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Petitioner: 

Mr. Carlos Smyth

224 S. Clovis Ave. #109

Fresno, CA 93727

carlossmyth@gmail.com

Exemption from Sections of 14 CFR: part 21; §§ 45.23(b); 

61.113 (a) and (b); 91.7(a); 91.9(b)(2); 91.103; 91.109; 

91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 

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

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95) 

Operation of DJI Phantom 2 Vision Plus, DJI Phantom3, and 

Yuneec Typhoon Q500 4K Unmanned Aircraft Systems. 

Extent of relief: Petitioner desires exemption from the above 

named regulations for the purpose of conducting commercial 

aerial photography and videography using Unmanned Aerial 

Systems (UAS) with Global Positioning System (GPS) 

control and stabilization. 

The petitioner supports his request with the following 

information: 

September 2, 2015

PETITION FOR EXEMPTION

TITLE 14, CODE OF FEDERAL REGULATIONS

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 
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The petitioner provides the following information: 1. Unmanned 

Aircraft Systems (UAS); 2. UAS Pilot in Command (PIC) 

Requirements; 3. UAS Operating Parameters; 4. Public Interest and 

Safety; 5. Summary. (Attachment A: User’s Manuals; Attachment B: 

Monthly Maintenance Log & Pre-Flight Check List.)

1. Unmanned Aircraft System: 

The UAS proposed for use by the petitioner are airframes provided by 

yuneec.com (Yuneec) and DJI.com (DJI), used in conjunction with DJI and 

Yuneec hardware/software controllers (respectfully), data signal processing, and 

GPS stabilization and navigation electronics. Radio Control (RC) transmitters, 

propellers, electric motors, and batteries are provided by various manufacturers 

worldwide. Yuneec is located at 5555 Ontario Mills Parkway, Ontario, CA 

91764; and DJI (Da- Jiang Innovations Science and Technology Co. Ltd.) is 

located at, Shenzhen, Guangdong Province, China. Please be advised that most 

Unmanned Aerial Systems (UAS) are modular (plug-in and replaceable parts that 

are commonly used in UAS), and that hardware/software for DJI and Yuneec

controllers, data links, and GPS navigation are the most commonly used 

programmable electronics for navigation and control in UAS usage. 

The systems have the size, weight, speed, and limited operating area associated 

with the aircraft to be utilized by the applicant, an exemption from 14 CFR part 

21 § 91.203 (Airworthiness Certificates), subject to certain conditions and 

limitations, is warranted and meets the requirements for an equivalent level of 

safety under 14 CFR part 11 and Section 333 of the FAA Modernization and 

Reform Act of 2012 (PL 112-95). If these UAS are operated without an 

airworthiness certificate in the restricted environment and under the conditions 

and limitations proposed by the petitioner it will be at least as safe, or safer, than 

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate issued under 14 CFR part 21, Subpart H and not subject to the 

proposed conditions and limitations. 

The UAS to be operated under this request are less than 55 lbs (20 lbs. or less 

typically) fully loaded, flying at speeds of no more than 50 knots, carrying 

neither a pilot nor passenger (part 21 § 61.113), carrying no explosive materials 

or flammable liquid fuels, and operates exclusively within a secured area. In 

addition, the UAS have integrated safety features built into the design of the 

UAS, as described in the UAS operating parameters, to ensure the safety of 

persons and property within and surrounding the limited operating area. In the 

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event the UAS loses communications, its GPS signal, or reaches 15% battery 

power, all UAS will have the capability to automatically return to the takeoff/PIC 

location, as well as preventing flights within the limited operating area. Software 

for the controller could be coded for use by a particular unit so as to prevent 

interference or hijacking (part 21 § 91.109). Controllers also have the capability 

to abort a flight in the event of unpredicted obstacles or emergencies. Distance 

from the PIC can be limited with both the DJI UAS software as well as the 

Yuneec UAS software and the flights can be contained in the restricted areas such 

as class B airspaces. This will assure the UAS are never flown near airports, 

forest fires, crowds, etc.

UAS have been proven to have stable flight under severe gusty wind conditions 

(up to 40 knots). Wind shear accidents can be of minimal impact when using a 

UAS with low mass and soft propellers such as UAS, though through diligent 

weather planning, avoidance is the best course of action.

The UAS will have no airworthiness certificate, and an exemption may be 

needed from 14 CFR § 45.23 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, the two-inch lettering will be impossible. An equivalent 

level of safety will be provided by the UAS having flashing lights to draw 

attention to their operation.

The maintenance requirements in the pertinent sections of 14 CFR, part 91 are 

only applicable to aircraft with an airworthiness certificate in accordance with 

part 43, therefore the petitioner has developed an as needed maintenance process 

for the UAS affected by this exemption. The petitioner intends to follow any 

manufacturers’ recommended instructions and procedures when those 

maintenance procedures exist for certain components of its UAS (§ 91.9, 91.405, 

91.407, 91.417). 

2. UAS Pilot In Command (PIC) Requirements 

The petitioner has many flight hours of experience in unmanned aircraft photo 

reconnaissance and videography in a safe, legal recreational setting. The 

petitioner asserts that safe flying of UAS will be enhanced by using a PIC that 

has done extensive research on commercial flight procedures. It is hoped that any 

fears for commercial aircraft safety can be relieved by the use of a well-informed 

and experienced UAS pilot. 

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Any PIC incapacitation during operations will be addressed by loss of 

communication time out software and automatic navigation return to base/takeoff 

point activation. The petitioner is in perfect health, with 20/20 vision and good 

mobility, so as to keep line of sight with the UAS at all times in order to fly 

safely. He is also a certified medical first responder and holds a fire safety 

certificate issued by Cal Fire thus understanding the importance of safe flight.

The petitioner has almost a year experience flying UAS and the skill or ability to 

safely operate an unmanned aerial vehicle, operating at 400 feet AGL or lower, 

within strictly controlled pre-approved airspace. The petitioner has further 

experience in the commercial event photography and videography industry with 

training in the use of other types of mobile camera units. The petitioner has 

further experience working with his father, who has worked as a video producer 

for 37 years. They have worked together with the latest video equipment and 

software. The petitioner has made a ‘not for profit’ film using UAS under the 

guidance of FAA UAS advisories, rules and regulations.

3. UAS Operating Parameters 

The aircraft will be operated within a secure environment, which no one will be 

allowed to enter unless they are part of the production, have been fully briefed of 

the risks prior to operation of the UAS, and have consented to the risks 

associated with being in the operating area. Should there be a mishap, the UAS 

being flown pose significantly less of a threat than the helicopters and fixed wing 

aircraft now being employed because they are a fraction of the size, carry no 

flammable fuel, and do not carry crew or passengers. This is in contrast to 

conventional aircraft that are flown to the site, carry flammable fuel, carry 

passengers and crew, and operate in a much larger area. 

The UAS batteries are self monitored for safe usage, protection from 

overheating, and return to starting point when discharged to 30%. The batteries 

are limited in the number of times they can be charged safely before proper 

disposal. Flight control software will be constantly updated as required and will 

provide feedback to the manufacturer for maintenance, design, and safety 

updating (§ 91.405, 91.407, 91.409, 91.417). 

All UAS flights will be operated within visual line of sight (VLOS) of a pilot 

and/or observer at all times, and the UAS flights will be limited to a maximum 

altitude of 200 feet AGL (§ 91.119). PIC will also be limited to flying the UA 

only in day-light. The operator will ensure that only consenting production 

personnel will be allowed within 100 feet of the UA operation, but this radius 

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may be reduced to 30 feet based upon an equivalent level of safety 

determination, with the advance permission of the local Flight Standards District 

Office (FSDO) and any needed NOTAM publish in an adequate time period. The 

petitioner asserts that an equivalent level of safety can be achieved given the size, 

weight, and speed of the UAS, as well as the location where it is operated. The 

UAS will be operated within a safe operating perimeter, the boundaries of which 

will be determined by production personnel and the UAS PIC based on the sitespecific filming activities and speed of the UAS required for the operation. 

Activities will also be coordinated with the jurisdictional FAA FSDO and local 

government officials as applicable and flights there will be no flights within 5 

nautical miles (NM) of an airport.

With respect to preflight actions, the petitioner notes it may need an exemption 

from 14 CFR § 91.103, because it will not have approved rotorcraft flight 

manuals. The petitioner asserts that an equivalent level of safety will be achieved 

by the PIC taking all preflight actions as set by the manufacturer of the UAS and 

the pilot’s own operating safety procedures to comply with insurance 

requirements including reviewing weather, flight battery requirements, landing 

and takeoff distance clearances, adequate GPS signal acquisition, and aircraft 

performance data acquisition on the controller before initiation of flight (§ 91.7 

and 91.103 will be adhered to). Additionally, the petitioner will require a briefing 

to be conducted prior to each day’s filming regarding planned UAS operations, 

and all personnel who will be performing duties within the boundaries of the 

safety perimeter will be required to attend.

With respect to the fuel requirements, the petitioner notes that, in order to meet 

the 30 minute reserve requirements in 14 CFR § 91.151, UAS flights would have 

to be limited to approximately zero minutes. The petitioner argues that, given the 

limitations on the UA’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight 

or night with acceptable visual flight regulation (VFR) conditions is reasonable. 

The petitioner believes that an equivalent level of safety can be achieved by 

limiting flights to 25 minutes or 30% of battery power, whichever occurs first.

The petitioner requests an exemption from 14 CFR § 91.121, as its UAS have 

GPS altitude readouts instead of a barometric altimeter. The petitioner asserts 

that an equivalent level of safety will be achieved. Specifically, the altitude 

information will be provided to the UAS PIC via a digitally encoded telemetric 

data feed. Prior to each flight, a zero altitude initiation point will be established 

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and confirmed for accuracy by the PIC. The PIC will monitor air traffic when 

needed through an FCC approved portable transceiver and headset/ microphone 

combination capable of communication with control towers and manned aircraft 

in the vicinity of the operations area.

4. Public Interest and Safety 

Given the small size of the UAS involved and the restricted, secure environment 

within which it will operate, its proposed operation falls within that zone of 

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

commercial operation of UAS to commence immediately. Also, due to the size of 

the UAS and the restricted areas in which the UAS will operate, approval of the 

application presents no national security issue. UAS systems the petitioner will 

use can be programmed in multiple ways to provide security and safety. The 

petitioner points out that given the clear direction in Section 333, the strong 

equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, including enhanced safety, reduction in environmental 

impacts, and including reduced emissions associated with allowing UAS for 

movie and television operations, granting the requested exemptions is in the 

public interest.

The petitioner’s use of UAS for documentary or educational videography will 

add to the public’s knowledge base, allow for the public to experience video 

views of points of interest previously unavailable, and furthers constitutional 

rights to free speech. It will enrich the culture as a whole. If privacy issues are to 

be addressed, it is the petitioner’s opinion that UAS operations are exceedingly 

less invasive than cell phone cameras with internet capabilities or satellite 

photometry. It is the petitioner’s experience that birds tend to stay away from 

UAS operations and that in conventional manned aircraft that is not the case. 

This furthers less environmental damage such as bird strikes and aircraft 

accidents. 

In certain public areas the petitioner has seen kite flying allowed that is 

inherently less controllable and as dangerous, if not more so, than UAS 

operations. 

5. Summary 

The petitioner requests an exemption for himself, Carlos Smyth, from Title 14, 

Code of Federal Rules pertaining to the safe, commercial usage of unmanned 

aerial systems (UAS) in controlled, secured video production areas. Exemption 

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from Sections of 14 CFR: part 21; §§ 45.23(b); 61.113 (a) and (b); 91.9(b)(2); 

91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 

91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) are requested. The petitioner 

supports his request with the following information 1. Unmanned Aircraft 

Systems (UAS); this section describes the UAS maximum capabilities and the 

failsafe and abort safety mechanisms that are programmed into the UAS; 2. UAS 

Pilot In Command (PIC) Requirements; this section describes the pilot asking for 

the exemptions and his experience and knowledge base, description of safe flight 

duties and preparation, and comments on how UAS PIC should be informed of 

commercial aircraft operations and be physically able to perform all UAS tasks 

in a safe manner; 3. UAS Operating Parameters; this section describes the 

operating procedures that will be carried out to meet regulations and provide 

safety in operations and security of the environment, following procedures and 

working with the local FSDO and local government authorities; 4. Public Interest 

and Safety; this section addresses some of the advantages of UAS operations, 

especially the advantage for the public being privy to the exceptional views UAS 

videos provide. 

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Attachment A 

DJI Phantom 2 Vision Plus, DJI Phantom 3, Yuneec Typhoon Q500 Plus 

User’s Manuals 

DJI Phantom 2 Vision Plus 

http://download.dji-innovations.com/downloads/phantom_2_vision_plus/en/

Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf 

DJI Phantom 3 

http://download.dji-innovations.com/downloads/phantom_3/en/

Phantom_3_Professional_User_Manual_v1.0_en.pdf 

Yuneec Typhoon Q500 4K 

http://yuneec.com/support/download/manuals/q500_4k_user_manual.pdf

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Attachment B 

Monthly Maintenance Log 

Pre- Flight Check List 

1. Weather Conditions 

2. Environment (power lines, obstructions, people, etc.) 

3. Flight Plan Review 

4. UAS check- function, maintenance & firmware up to date, batteries at 

full charge. 

5. Double check software setting & parameters. 

6. Calibrate Compass 

7. Set Auto-return Home Point 

8. Strong GPS signal 

9. Strong RC signal 

10. “Clear” for take-off.

Date of Issue Date of Fix Description of 

Maintenance

Software/

Firmware

Airframe

Engines

Propellors

Camera Gimbal

Landing Gear

Misc.:

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