January 25th, 2016 Josh Smith 

 9 Whitney Lane

U.S. Department of Transportation Clarksville, AR 72830

Docket Management System 479-264-7750

1200 New Jersey Ave., SE Freedomaerialservices@gmail.com

Washington, DC 20590 

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 

U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

I Josh Smith am submitting this Petition for Section 333 Exemption on their behalf under Section 333 of 

the FAA Modernization and Reform Act of 2012 (“FMRA”). 

Pursuant to Section 333 of the FMRA, I hereby request a determination by the Secretary of 

Transportation authorizing commercial operations of UAS for the purposes of aerial photography & 

videography, mapping, power line surveillance, agricultural crop surveillance, aerial inspections, data 

collection, augmented real estate listings photography and videography, commercial videos, wedding 

photography and video and other work related to aerial photography in the NAS. I. do not intend to use 

for closed set filming. Flight operations will utilize the off the shelf DJI family of unmanned aircraft. 

Conduct of UA operations will be with respect to FMRA Section 333(c) and the UAS “Blanket COA
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Exemption is necessary to effect the determination requested pursuant to FMRA Section 333. The 

attached documentation includes detailed exemption requests that demonstrate how these exemptions 

are in the public interest and will maintain at least an equal level of safety to existing regulations. 

Authorizing Josh Smith to conduct commercial UAS operations will result in less disruptive, safer, and 

more cost effective solutions than manned aviation equivalents due to the low altitude environment, 

given the size, speed and inherent risk of traditional commercial helicopter operations. These 

commercial operations often occur in the unsafe areas of the height-velocity diagram requiring special 

precision and skill. I Josh Smith will conduct the commercial UAS operation in a manner that will meet, 

and in many cases exceed, the current level of safety of commercial helicopter operations. UA that are 

under 10 lbs., have a low noise signature, and carry no volatile fuel, will limit collateral damage in the 

event of catastrophic failure. The low expense of operation compared to cost prohibitive manned 

aviation alternatives allow a greater economic benefit to businesses. For these reasons, granting an 

exemption under FMRA Section 333(c) is in the public interest. UAS technology used for these 

commercial purposes benefit the public interest in the following ways: 

Reduces the collateral damage risks to life and property associated with low altitude helicopter 

operations in undesirable portions of the height-velocity envelope. Increased economic wellbeing to 

local businesses via cost reductions. Enabling aerial business solutions to be available to a larger 

market.
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Table of Contents

I. Exemptions Requested 

II. Commercial Operation/Operator 

III. Unmanned Aircraft System (UAS) 

IV. UAS Pilot-in-Command (PIC)

V. Public Interest 

VI. Summary 

I. Exemptions Requested

Pursuant to 14 C.F.R. § 11.81(e), I request exemption from the following regulations: 

14 C.F.R. Part 21 Subpart H – Airworthiness Certificates Establishes: The procedural requirements for 

the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1) 

 Given the small size of the UA and the safeguards that will be taken as outline below, 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 with consideration “of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular UAS.” 

14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements: 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. 

I Josh Smith will ensure compliance with § 45.29(f) to meet the intent of the regulation by displaying the 

registration number in the largest practicable lettering. 

14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101 – Recreational, Private and Commercial Pilot 

Privilege and Limitations 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this 

section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for compensation or 

hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot 

in command of an aircraft in connection with any business or employment 
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14 C.F.R. § 61.133: (a) Privileges – (1) General. A person who holds a commercial pilot certificate may act 

as pilot in command of an aircraft – (ii) For compensation or hire, provided the person is qualified in 

accordance with this part and with the applicable parts of this chapter that apply to the operation. 

14 C.F.R. § 61.101: (a) A person who holds a recreational pilot certificate may not act as pilot in 

command of an aircraft: For compensation or hire; In furtherance of a business; 

UA operations will employ a PIC who holds, at a minimum, a recreational or sport pilot certificate of any 

category or class and a valid driver’s license. 

14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness

No person may operate a civil aircraft unless it is in an airworthy condition. 

The PIC will conduct daily pre and post flight inspections in accordance with manufactures maintenance 

manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air operations 

immediately upon identification of an in-flight emergency or other unsafe condition. By complying with 

procedures outlined by the manufacturer, an equivalent level of safety will be achieved. 

14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements

(b)(2) prohibits operation of U.S.-registered civil aircraft 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. 

By keeping all operating documents, manuals, authorizations and exemptions in a binder co-located 

with the GCS, DK Consulting Group, Inc. meet the intent of the regulations and therefore achieve an 

equivalent level of safety. 

14 C.F.R. 91.109(a) – Flight Instruction

No person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls. 

The majority of sUAS by design are developed with single operational control through the use of predetermined GPS enabled waypoints programmed before or during flight in addition to the use of a single 

hand held transmitter or control station controlled by the PIC. The design does not allow for dual 

controls during flight training and therefore the exemption is requested to train operators, build 

experience, and maintain proficiency. An equal level of safety will be achieved by conducting all training 

in sterile environments. Training sessions will be accomplished separately from flights conducted for 

compensation or hire. 
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14 C.F.R. 91.119 (c) – Minimum Safe Altitudes

Except when necessary for takeoff or landing, no person may operate an aircraft below the following

altitudes: (b) Over any congested area of a city, town, or settlement, or over any open air assembly of 

persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of 

the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weightshift-control aircraft. If the operation is conducted without hazard to persons or property on the 

surface— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) 

of this section, provided each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA. 

Commercial UAS operations will be conducted at or below the maximum altitude authorized by COA. 

Given the size, weight and lack of fuel; combined with operation limitations listed below, the operation 

will be conducted with a greater level of safety than exists with current manned aviation operations. 

14 C.F.R. 91.121 – Altimeter Settings

Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the 

case may be, by reference to an altimeter that is set, when operating... SUAS are equipped with Global 

Positioning System (GPS), which provide altitude and geolocation data to the operator without utilizing 

an altimeter. Due to this fact, an exemption is required. GPS are precise within a few feet and combined 

with fail-safes and a visual observer the operation will meet an equivalent level of safety. 

14 C.F.R. 91.151(a) – Fuel Requirements for Flight in VFR Conditions

No person may begin 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 cruising speed— (1) During the day, to fly after that for at least 30 minutes; 

This regulation is written based on the capabilities of a traditional aircraft, which have flight times of 

several hours or greater; therefore, with the majority of sUAS which have flight times of only an hour or 

less, this regulation would effectively deny the ability of the air vehicle to operate. 

The PIC will achieve an equivalent level of safety by complying with all manufacturer guidelines and the 

DJI low battery failsafe system. 
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14 C.F.R. 91.215(b) – ATC Transponder and Altitude Reporting Equipment and Use. 

All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the 

airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped 

with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability, 

replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, replying to 

Mode 3/A interrogations with the code specified by ATC and intermode and Mode S interrogations in 

accordance with the applicable provisions specified in TSO C-112, and that aircraft is equipped with 

automatic pressure altitude reporting equipment having a Mode C capability that automatically replies 

to Mode C interrogations by transmitting pressure altitude information in 100-foot increments. This 

requirement applies— 

(1) All aircraft. In Class A, Class B, and Class C airspace areas; 

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this 

part from the surface upward to 10,000 feet MSL; 

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally certificated 

with an engine-driven electrical system or which has not subsequently been certified with such a system 

installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport 

listed in appendix D, section 1 of this part provided such operations are conducted— 

(i) Outside any Class A, Class B, or Class C airspace area; and 

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 

10,000 feet MSL, whichever is lower; and 

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C 

airspace area designated for an airport upward to 10,000 feet MSL; and 

(5) All aircraft except any aircraft which was not originally certificated with an engine-driven electrical 

system or which has not subsequently been certified with such a system installed, balloon, or glider— 

(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, 

excluding the airspace at and below 2,500 feet above the surface; and 
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(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile radius of any airport 

listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral 

boundaries of the surface area of the airspace designated for that airport. 

The sUAS to be used in the proposed operation does not come equipped with a transponder. No 

transponder exists for the sUAS, which can be installed. The petitioner requests relief from the 

exemption to the extent required to operate in areas in which a transponder is required according the 

applicable regulations in this part. 

The PIC will achieve an equivalent level of safety by complying with all provisions of the COA under 

which operations are to be conducted. By issuing appropriate NOTAMS and prior ATO coordination, an 

equivalent level of safety can be achieved as other manned aircraft, which receive authorization to fly in 

airspace where a transponder is required but not operable. In order to give proper notice to the ATO, 

the PIC will comply with the provisions of 91.215(d)(3). The sUAS flown under this exemption will 

comply with all altitude limits and airport standoff distances required by COA, which mitigate hazards to 

aircraft controlled by the ATO in congested airspace. 

14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance Inspections

91.405(a) States: Each owner or operator of an aircraft—(a) 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 

91.407(a)(1) States: (a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—(1) It has been approved for return to service 

by a person authorized under § 43.7 of this chapter 

91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had—(2) An inspection for the issuance 

of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed 

under paragraph (b) of this section may be substituted for any inspection required by this paragraph 

unless it is performed by a person authorized to perform annual inspections and is entered as an 

‘‘annual’’ inspection in the required maintenance records. 

91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods specified in paragraph (b) 

of this section: (paragraphs 1 (i – iii), 2 (i – vi)); (b) The owner or operator shall retain the following 

records for the periods prescribed: (paragraphs 1 – 3) 
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The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the manufacturer’s 

guidance as stated in the operations manual. If maintenance is required, the PIC will conduct a 

dedicated test flight will be conducted to ensure safety before resuming commercial operations. All 

inspection, maintenance and alterations will be documented and maintained in a record. These actions 

will meet the intent of the regulations from which exemption is being requested and lead to an 

equivalent level of safety.

II. Commercial Operator/Operation 

Any UA flown under this exemption will be controlled by a certificated PIC. The PIC will hold, at a 

minimum, a recreational or sport pilot certificate. 

For each flight, I Josh Smith:

1. Will contact the controlling air traffic organization to issue a NOTAM.

2. Will conduct a comprehensive worksite inspection and analysis, identifying limits of customer 

property or authorized access areas. 

3. Will conduct preflight planning in accordance with Section 91.103 Preflight Action. 

4. Will operate in those areas only with the consent of the landowner or designated 

representative. 

5. Will identify potential obstructions or other hazards to safe operation. 

6. Will clear the area of personnel or bystanders that are non-essential to the operation, 

maintaining at a minimum, 500 feet away from non-participating persons. 

7. Will conduct a preflight safety briefing to Visual Observer (VO) and participating persons. 

8. Will at all times yield to manned air traffic. 

9. Will operate within VLOS of both PIC and VO during daylight hours only. 

10. Will maintain voice communications with VO and participating persons. 

11. Will operate under visual flight rules, in visual meteorological conditions, for the airspace in 

which the flight is conducted. 

12. Will not exceed the maximum altitude as defined in the COA under which flight authorized, as 

determined by the installed GPS. 

13. Will keep operating documents, manuals, authorizations and exemptions in a binder located 

with the GCS. 

14. Will immediately terminate flight, in the safest manner possible, when safety to persons or 

property become compromised. 

15. Will terminate flight, in the safest manner possible, when unable to comply with these 

limitations or any other limitations granted as part of this exemption. 

In order to remain at an altitude at or below the attitude prescribed by the applicable COA, relief is 

needed from Section 91.119 (c). By following these operating standards, the commercial operation 

will meet an equivalent level of safety to the regulation in which relief is sought. 
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III. Unmanned Aircraft System 

I Josh Smith seeks exemption to operate DJI UAS. Other UAS types may be requested in future

amendments. The DJI Phantom 3 Advanced and DJS Phantom 3 Professional is the primary aircrafts in 

our operation for which we seek exemption. We will also be utilizing the DJI Inspire 1 as well as the 

Boeing 3DR Solo. The UA will be flown via a combination of RC control and tablet GCS. This UA type is a 

GPS equipped, multirotor helicopter. A quad-copter type rotorcraft utilizing four motors. Lithiumpolymer batteries power the UA. 

The UA also has several fail-safes for loss of RC signal, loss of GPS, and low battery as outlined in the 

respective Operation Manuals. The UA display visual and emit an audible low battery alerts at which 

time the UA will automatically engage the landing sequence. Based upon those safeguards, I request 

exemption from Section 91.151(b) Fuel requirements for flight in VFR conditions. 

Given the size, weight, speed, and controlled operating area associated with the UA to be utilized, an 

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) is 

requested. Exemption is sought from § 45.23 Marking of the aircraft. The UA will display the registration 

number in the largest practicable lettering. I Josh Smith seeks to be exempt from § 91.405(a), 

91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted according to 

operations manual and prudent judgment as previously outlined to determine the integrity and safety of 

the UA and associated equipment. Further, relief is required from 91.7(a), which prohibits the operation 

of an aircraft without an airworthiness certificate and 91.9(b) (2) requiring an approved flight manual in 

the aircraft. The UA will not be operating with an airworthiness certificate therefore; this would be 

inappropriate. The UAS are too small to carry the operating documents so an equivalent amount of 

safety can be achieved through keeping the operating documents and manuals at the GCS. 

IV. UAS Pilot in Command (PIC) 

Under part § 61, recreational, sport and private pilots are limited to non-commercial operations, 

however I Josh Smith can ensure UA operations will achieve an equivalent level of safety as current 

regulation because UA do not carry any pilots or passengers. A commercial pilot certificate will not 

ensure RC piloting ability, as the psychomotor skills are different. The inherent risks of operating a UAS 

are far less than in the commercial activities outlined in 14 CFR part 61, et seq., thus exemption is 

requested from § 61.101 Recreational Pilot Privileges and Limitations. PICs will maintain recent flight 

experience on the UAS. Training and experience flights will be conducted separate from commercial 

operations. 

V. Public Interest 

Given the above stated evidence, procedures, and precautions operating UAS commercially for the 

purposes of aerial photography & videography, mapping, power line surveillance, agricultural crop 

surveillance, aerial inspections, data collection, augmented real estate listings, commercial videos and 

other work related to aerial photography will ultimately be in the public
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interest. These operations, when executed with prudence, will exceed the current level of safety as the 

regulations from which exemption is sought. UA operations will allow greater access to commercial 

aerial services that were not previously economically feasible for many firms. This will provide a much 

needed economic uplift to the community and hence the public. UA operations are associated with less 

risk of collateral damage to persons and property while limiting disruptive noise pollution associated 

with low altitude aviation operations.

VI. Summary 

Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and Reform Act of 

2012”, I Josh Smith, hereby applies for authorization to conduct commercial unmanned aerial systems 

(UAS) operations for the purposes of aerial photography & videography, mapping, power line 

surveillance, agricultural crop surveillance, aerial inspections, data collection, augmented real estate 

listings, wedding photography and videos, commercial videos and other work related to aerial 

photography listings Rules for which exemption is sought: 

1. 14 C.F.R. Part 21 Subpart H

2. 14 C.F.R. § 45.23(b) 

3. 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)

4. 14 C.F.R. § 91.7(a)

5. 14 C.F.R. 91.9(b) 

6. 14 C.F.R. § 91.103 

7. 14 C.F.R. § 91.109(a) 

8. 14 C.F.R. § 91.119 

9. 14 C.F.R. § 91.121 

10. 14 C.F.R. § 91.151(a)

11. 14 C.F.R. § 91.215(b) 

12. 14 C.F.R. § 91.405(a) 

13. 14 C.F.R. § 91.407(a)(1) 

14. 14 C.F.R. § 91.409(a)(2) 

15. 14 C.F.R. § 91.417(a) & (b)

Thank you for your prompt attention and consideration. I am very committed to safe UAS operation and 

always have the publics interest in mind. Please do not hesitate to contact me with any questions or 

concerns at 479-264-7750. 

Very truly yours, 

Josh Smith