update

or revision would affect the basis upon which the FAA granted this exemption, then

the operator must petition for an amendment to its grant of exemption. The FAA’s

UAS Integration Office (AFS−80) may be contacted if questions arise regarding

updates or revisions to the operating documents.
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8. Any UAS that has undergone maintenance or alterations that affect the UAS operation

or flight characteristics, e.g., replacement of a flight critical component, must undergo

a functional test flight prior to conducting further operations under this exemption.

Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the

UAS is in a condition for safe flight. The pre-flight inspection must account for all

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal

government. The PIC must also meet the flight review requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC

qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs

(training, proficiency, and experience-building) and determining the PIC’s ability to

safely operate the UAS in a manner consistent with how the UAS will be operated

under this exemption are permitted under the terms of this exemption. However,

training operations may only be conducted during dedicated training sessions. During

training, proficiency, and experience-building flights, all persons not essential for

flight operations are considered nonparticipants, and the PIC must operate the UA

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not

denoted with an ARP, the center of the airport symbol as denoted on the current

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

management is obtained or otherwise permitted by a COA issued to the exemption

holder. The letter of agreement with the airport management must be made available

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
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18. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather conditions) there is enough available power for the UA to conduct the

intended operation and to operate after that for at least five minutes or with the reserve

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All

operations shall be conducted in accordance with an ATO-issued COA. The

exemption holder may apply for a new or amended COA if it intends to conduct

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the

PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents must be made available to the Administrator or any law enforcement

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.
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25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vehicles, vessels and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure

that nonparticipating persons remain under such protection. If a situation arises

where nonparticipating persons leave such protection and are within 500 feet of

the UA, flight operations must cease immediately in a manner ensuring the safety

of nonparticipating persons; and

b. The owner/controller of any vehicles or structures has granted permission

for operating closer to those objects and the PIC has made a safety assessment of

the risk of operating closer to those objects and determined that it does not

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered

nonparticipating persons under this exemption.

27. Operations over land shall be conducted over private or controlled-access property 

with permission from the property owner/controller or authorized representative.

Permission from property owner/controller or authorized representative will be

obtained for each flight to be conducted.

28. Operations over water (e.g. lakes) shall be conducted with permission from the private 

owner or governing body, if applicable. A permission will be obtained for each flight to be 

conducted. If no such body exists, e.g. in the case of the Ocean, no permission needs to be

acquired.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported
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to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be

reported to the National Transportation Safety Board.

The petitioner submits that the combination of the UA's light weight, flight performance and 

ability, fully qualified flight crew and strict operation under the guidelines established by the 

FAA, and under all of the Restrictions (1) through (29) listed above, the FAA can have full 

confidence that the operation will have an equivalent, if not greater level of safety than manned 

aircraft performing the same mission.

The name and contact information of the petitioner are:

First name: Adolf; Middle name: Harald; Last Name: Schmied

Ph: 714-951-5482

Email: adolf_schmied@hotmail.com

The regulations from which the exemption is requested are listed below. 

- 14 CFR Part 21

- 14 CFR 91.203

- 14 CFR 45.23, 45.29

- 14 CFR 91.9

- 14 CFR 61.113, 61.133

- 14 CFR 91.109, 91.119, 91.121

- 14 CFR 91.151

- 14 CFR Subpart E (91.401 - 91.417)

The petitioner is prepared to modify or amend any part of this request to satisfy the need for 

an equivalent level of safety. Please contact him at any time if you require additional 

information or clarification. He looks forward to working with your office.
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Sincerely,

Adolf Harald Schmied

FAA certified ATP & CFII (rotorcraft-helicopter)

Appendix A – DJI Safety Guidelines Disclaimer

Appendix B – Robinson Helicopter Safety Notice SN-34