Matthew Smith

313 S. Delaware Ave Apt 2 Minersville, PA 17954

October 19, 2015

U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590 Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b) To whom it may concern: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 CFR Part 11, Matthew Smith, operator ofsmall Unmanned Aerial Systems (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operation ofa small UAS, so long as such operations are conducted within and under the conditions outlined herein or as maybe establishedby the FAA as required by Section 333. Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would operate in the following manner: 1. Aerial photography and/orvideo forpublic and/orprivate use including real estate, architecture, land surveying, engineering and otherrelatedprofessional activities.

2. Aerial video and/orphotography for public and/orprivate use including television, public events, and cinematography.

3. Aerial inspection/photography ofresidential/commercial structures under contract with the owners or local government authority.

4. Aerial video/photography orproviding live video feedto assist with search and rescue operations in cases ofan emergency or natural disaster only when the local authorities or government has requested it by contract or donation.

As described fullybelow, the requested exemption would permit the operation ofsmall UAS under controlled conditions in the NAS that would be a) limitedb) controlled c) predetermined and d) willprovide safety enhancements to the already safe operations in the industrypresentlyusing conventional

aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe operation ofsuch aircraft systems in the national airspace system.” The name, phone, email and address ofthe applicant: Name: Matthew Smith Phone: (570) 624

-8110 Email: smitty90@comcast.net Address: 313 S. Delaware Ave Apt 2 Minersville, PA 17954 Regulations fromwhich the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113(a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)
The small UAS I will be using are multi

-rotor craft weighing no more than 55lbs. including payload. Under normal conditions they operate at speeds ofno more than 45 Mph or 39 Knots and have the ability to hover and move along a vertical and horizontal pla ne simultaneously. They will operate in line ofsight only and by the exemptedperson only obeying all other local and federal laws. Given the small size ofthe UAS and the controlled environment provided the proposed operations will adhere to the ReformAct’s safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to red uced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay.**AIRCRAFT AND**  **EQUIVALENT LEVEL**  **OF SAFETY** 

The operation limitations proposed for an equivalent or higher level ofsafetybecause operations will further enhance the safety ofthe persons and/orpropertyusing conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 1. The small UAS will weigh less than 55 lbs.

2. Flights will be operated within line ofsight ofa pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% batterypower reserve or 30 minutes offlight time whichever occurs first.

4. Flights will be operated at an altitude ofno more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevatedplatform fromwhich filming is planned.

5. Minimum crew for each operation will consist ofthe small UAS Pilot in Command (PIC), the Visual Observer (VO) when needed and may include but not limited to a Camera Operator.

6. The small UAS pilot will be Matthew Smith ONLY not allowing any otherperson to operate the small UAS in a commercial capacity.

7. A briefing will be performed regarding the planned small UAS operations prior to each day’s flight consisting ofall the days’ production activities.

8. The PIC will obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet ofthe flight operation, and the radius maybe reduced to 30 feetbased upon an equivalent level ofsafety determination, as required under the FOM. With the advancedpermission or direction ofthe FSDO, operations at closerrange maybe approved.

9. The PIC and VO will have been trained in operation ofsmall UAS and receive up-to
-date information for the particular small UAS to be operated and will be able to showupon request their competent ability to operate the small UAS and/or Camera.

10. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.11. Written and/or verbal permission andpermits will be obtained from territorial, state, county or

cityju risdictions, including law enforcement, fire or other appropriate governmental agencies when needed.

12. Ifthe small UAS loses communications or loses GPS signal, the small UAS will have the capability to return to a pre-determined location within a designated location and land autonomously.

13. The small UAS will have the capability to abort a flight in case ofunpredicted obstacles, weather, or emergencies.

**14 C.F.R.**  **Part 21,**  **Subpart H:**  **Airworthiness Certificates**  **14 C.F.R.**  **§ 91.203**  **(a) (1)**  Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilizedby the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafetyunder Part 11 and Section 333 ofthe ReformAct. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe ReformAct both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, andproximity to airports andpopulated areas ofthe particular small UAS. In all cases, an analysis ofthese criteria demonstrates that the small 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 (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitoredbyboth the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national securityposed by the small UAS, due to its size, speed ofoperation, location of operation, lack ofexplosive materials or flammable liquid fuels, and inability to carry a substantial external load. **14 C.F.R.**  **§ 45.23**  **(b). Marking**  **of t** **he Aircraft**  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 orprovisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, orpilot 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 small UAS will have no airworthiness certificate, an exemption maybe needed as the small UAS will have no entrance to the cabin, cockpit orpilot station on which the word “Experimental”can be placed. Given the size ofthe small UAS, two-inch lettering will be impossible. The word

“Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be providedby having the small UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the small UAS will see the identification ofthe small UAS as “Experimental.”

**14 C.F.R.**  **§ 61.113(a):**  **Private Pilot**  **Privileges and**  **Limitations: Pilot**  **in Command.**  Pursuant to 14 CFR 61.113 (a), no person who holds aprivate pilot certificate may act as apilot in command ofan aircraft that is carrying passengers orproperty for compensation or hire. Our small UAS do not carry anypilots orpassengers norproperty therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting skills. The risks attendant to the operation ofsmall UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation ofthe small UAS. **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. Given the size ofthe aircraft for maintenance and use ofsafety checklists prior to each flight an equivalent level ofsafety will be provided. **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 requiredby §21.5 ofthis 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 small UAS, given its size and configuration has no ability orplace to carry such a flight manual on the aircraft, not onlybecause there is no pilot onboard, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafety will be maintainedby keeping the flight manual at the ground control point where the pilot flying the small UAS will have immediate access to it. **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 rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The OPERATORwill take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight. **14 C.F.R.**  **§ 91.109:**  **Flight Instruction.**  Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instructionunless that aircraft has fully functioning dual controls. Small UAS and remotelypiloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls f or a number ofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafetyprovidedby the fact that neither apilot norpassengers will be carried in the aircraft and by the size

and speed ofthe aircraft.

**14 C.F.R.**  **§ 91.** **119: Minimum**  **Safe Altitudes.**  Section 91.119 establishes safe altitudes for operation ofcivil 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 a small UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevatedplatform fromwhich filming is planned, an exemption maybe needed to allow such operations. As set forth herein, the small UAS will never operate at higher than 400 AGL with the exception that in circumstances where the small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highestpoint on the structure. It will however be operated in a restricted area with securityperimeter, where buildings andpeople will not be exposed to operations without theirpreobtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe small UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because ofthe advance notice to the property owner andparticipants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposedherein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

-altitude operations ofthe small UAS will ensure separation between these small

- UAS operations and the operations ofconventional aircraft that must comply with Section 91.119. **14 C.F.R.**  **§ 91.121**  **Altimeter Settings.**  This regulation requires each person operating an aircraf t to maintain cruising altitude by reference to an altimeterthat is set “...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure.” As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption maybe needed. An equivalent level ofsafety will be achievedby the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicatorbefore flight. **14 C.F.R.**  **§ 91.151(a):**  **Fuel Requirements**  **for Flight**  **in VF** **R Conditions**  Section 91.151 (a) prohibits an individual frombeginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the firstpoint 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.” The batterypowering the small UAS provides approximately 30 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limitedto approximately 10 minutes in length. Given the limitations on the small UAS’s proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicantbelieves that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. Operating the small UAS, in a tightly controlled area where onlypeople andproperty owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting small UAS flights to 10 minutes would greatlyreduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of

safety can be achievedby limiting flights to 30 minutes or 25% ofbatterypower

— whichever happens first. This restriction wouldbe more than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating area. **14 C.** **F.R. §** **91.203 (a)**  **and (b):**  **Carrying Civil**  **Aircraft Certification**  **and Registration**  The regulation provides inpertinent 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 byparagraph (a) ofthis 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 small UAS fully loaded weighs no more than 55 lbs. and is operated without an onboardpilot. As such, there is no ability orplace to carry certification and registration documents or to display them on the small UAS. An equivalent level ofsafety will be achievedby keeping these documents at the ground control point where the pilot flying the small UAS will have immediate access to them; to the extent they are applicable to the small UAS. **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 ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Pa rt 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operatorpursuant to the flight manual and operating handbook. An equivalent level ofsafety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limitedperiods oftime. Ifmechanical issues arise the small UAS can land immediately and will be operating fromno higher than 400 feet AGL. The operator will ensure that the small UAS is in working orderprior to initiating flight, performrequired maintenance, and keep a log ofany 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 ofsafety. An equivalent level ofsafety will be achievedbecause maintenance and inspections will be performed in accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure that the small UAS is in working order prior to initiating flight and performrequired maintenance needed.

**Small UAS**  **Information**Small UAS’s to be used are as follows:

1. DJI Phantom 2 Vision+ 

### Weight (Including Battery And Propellers) 1242 g Diagonal Size (Including Propellers) 350 mm Max Ascent Speed 6 m/s Max Descent Speed 2 m/s Hover Accuracy

• Vertical: +/

- 0.8 m
• Horizontal: +/

- 2.5 m Max Speed 15 m/s (ATTI mode, no wind) Thank you for your time in reviewing and considering my section 333 exemption Sincerely, 

### Matthew Smith