February 16, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

Aviation Regulations from 14 CFR Part 21; 14 C.F.R. 45.23(b);14 CFR 61.113(a)&(b);

91.7(a); 91.9(b)(2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a)&(b); 91.405

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

To Whom it May Concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, and 14 C.F.R. Part 11, smFilms

(“Petitioner”), a California­based S Corporation operating a Small Unmanned Aircraft System (“sUAS”)

equipped to conduct aerial photography, aerial video, and survey for various industries ­ hereby applies for

an exemption from the Federal Aviation Regulations (“FARs”) listed below to allow operation of our sUAS

commercially in airspace regulated by the Federal Aviation Administration (“FAA”) so long as such

operations are conducted within and under the conditions outlined herein or as may be established by the

FAA as required by Section 333.

The requested exemption would permit the operation of small, unmanned, and relatively inexpensive sUAS

under controlled conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to access, and 4)

would provide safety enhancements to the already safe operations in the aerial photography, aerial video,

and infrastructure inspection industries presently using conventional aircraft. Approval of this exemption

would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s)

responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national

airspace system.” Section 333(c) of the Reform Act. The requested exemption would permit the Petitioner to

pursue its commercial interests in providing services to consumers’ interested aerial data capture using a

small advanced sUAS in the following areas:

● Aerial video and photography for film/video productions

● Agricultural surveying

● Real estate photography and videography

● Land and structure inspections

● Search and rescue

● Special event coverage

smFilms Los Angeles, CA 1
Background Information

The Petitioner has been flying sUAS systems for recreational purposes for 3 years without incident and

pledge our continued commitment to the safety of all future flights. The Petitioner’s clients look to the

Petitioner for safe operations of sUAS and Petitioner has developed specific safe UAV operational

procedures (Pre­Flight Checklist attached). Increasingly, the petitioner has clients looking for sUAS services

for aerial photography and video.

The Petitioner is interested in providing aerial photography and videography to local businesses and

individuals for a for­profit basis. In the past, the Petitioner has supplied clients aerial video and photography

using commercial aircraft. The Petitioner’s service will benefit the public as a whole by providing an

economic means of acquiring these services at prices far below traditional methods of service delivery and

as a much safer alternative. Until now, only fully manned aircraft could deliver such services with their

attendant high cost structures and flammable­fuel risks to humans in the aircraft and on the ground. The

objective of the Petitioner and our UAS aerial operations is to provide a more affordable, high­quality

production system for a variety of commercial, public, and residential uses. Use of the sUAS rather than a

manned aircraft is more economical to the consumer, and beneficial to the general public due to its small

size, low noise and minimal potential for accident.

Privacy

smFilms states that all sUAS flights that will occur over private or controlled access property will do so with

the property owner's prior consent and knowledge and that only people who have consented or otherwise

have agreed to be in the area where photography and videography will take place will be captured.

Request for Exemption

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, the

Petitioner hereby requests exemption from the Federal Aviation Regulations as follows:

14 C.F.R. Part 21; Certification Procedures for Products and Parts

14 C.F.R. 45.23(b); Display of marks; general.

14 C.F.R. 61.113(a) & (b); Private pilot privileges and limitations: Pilot in command.

14 C.F.R. 61.133 (a); Commercial pilot privileges and limitations.

14 C.F.R 91.7(a); Civil aircraft airworthiness.

14 C.F.R. 91.9(b)(2); Civil aircraft flight manual, marking, and placard requirements.

14 C.F.R. 91.103; Preflight action.

14 C.F.R. 91.109(a); Flight instruction; Simulated instrument flight and flight tests.

14 C.F.R. 91.119; Minimum safe altitudes: General.

14 C.F.R. 91.121; Altimeter settings.

14 C.F.R. 91.151(a); Fuel requirements for flight in VFR conditions.

14 C.F.R. 91.203(a) & (b); Civil aircraft: Certifications required.

14 C.F.R. 91.405(a); Maintenance required.

14 C.F.R. 91.407(a)(1); Operation after maintenance, preventive maintenance, rebuilding, or alteration.

14 C.F.R. 91.409(a)(2); Inspections.

14 C.F.R. 91.417(a) & (b). Maintenance records.

Petitioner requests that exemption from these federal regulations should be to the extent necessary to allow

the Petitioner to provide service to individuals and businesses on a commercial basis.

smFilms Los Angeles, CA 2
Unmanned Aircraft System/Equipment

smFilms is petitioning for exemption to enable smFilms to operate a DJI Phantom 3 Professional multi­rotor

equipped with a three­axis gimbaled camera and a DJI Inspire 1 Pro multi­rotor equipped with a three­axis

gimbaled camera, both with a transportable controller stationed on the ground. These sUAS weigh less than

25 lbs., have a built­in capability to limit the height it flies above the ground, to limit the radius of the distance

it flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone feature.

Each system also has the failsafe function of the autopilot system, which means when the communication

between the Main Controller and the transmitter is lost, the system will automatically trigger Return to Home

and will land safely. The Petitioner has programmed the sUAS to alert of a low battery warning at 30% and

at 10% automatically RTL (Return to Launch).

DJI Phantom 3 Professional specs: http://www.dji.com/product/phantom­3­pro/info#specs

DJI Inspire 1 Pro specs: http://www.dji.com/product/inspire­1­pro­and­raw/info#specs

Operations and Safety

The Petitioner proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate within 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 photography, aerial video,

and infrastructure and construction inspection operations conducted with conventional aircraft.

These limitations and conditions to which the Petitioner agrees to be bound when conducting commercial

operations under an FAA issued exemption include:

● The Petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will operate at

sites that are a “sufficient distance” from populated areas within the sterile area described in the

operator's manual. Such operations will insure that the sUAS will "not create a hazard to users of

the national airspace system or the public."

● The sUAS weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).

● Maximum flight time for each operational flight is based on battery life which is approximately 25

minutes. The Petitioner will only use fully charged batteries with each flight as a safety precaution.

Flights will be terminated at 25% battery power reserve should that occur prior to the 25 minutes.

● Petitioner will follow a standard pre­flight safety checklist before operating the sUAS.

● The sUAS will operate at speeds of no more than 25 knots.

● The sUAS will be programmed so that it will not be operated at an altitude of no more than 400 feet

AGL or, not more than 200 feet above an elevated platform from which flight is planned.

● Pilot and observer will have been trained in operation of UAS generally and received up­to­date

information on the particular UAS. Under the requested exemption, the Petitioner ensures that all

operators have completed a small unmanned aircraft systems (UAS) education and training

program including all applicable regulations and guidance documents.

● All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

● If the sUAS loses communications or loses its GPS signal, the UAS will have the capability to return

to a predetermined location within the Security Perimeter and land.

● The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

● When flying sUAV within 5 miles of an airport, airport operators will be notified and the operator will

give the right of way to avoid flying in the proximity of full­scale aircraft.

smFilms Los Angeles, CA 3
● sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS pilot,

who possess the necessary PIC qualifications, is also present then that person can also be

designated as PIC.

Conclusion

In summary, smFilms seeks to receive exemption from the following Regulations: 14 CFR Part 21; 14 C.F.R.

45.23(b);14 CFR 61.113(a)&(b); 91.7(a); 91.9(b)(2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a);

91.203(a)&(b); 91.405 (a); 91.407(a)(1); 91.409 (a)(2); 91.417(a)&(b). to commercially operate sUASs for

aerial video and photography, surveying, and inspections. Satisfaction of the criteria provided in Section 333

of the Reform Act of 2012 – size, weight, speed, operating capabilities, proximity to airports and populated

areas and operation within visual line of sight and national security – provide more than adequate

justification for the grant of the requested exemptions allowing commercial operation of the Petitioner’s UAS

in the aerial photography, aerial video, and infrastructure and construction inspection industry.

We respectfully request exemption under Section 333 to enable smFilms to operate safe, low­risk

commercial sUAV operations for the activities stated. smFilms at all times will respect the space and privacy

of citizens, and property whilst keeping our skies safe. And we are ready to modify, augment or amend this

request to satisfy any safety requirements deemed necessary.

Sincerely,

Scott McFarlane, Owner of smFilms

Address: 115 15th Place, Manhattan Beach CA 90266

Phone: 919­791­8966

Email: scott@sm­films.com

smFilms Los Angeles, CA 4
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

smFilms requests an exemption from the following regulations as well as any additional regulations that may

technically apply to the operation of the sUAV System:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) & (b)

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 utilized by the Petitioner, an exemption from Part 21 Subpart H meets the

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed,

operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an

analysis of these criteria demonstrates that the 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 sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger,

and carries no explosive materials or flammable liquid fuels. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and monitored by both the operator and observer and in compliance with

local public safety requirements, to provide security for the area of operation as is now done with

conventional aerial photography, aerial video, and infrastructure and construction inspection operations.

These safety enhancements, which already apply to civil aircraft operated in connection with conventional

aerial photography, aerial video, and infrastructure and construction inspection operations, provide a greater

degree of safety 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 of these same

criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size,

speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability

to carry a substantial external load.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where

the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS.

The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will

have no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given

the size of the sUAV, two­inch 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 provided by having the sUAV marked on its fuselage as required by

§45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the UAS

as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos.

10700, 8738, 10167 and 10167A.

smFilms Los Angeles, CA 5
14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non­commercial operations. Because the UAS will not carry a

pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations

by requiring the PIC operating the aircraft to have a pilot’s certificate operate this small UAS. Unlike a

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living

thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated

in advance.

The risks associated with the operation of the sUAS are so diminished from the level of risk associated with

commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as

requested with a pilot who is an experienced sUAS operator exceeds the present level of safety achieved by

14 C.F.R. 61.113 (a) & (b).

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 of the aircraft and the

requirements contained in the Manual for maintenance and use of safety checklists prior to each flight, as

set forth in Sections 9.1 and 9.6, an equivalent level of safety 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 required by §21.5 of this 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 sUAS, given its size and configuration has no ability or place to carry such a flight manual on the

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such

an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the

ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued

the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B,

10167, 10167A, 10602, 32827, and 10700.

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. An equivalent level of safety will be provided by the PIC who will take all actions including reviewing

weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before

initiation of flight. The PIC will also use the Pre­flight checklist attached.

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 instruction unless that aircraft has fully functioning dual controls. sUASs and remotely

piloted aircraft by their design do not have fully functional dual controls. Flight control is accomplished

through the use of a control box that communicates with the aircraft via radio communications. The FAA has

approved exemptions for flight training without fully functional dual controls for a number of aircraft and for

flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety

smFilms Los Angeles, CA 6
provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and

speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil 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 sUAS that is a

quadcopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than

200 above an elevated platform from which operation is planned, an exemption may be needed to allow

such operations. As set forth herein, the UAS will never operate at higher than 400 AGL.

The equivalent level of safety will be achieved given the size, weight, and speed of the 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 of the advance notice to the property owner and participants in the mission, all affected

individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or

rotorcraft weighing far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any

risk associated with these operations is far less than those presently presented with conventional aircraft

operating at or below 500 AGL in the conventional aerial photography, infrastructure and construction

inspection and business operations industry. In addition, the low­altitude operations of the sUAS will ensure

separation between these small UAS operations and the operations of conventional aircraft that must

comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an

altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available

before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an

exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to a

safety checklist, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning “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; or

(2) at night, to fly after that for at least 45 minutes.”

The battery powering the sUAS provides approximately 30 minutes of powered flight. To meet the 30­minute

reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 20 minutes in

length. Given the limitations on the UAS’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 VFR conditions is not

necessary. The Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior

exemptions. Operating the small UAS, in a tightly controlled area where only people and property owners or

official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel,

does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and

speed of the small UAS. Additionally, limiting sUAS flights to 20 minutes would greatly reduce the utility for

which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 20 minutes or 25%

of battery power whichever happens first. This restriction would be more than adequate to return the sUAS

smFilms Los Angeles, CA 7
to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been

granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

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 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...,” and others shall inspect or

maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections

will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight

manual and operating handbook. An equivalent level of safety will be achieved because these small UASs

are very limited in size and cannot carry a payload. If mechanical issues arise the UAS can land

immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS

is in working order prior to initiating flight, perform required maintenance, and keep a log of any 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 of safety.

smFilms Los Angeles, CA 8