August 8, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave 

Washington, DC 20590

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

Aviation Regulations

Dear Sir or Madam:

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), 

Christopher A. Smith (the applicant), operator of an Unmanned Aircraft Systems (UAS), seeks 

an exemption from the Federal Aviation Regulations (FAR’s) listed below to allow for commercial 

operation of the DJI Phantom 3 and DJI Phantom 2 in the National Airspace System (NAS) for 

aerial videography/photography of residential and commercial real estate, construction sites, 

civil landscapes and events over certain areas of the United States. 

Applicant:

Christopher A. Smith

1391 Amberlea Dr E

Dunedin, Florida 34698

813.508.1496

csmith72@tampabay.rr.com

Regulations from which the exemption is requested: 

14 CFR 61.101(e)(4) and (5)

14 CFR 61.113(a)

14 CFR 61.315(a)

14 CFR 91.7 (a)

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151(a)(1)

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)

Extent of relief I seek, and why:

14 CFR 61.101(e)(4) and (5):

Relief from Section 61.101(e)(4) and (5) is requested to the extent necessary to allow a PIC 

holding a recreational pilot or higher level certificate, as well as a current and valid airman 

medical certificate, and who has met certain flight-hour and currency requirements, to conduct 

the proposed UAS flight operations for compensation or hire and in furtherance of a business.
14 CFR 61.113(a):

Relief from Section 61.113(a) is requested to the extent necessary to allow a PIC holding a 

private pilot or higher level certificate, as well as a current and valid airman medical certificate, 

and who has met certain flight-hour and currency requirements, to conduct the proposed UAS 

flight operations for compensation or hire. 

14 CFR 61.315(a):

Relief from Section 61.315(a) is requested to the extent necessary to allow a PIC holding a 

sport pilot certificate, as well as a current and valid drivers license, and who has met certain 

flight-hour and currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire. 

14 CFR 91.7(a):

As there will be no airworthiness certificate for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of safety checklist prior to each flight an equivalent level of safety will be 

provided. 

14 CFR 91.119(c):

I request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil 

aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. I will not 

operate my UAS above the altitude of 400 feet above ground level (AGL) and will also only 

operate in safe areas away from the public and traffic, thus “providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes.” Given the size, weight, 

maneuverability, and speed of the UAS, an equivalent or higher level of safety will be achieved. 

14 CFR 91.121:

The UAS does not have a barometric altimeter, but instead has a GPS altitude read out. An 

equivalent level of safety is achieved by the operator receiving live flight data monitoring and 

confirming current altitude along with altitude of launch site shown on GPS altitude indicator.

14 CFR 91.151(a)(1):

I request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions.

The UAV is 100% electric and two low battery alerts are issued - per the operating documents, 

the UAV will be landed at the first alert. Also, my flights will last approximately 20 minutes each, 

and the UAS has an automated function, which results in immediate landing when a low battery 

is detected. The PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly to the first point of intended landing and, assuming 

normal cruising speed, land the UA with 20% battery power remaining.

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)

Given these section only apply to aircraft with an airworthiness certificate, these sections do not 

apply to this applicant. As a safety precaution, operator will perform preflight inspections and 

ensure UAS is in working condition before initiating each flight.

Simular Exemptions:

My reasons for requesting an exemption are similar in all/or many material respects to relief 

previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213. 
Safety:

Previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UA’s are 

considered.

The applicant proposes that the exemption requested herein apply to UAS that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the already safe 

aerial videography/photography operations conducted with conventional aircraft:

1) I do not operate within 5 miles of an airport unless prior contact to Air Traffic Control or the 

airport manager has been made.

2) I will land my UAS prior to manufacturer recommended minimum level of battery power.

3) I pilot my UAS through remote control by visual line of sight (VLOS).

4) My UAS uses GPS and a flight safety feature whereby it returns to a preprogrammed position 

and then slowly lands if communication with the remote control is lost.

5) I actively analyze flight data and other sources of information to constantly update and 

enhance safety protocol.

6) I conduct extensive pre-flight inspections and protocol, during which safety carries primary 

importance.

7) I always obtain all necessary permissions prior to operation.

8) I have procedures in place to abort flights in the event of safety breaches or potential danger.

Additionally, I will comply with all of the following conditions and limitations should this 

exemption be provided:

1) Operations will be limited to the following aircraft described in the operating documents, 

which is a quad-rotor aircraft weighing 3.3 pounds: Phantom 3 and Phantom 2 Unmanned 

Aircraft System.

2) The UA will not be flown at an indicated airspeed exceeding 50 knots.

3) The UA will be operated at an altitude of no more than 400 feet above ground level

(AGL).

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command

(PIC) at all times.

5) All operations will utilize a visual observer (VO). The UA will be operated within the visual line 

of sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate verbally at 

all times. The PIC will be designated before the flight and will not transfer his or her designation 

for the duration of the flight. The PIC will ensure that the VO can perform the functions 

prescribed in the operating documents.

6) The operating documents will be accessible during UAS operations and made available to 

the Administrator upon request. Any revisions to the operating documents will be presented to 

the Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If 

the inspection reveals a condition that affects the safe operation of the UAS, the

UAS will not be operated until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight. The Ground Control Station will be included in 

the preflight inspection.

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics,

e.g. replacement of a flight critical component, will undergo a functional test flight.
9) The pre-flight inspection section in the operating documents will account for all discrepancies,

i.e. inoperable components, items, or equipment, not already covered in the relevant sections of 

the operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

11) Each UAS operated will comply with all manufacturer Safety Bulletins.

12) UAS operations will be conducted by a PIC possessing at least a private pilot certificate and 

at least a current third-class medical certificate. The PIC will 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.

13) Prior to operations conducted for the purpose of aerial videography/photography and similar 

operations, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 

61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 

hours logged as a UAS pilot with a multi-rotor UAS.

14) Prior to operations conducted for the purpose of aerial videography/photography and similar 

operations, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 

61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be 

used in operations. The PIC will accomplish 3 take-offs and landings in the preceding 90 days.

15) The PIC will not operate the UAS for the purpose of aerial videography/photography and 

similar operations, unless the PIC has demonstrated and logged in a manner consistent with 14 

CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with the operating 

documents, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

16) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations 

will be conducted under visual meteorological conditions (VMC).

17) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a 

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. 

18) The UA will 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.

19) If a UA loses communications or loses its GPS signal, it will return to a predetermined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents.

20) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

21) The PIC will not begin a flight unless (considering wind and forecast weather conditions) 

there is enough power to fly at normal cruising speed to the intended landing point and land the 

UA with 20% battery power remaining.

22) I will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA) prior to conducting any operations.

23) Before conducting operations, the radio frequency spectrum used for operation and control 

of the UA will comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements.

24) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the 

Ground Control Station of the UAS any time the UAS is operating. These documents will be 

made available to the Administrator or any law enforcement official upon request. 
25) The UA will remain clear and yield the right of way to all manned aviation operations and 

activities at all times.

26) The UAS will not be operated by the PIC from any moving device or vehicle.

27) The UA will not be operated over congested or densely populated areas. 

28) Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, 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. We will 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 and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/

controller of such vessels, vehicles or structures has granted permission 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, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

29) All operations will be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from land owner/

controller or authorized representative will be obtained for each flight to be conducted.

30) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA will be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

Public Interest:

The use of an UAS in the real estate industry provides both buyers and sellers a higher level of 

service. For a seller, a higher level of marketing and advertising is achieved, appealing to more 

buyers resulting in a quicker sale of their home. Quicker home sales also helps accelerate the 

economy as a whole. Buyers experience the benefit of encompassing a whole property, 

sometimes several acres, in one photo or a short video. Not only does this benefit the specific 

home seller or home buyer, but it benefits the general public because it is much more efficient 

than traditional ways of using a plane or helicopter to achieve the same result. We can now 

provide this level of service while being conservative with fuel, time, emissions, noise, and other 

resources. Considering size, weight, speed, and absence of combustible fuels, my UAS’s will 

pose much less of a safety concern for the general public when compared to larger manned 

aircraft.

Summary 

Christopher A. Smith is seeking relief from all FAR’s above preventing applicant from conducting 

commercial aerial videography/photography of residential and commercial real estate, 

construction sites, civil landscapes and certain events taken at levels less than 400ft, at a speed 

less than 41 knots and with a maximum flight time of 23 minutes. The drones to be used are a 

DJI Phantom 3 and DJI Phantom 2. At 3.3 pounds the weight of the UAS’s meets the definition 

of "small unmanned aircraft" found in section 331 of "The Reform Act". In order to obtain high 

quality photography and video, the UAS’s will be used at speeds much less than their top speed 
of 41 knots. Due to the UAS’s being battery powered, there are no combustible fuels onboard. 

Maximum flight time for these particular UAS’s is 23 minutes battery life and flights are to be 

terminated with 20% battery life remaining. Given the size, weight, speed, and limited operating 

area associated with the aircraft to be utilized, I find this exception to be reasonable with an 

equivalent, or greater, level of safety to the existing rules to be reached by the operator.

Thank you for your consideration.

Christopher A. Smith 

1391 Amberlea Dr E

Dunedin, Florida 34698

813.508.1496

csmith72@tampabay.rr.com