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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

JUSTIN TIESDELL-SMITH

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION

OF DJI Phantom 1 UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

SUBMITTED JULY 24TH 2015

JUSTIN TIESDELL-SMITH

35488 HELENS WAY

SAINT HELENS, OREGON 97051

702-325-9782

JTIESDELLSMITH@GMAIL.COM
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TABLE OF CONTENTS

Page

GLOSSARY OFABBREVIATIONS.................................................................................3

SUMMARY..................................................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER...........................................................................4

BASIS FOR PETITION................................................................................................................................4

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY..........................................................5

NAME AND ADDRESS OF PETITIONER................................................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH JUSTIN TIESDELL-SMITH SEEKS 

EXEMPTION................................................................................................................................................7

THE EXTENT OF RELIEF JUSTIN TIESDELL-SMITH SEEKS AND THE REASON 

JUSTIN TIESDELL-SMITH SEEKS THE RELIEF..................................................................................7

THE REASONS WHY GRANTING JUSTIN TIESDELL-SMITH REQUEST WOULD BE IN

THE PUBLIC INTEREST; HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE. ......................9

THERE ARE NO PRIVACEY ISSUES.....................................................................................11

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.................................11

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT JUSTIN TIESDELL-SMITH REQUEST..................................................................................11
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GLOSSARY OF ABBREVIATIONS

AGL....................................................Above Ground Level

CFR....................................................Code of Federal Regulations

FAA...................................................Federal Aviation Administration

FAR...................................................Federal Aviation Regulations

FCC...................................................Federal Communications Commission

FAR...................................................Federal Aviation Regulation

GPS....................................................Global Positioning System

HD.....................................................High Definition

IMU....................................................Internal Measuring Unit

NAS....................................................National Airspace System

NOTAM..............................................Notice to Airman

PIC......................................................Pilot In Command

RC......................................................Radio Control

Section 333...........................................FAA Modernization and Reform Act of 2012 (FMRA) Section 

333

TFR...................................................Temporary Flight Restriction

UAS...................................................Unmanned Aircraft System

VFR...................................................Visual Flight Rules
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SUMMERY

JUSTIN TIESDELL-SMITH is applying for an exemption from the Federal Aviation Regulations ("FARs")

Parts 61.113(a) & (b), 91.7 (a), 91.119(c), 91.119(c), 91.121, 91.151(a), 91.203(a) & (b), 91.405(a), 

91.407(a)(1), 91.409 (a)(1) & (2), 91.417(a)&(b) to allow commercial operation of his UAS, 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 U.S. Department of Transportation requested exemption would permit the 

operation of small UAS under controlled conditions.

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.

INTRODUCTION AND INTERESTS OF THE PETITIONER

JUSTIN TIESDELL-SMITH provides his clients with photography and videography of properties for the 

purpose of advertising. 

The objective of JUSTIN TIESDELL-SMITH and his aerial operations is to provide high quality imaging

for a variety of commercial, public, and residential uses, specifically targeting:

• Residential Construction

• Real-estate marketing and advertising

• Filmmaking and video production

BASIS FOR PETITION

Petitioner, JUSTIN TIESDELL-SMITH, pursuant to the provisions of the Federal Aviation Regulations (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for 

Certain Unmanned Aircraft Systems (UAS), here by petitions the Administrator to commercially operate the 

DJI Inspire 1 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 

C.F.R § 61.113(a) & (b), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &(a)(2), 

and 91.417(a) & (b).

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through 

(c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of UAS do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following:

• The UAS's size, weight, speed, and operational capability

• Operation of the UAS in close proximity to airports and populated areas

• Operation of the UAS within visual line of sight of the operator.
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Reform Act§ 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system." I d. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority 

by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, and UASs from 

the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may 

grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or 

any sections 44702-44716 of this title if the Administrator finds the exemption in the public interest. 49 USC. 

§44701(f) See

also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

Such operations will insure that the UAS will not create a hazard to users of the national airspace system or the 

public. Given the small size of the DJI Inspire 1 UAS and the environment within which it will operate, 

JUSTIN TIESDELL-SMITH’s UAS operations adhere to the Reform Act's safety requirements. Additionally, 

approval of this application presents no national security issues. Based on the substantial level of safety

surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in 

environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public 

interest. Accordingly, JUSTIN TIESDELL-SMITH respectfully requests that the FAA grant the requested 

exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

JUSTIN TIESDELL-SMITH currently operates 1 UAS.

• DJI Inspire 1

The Inspire 1 is a highly successful consumer grade UAS. A quad copter designed to carry a high definition 

(HD) camera powered by four electric motors. It utilizes an internal inertial measuring unit (IMU) with global 

positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through 

an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a 

ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude 

(AGL), distance from PIC, camera imagery, and control camera angle. It has failsafe modes of operation for 

either loss of RC or GPS signal. Altitude can be limited by the on board flight controller system and maximum 

altitude can be preprogrammed by the PIC. The flight controller/Ipad will warn the pilot via telemetry and 

external lighting cues before reaching a low battery state. An automatic termination of flight and landing will 

be initiated when the battery reaches a predetermined low state.

The DJI Inspire 1 UAS operations conducted by JUSTIN TIESDELL-SMITH, will:

• Weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• Operate at speeds of no more than 50 knots, can hover, and can simultaneously move

 vertically and horizontally.
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• Only operate its UAS in line of sight of the operator (PIC).

• Limit each operational flight to 18 minutes or less. Flights will be terminated at 20% battery power reserve 

should that occur prior to the 18 minute limit.

• Operated at an altitude of no more than 400 feet AGL.

• Be operated by a FAA licensed airman with at least a private pilot's certificate and third class medical.

• Be operated at a lateral distance of at least 100 feet from any inhabited structures, buildings, vehicles, vessels, 

or people not associated with the operation.

• Require the operator (PIC) to check for any Temporary Flight Restrictions (TFR) by calling 1800 WX Brief 

and a current sectional chart for the area of operation to make sure they will not violate National Airspace 

System (NAS).

• Have the capability to return to a pre-determined location if the UAS loses communications or loses its GPS 

signal.

• All software is up to date and installed before first flight of the day.

NAME AND ADDRESS OF PETIONER

JUSTIN TIESDELL-SMITH

35488 HELENS WAY

SAINT HELENS, OREGON 97051

702-325-9782

JTIESDELLSMITH@GMAIL.COM
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THE SPEFIC SECTIONS OF 14 C.F.R. FROM WHICH JUSTIN TIESDELL-SMITH SEEKS 

EXEMPTION.

61.113(a) & (b)

91.7 (a)

91.119(c)

91.121

91.151(a)

91.203(a) & (b)

91.405(a)

91.407(a)(1)

91.409 (a)(1) & (2)

91.417(a) & (b)

THE EXTENT OF RELIEF JUSTIN TIESDELL-SMITH SEEKS AND THE REASON JUSTIN 

TIESDELL-SMITH SEEKS THE RELIEF

14 C.F.R. § 61.113{a) and (b): Private Pilot Privileges and limitations: Pilot in Command

Sections 61.113 (a) and {b) limit private pilots to non-commercial 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 private pilot's license rather than a commercial pilot's license to operate a

small UAS.

Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based

Operator. The operational area is controlled and restricted, and all flights are planned and

coordinated in advance. The level of safety exceeds that provided by a single individual holding

a commercial pilot's certificate operating a conventional aircraft. The risks associated with the

use of a UAS are so diminished from the level of risk associated with commercial operations

contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceeds the present
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level of safety sought by 14 C.F.R. §61.113 (a) and (b).

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

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

Since no FAA regulatory standard exists for determining airworthiness of the UAS, the regulation will need an 

exemption. JUSTIN TIESDELL-SMITH will comply the DJI operating manual and conduct thorough preflight 

examination prior to each flight and that all updated software has been downloaded and installed prior to first 

flight of the day.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in pertinent part, that:

" ... except when necessary for takeoff or landing, no person may operate an aircraft below

the following altitudes: .....

(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."

Because JUSTIN TIESDELL-SMITH requests authority to operate at altitudes only up to 400 AGL, an 

exemption is needed to allow such operations.

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 UAS 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 the safety check list and live flight data monitoring, 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:

"b. No person may begin a flight in a rotorcraft 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 speeds, to fly after that for at least 20 minutes"
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The battery powering the UAS provides approximately 18 minutes of powered flight. To meet

the 20 minute reserve requirement in 14 CFR §91.151, UAS flights would be limiting factor.

Given the limitations on the UAS on exemption may be needed.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in§ 91.715, no person may operate o civil aircraft unless it has

within it the following: {1} on appropriate and current airworthiness certificate.

{b) No person may operate o civil aircraft unless the airworthiness certificate required by

paragraph (a) of this 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 UAS fully loaded weigh is no more than 55lbs and is operated without an on board pilot. As

such, there is no ability or place to carry certification and registration documents or to display

them on the UASs. An equivalent level of safety will be achieved by keeping these documents at

the ground control point where the controller (PIC) of the UAS will have immediate access to

them, to the extent they are applicable to the 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 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 section 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 be achieved because these UAS are very limited in size and will 

carry a small payload. If mechanical issues arise the UAS can land immediately and will be operating from no 

higher

than 400 feet Above Ground Level (AGL). JUSTIN TIESDELL-SMITH will ensure that the UAS is in 

working order prior to initiating flight, perform required maintenance and test flights prior to returning to 

service, and keep a log book of any maintenance performed as well as track all flight hours. JUSTIN 

TIESDELL-SMITH 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. An equivalent level of safety will be achieved 

because maintenance and inspections will be performed in accordance with the UAS Manufacturer's Manual.

The Reasons Why Granting JUSTIN TIESDELL-SMITH Request Would Be In The Public

Interest; How Would It Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing JUSTIN TIESDELL-SMITH to safely, 

efficiently, and economically perform aerial video and photography of real estate, and landscape over certain 
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areas of the United States. Additionally, use of the DJI Inspire 1 UAS will decrease congestion of the NAS, 

reduce pollution, and provide significant benefits to the economy. Notably, the benefits of JUSTIN 

TIESDELL-SMITH’s proposed operation of the DJI Inspire 1 UAS will be realized without implicating any 

privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Inspire 1 UAS is battery powered and serves as a safe, efficient, and economical alternative to the 

manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft 

needed to perform aerial acquisitions, an exemption allowing the use of a DJI Inspire 1 UAS would reduce the 

amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and 

property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the 

NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Inspire 1 

UAS does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial 

video and photography missions would result in fewer aircraft that must be handled by air traffic control 

during the ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Inspire 1 UAS

Conducting aerial acquisitions with the DJI Inspire 1 UAS, instead of manned aircraft, will greatly benefit the 

public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and 

still photography flight operations. By using battery power and electric motors, the DJI Inspire 1 UAS

produces no air pollution, and is the most viable environmentally conscious alternative to the piston or turbine

engine aircraft that are typically utilized for aerial video and photography, while burning an average of 20-45

gallons per hour of leaded aviation fuel or Jet A. The DJI Inspire 1 UAS, while reducing the carbon footprint 

of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered electric 

motors, rather than an internal combustion or turbine engine.

By using the DJI Inspire 1 UAS to perform aerial acquisitions, the substantial risk to life and property in the air 

and on the ground, which is usually associated with traditional manned aircraft flight operations, will be 

substantially reduced or completely eliminated. A side from the lack of flight crew members located onboard 

the aircraft, the DJI Inspire 1 UAS weighing approximately 7 pounds 2 ounces at its maximum gross weight

and dimensions of 17.24 inches by 17.75 inches by 11.85 inches and with no fuel on board, has less physical 

potential for collateral damage to life and property on the ground, and in the air, compared to the manned 

aircraft that typically conduct similar operations weighing approximately 5,000 pounds with a rotor diameter 

of approximately 35 feet and a fuel capacity of 140 gallons.

Performing Aerial Video and Photography Operations With The DJI Inspire 1 UAS Will Benefit 

The Economy.

In addition to being safe and efficient, the DJI Inspire 1 UAS is also an economical alternative to using manned 

aircraft to conduct similar aerial operations. As such, operation of the DJI Inspire 1 UAS will allow United 

States based companies and individuals, like JUSTIN TIESDELL-SMITH, to remain competitive and

contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the 

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned 
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and operated companies must adopt new and alternative technology in order to remain competitive. Operating 

the battery powered DJI Inspire 1 UAS or equivalent is one such technology that not only allows companies 

greater operational flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft.

By operating a DJI Inspire 1 UAS or similar equipment, companies and individuals such as JUSTIN 

TIESDELL-SMITH, can remain competitive and profitable, and therefore, provide greater job stability to 

employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved 

financial performance of U.S. companies, through commercial use of the DJI Inspire 1 UAS or similar 

equipment, provides a stable workforce that increases consumer spending; improves local, state, and federal 

tax revenues; and allows companies to invest in research and development in order to remain competitive both 

in the United States and abroad.

There Are No Privacy Issues.

All flights will occur over private or controlled areas with the property owner's prior consent and knowledge. 

Filming will be only of people who have given their consent or otherwise have agreed to be in the area where 

filming will take place. Any accidental filming of persons or property not required, needed or desired in the 

final production will be eliminated from the final edit and not reproduced.

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) and with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. 

§ 91.119 provide more than adequate justification to grant Precision Unmanned Aerial, LLC requested

exemption. 

A Summary That Can Be Published In The Federal Register, stating: The Rules From Which JUSTIN 

TIESDELL-SMITH Seeks Exemption:

JUSTIN TIESDELL-SMITH seeks exemption from the requirements of 14 C.F.R Sections

61.113(a) & (b), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b).

A Brief Description Of The Nature Of The Exemption JUSTIN TIESDELL-SMITH Seeks:

This exemption will permit JUSTIN TIESDELL-SMITH to commercially operate an Unmanned Aircraft System (UAS) 

for the purpose of conducting aerial video and photography over certain areas of the United States.

Any Additional Information, Views, Or Arguments Available To Support JUSTIN TIESDELL-SMITH’s 

Request.

I have been flying rotorcraft for nearly 20 years and have acquired a lot of flight hours of which over 1000hrs 

have been in film, TV and video production. The majority of that time is from flying Electronic News

Gathering (ENG) for over 8 years. 

This style of flying causes a lot of concern for people on the ground as well as the pilots, ATC, local area 

FSDO and law enforcement.

As stated above, for people on the ground, a machine overhead, normally below normal operating altitudes, 

hovering for long periods of time, causes concern for a possible accident, the annoyance of loud noise and the 
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effects of emissions. For pilots, it’s the constant thought of where am I going to land, how can I avoid bigger 

problems if I should have an engine failure; for ATC, depending on the area of filming, is the aircraft going to 

be in conflict with other aircraft operating in the same area, loss of radar contact when going below 500’ trying 

to work with both film aircraft requests and normal airport operations; the FSDO for the area, it’s the film plan 

or contingency plans, diagrams and certifying that the said plan is acceptable, and for law enforcement, if a 

road or area needs to be shut down for safety purposes the need for man power and resources to allow this to 

happen.

I believe this new generation of aerial film production is here, it is safer, quieter, with minimal to no impact to 

the people and area in which it will work and the above-mentioned agencies. It’s a safer environment for the 

pilot/operator in that the area of filming will be smaller, more controlled and have a very small if any collateral 

damage if a power failure should happen and with the built in safety features as a return to home if signal from 

the RC is lost or below power levels are reached.

If	you	have	any	questions	regarding	this	petition,	please	do	not	hesitate	to	contact	me	at	either	

jtiesdellsmith@gmail.com or	702-325-9782.

Sincerely.

Justin	Tiesdell-Smith