Carolina Aerial Media, LLC

2664 Little River Ct

Lincolnton, NC 28092

October 23, 2015

United States Department of Transportation Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140 Washington, DC 20590

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

the Federal Aviation Regulations

Dear Sir or Madam,

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

and 14 C.F.R. Part 11, Carolina Aerial Media, LLC (hereafter as Petitioner) seeks an exemption 

from Federal Aviation Regulations (“FARs”) detailed below for the following described small Unmanned Aerial System (sUAS) which includes an Unmanned Aircraft and ground station-based 

equipment and crew.

Request

Pursuant to the FAA Modernization and Reform Act of 20121 (the "Reform Act") and the procedures contained in 14 C.F.R. 11, to request that an owner and operator of a DJI Inspire 1 sUAS 

be exempted from the Federal Aviation Regulations ("FARs") listed below so that, may operate its 

DJI Inspire 1 commercially in airspace regulated by the Federal Aviation Administration ("FAA"); 

as 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 conditions identified and proposed by the applicant are:

To operate the DJI Inspire 1 within the proposed regulations as listed in the recently published 

“Small sUAS Notice of Proposed Rule-making (NPRM) to add Part 107, released February 23, 

2015.

Petitioner	is	seeking	an	exemption	from	part	21,	Subpart	H (§§21.171-21.199),	part	27, §§	

45.23(b),	45.27(a),	61.113,	91.7(a),	91.9(b)(2) and	(c),	91.103,	91.109(a),	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)

of Title 14,	Code of Federal Regulations	(14	CFR).

The petitioner requests relief from the following	regulations:

Part 21, Subpart H prescribes, in pertinent part, the procedural requirements for	issuing airworthiness	certificates.

Part 27 prescribes, in pertinent part, airworthiness standards for the issue of type	certificates,	and	changes to	those certificates,	for normal	category rotorcraft.

Section	45.23(b) prescribes,	in	pertinent	part, that 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	let-
ters	not	less	than	2	inches	nor more than	6	inches	high,	the words	“limited,” “restricted,”

“light- sport,” “experimental,” or “provisional,” as	applicable.

Section	45.27(a) prescribes,	in	pertinent	part, the requirement	for rotorcraft operators	to	

display certain	marks	on both	sides	of the cabin,	fuselage,	boom	or tail.

Section	61.113(a) and (b) prescribe,	in	pertinent	part,	that—

No	person who holds a private pilot	certificate may act as	a pilot in command	(PIC)	of an aircraft that is carrying passengers or property for compensation or hire;	nor	may that person,	

for compensation or hire, act	as PIC	of an	aircraft.

A private pilot may,	for compensation	or hire, act as PIC	of an aircraft in	connection	with	any

business or employment if—

The flight is	only incidental to that business or employment; and

The aircraft does	not	carry passengers or property for compensation	or hire.	Section	91.7(a)

prescribes,	in	pertinent	part, that	no	person	may operate a civil	aircraft unless	it	is	in	an	airworthy condition.

Section	91.9(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.

Section	91.9(c) prohibits operation of U.S.-registered	civil aircraft unless that	aircraft is	identified in accordance with part 45.

Section	91.103	prescribes,	in	pertinent	part, that	each	pilot	in	command	shall,	before	beginning a flight,	become familiar with	all	available information	concerning that	flight,	to	include—

For a flight	under IFR	or a flight	not	in	the vicinity of an	airport,	weather reports	and	forecasts,	fuel	requirements,	alternatives	available if the planned	flight	cannot	be	completed,	and	

any known	traffic delays	of which the pilot	in	command	has been	advised	by ATC;

For any flight,	runway lengths	at	airports	of intended	use,	and	the following takeoff	and	

landing distance information:

For civil	aircraft for which	an	approved	Airplane or Rotorcraft Flight	Manual containing

takeoff and	landing distance data is	required,	the takeoff and	landing distance data contained	therein;	and

For civil	aircraft	other than	those specified in paragraph	(b)(1) of this	section,	other reliable

information	appropriate to	the aircraft,	relating to	aircraft	performance under expected	values	of airport	elevation	and	runway slope,	aircraft	gross	weight,	and wind	and	temperature.

Section	91.109(a) prescribes, in	pertinent	part, 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.
Section	91.119	prescribes	that,	except	when	necessary for takeoff or landing,	no	person	may	

operate an	aircraft	below the following altitudes:

Anywhere.	 An	altitude allowing,	if a power unit	fails,	an	emergency landing	without	undue

hazard	to persons	or property on	the surface.

Over congested	areas.	 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.

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.

Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—

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; and

A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed 

in paragraph (c) of this section.

Section 91.121 requires, in pertinent part, 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.”

Section 91.151(a) prescribes that 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, during the day, to fly after that for at least 30 minutes.

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within

it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate

issued to its owner or, for operation within the United States, the second copy of the Aircraft Registration 

Application as provided for in 14 CFR 47.31(c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under 14 CFR 91.715 is displayed at the cabin or

cockpit entrance so that it is legible to passengers or crew.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft

inspected as prescribed in Subpart E of the same part and shall, between required inspections, except 

as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 

of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone

maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to 

service by a person authorized under § 43.7 of the same chapter.

Section	91.409(a)(2) prescribes,	in	pertinent	part,	that	no	person	may operate an	aircraft	

unless,	within	the preceding 12	calendar months,	it	has	had	an	inspection	for the issuance of	

an	airworthiness	certificate in	accordance with	part	21	of this	chapter.

Section	91.417(a) and	(b) prescribes,	in	pertinent	part,	that—
Each	registered	owner or operator shall	keep the following records	for the periods	specified	

in	paragraph	(b) of this	section:

Records	of the maintenance,	preventive maintenance,	and	alteration	and	records	of the 100-

hour,	annual, progressive,	and	other required	or approved	inspections,	as	appropriate,	for

each	aircraft	(including the airframe) and	each	engine,	propeller,	rotor,	and	appliance of an	

aircraft. The records	must	include—

A description	(or reference to	data acceptable to	the Administrator) of the	work	performed;	

and

The date of completion	of the work	performed;	and

The signature,	and	certificate number of the person	approving the aircraft	for return	to	service.

Records	containing the following information:

5

The total	time in	service of the airframe,	each engine,	each	propeller,	and

each	rotor.

The current	status	of life-limited	parts	of each	airframe,	engine,	propeller,	rotor,	and	appliance.

The time since last	overhaul	of all	items	installed	on	the aircraft	which	are required	to	be

overhauled	on	a specified time basis.

The current	inspection	status	of the aircraft,	including the time since the last	inspection	required	by the inspection	program	under which	the aircraft	and its	appliances	are maintained.

The current	status	of applicable airworthiness directives	(AD) and	safety	directives	including,	for each,	the method	of compliance,	the AD or safety	directive number and	revision	date.

If the AD or safety directive involves	recurring action,	the time and	date when	the next	action	is	required.

Copies	of the forms prescribed	by § 43.9(d) of this	chapter for each	major	alteration	to	the

airframe and	currently installed	engines,	rotors,	propellers,	and	appliances.

The owner or operator shall	retain	the following records	for the periods	prescribed:

The records	specified in	paragraph	(a)(1) of this	section	shall	be retained	until	the work	is	

repeated	or superseded	by other work or for 1 year after the work	is	performed.

The records	specified in	paragraph	(a)(2) of this	section	shall	be retained	and	transferred	

with	the aircraft	at	the time the aircraft is	sold.

A list	of defects	furnished	to	a registered	owner or operator under §	43.11	of this	chapter

shall	be retained until	the defects	are repaired	and	the aircraft	is	approved	for return	to	service.
The petitioner supports its request with the following information:

Authorization for this request is to use the sUAS to support;

-Aerial photography and video primarily of real property

-Aerial cinematography on closed and open sets

-Aerial data collection

-Survey and inspection work for structures, pipelines, cellular telephone towers and agriculture

-Assist in any search and rescue missions if requested by local law enforcement or emergency 

services agency.

Approval of these requests will serve the Public Interest by providing a valuable service to local 

emergency service providers, real estate professionals, infrastructure inspection personnel and 

agricultural interests. The flight operations proposed by Petitioner will improve Safety by eliminating the use of manned aircraft to obtain low level (low altitude) photos and video. The sUAS is 

better suited for this type of operation than a manned aircraft, and the DJI Inspire 1 was specifically designed by DJI with this market in mind.

sUAS Operator

The sUAS Operator Warren Burton Smathers, owner of Carolina Aerial Media, LLC, is a licensed 

Commercial Pilot, Airplane Single and Multi-Engine Land with Instrument rating. Mr. Smathers is 

acting as President and Chief Pilot for Carolina Aerial Media, LLC.

Petitioner is currently the holder of North Carolina driver license (Commercial), satisfying the 

medical requirements outlined in the Reform Act.

The (pilot) operator for Petitioner maintains flight log books all it’s sUAS utilized in their operations, tracking 

flight times, battery use, performance as well as all maintenance tasks performed on the sUAS. 

Petitioner is a U.S. citizen, in possession of Transportation Worker Identification Credential (TWIC). Petitioner holds a U.S. passport.

Copies of all pertinent documents will be sent under separate cover to the email address provided in the 

“Part 333 Checklist” at www.faa.gov.

sUAS

The sUAS is a DJI Inspire 1, 4 motor/rotor system weighing 2935 g with battery and camera system. A factory designed and installed gimbal and camera system are built into the sUAS as a 

complete system from the factory. The top speed of the Inspire 1 is 22 m/s (ATTI mode, no wind)

The DJI Inspire 1 is designed to be operated utilizing a single controller or by utilizing a dual controller system, where the (pilot) operator controls the sUAS with a Master transmitter and the 

(camera) operator controls the gimbal camera and recording functions. Included in this application is the Inspire 1 User Manual, Inspire 1 Safety Guidelines and the Inspire 1 Intelligent Flight 

Battery Safety Guidelines. 
The DJI Inspire 1 is produced and sold without airworthiness certificate.

The guidelines for maintenance will strictly adhere to the DJI Inspire 1 safety guidelines enclosed. 

Additionally, Petitioner proposes to adhere to the Operation Limitations proposed in the NPRM 

and set forth in the pending exemption request. 

In any area of doubt, the course of action resulting in “safety of flight” remaining the prime concern will be the course undertaken.

General Guidelines

The UAS will only be operated Visual Line of Sight (VLOS). Night and/or IFR operations will not 

be conducted under any circumstances. The following conditions will apply to all Aircraft Operations:

(a) No flight will be made with a sUAS Gross weight exceeding the standard factory configuration 

of 2935 g (DJI Inspire 1)

(b) All operations must occur in FAA Class G airspace at no more than 200 ft. AGL, at an airspeed of no more than 22 m/s and within VLOS of PIC

(c) All operations must be conducted only after a thorough review of current and anticipated 

Weather Conditions

(d) Operations will be restricted to flights over private property with the permission of the property 

owner

(e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), 

a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten 

hours logged as a UA pilot with a similar UA type

(f) All required permits will be obtained from state and local government prior to operation

(g) The UAS will not be operated over densely populated areas

(h) The UAS will not be operated over any open-air assembly of people

(i) The UAS will not be operated over heavily trafficked roads unless under the specific direction 

of law enforcement officials.

(j) The UAS will not be operated within 5 NM of an airport or heliport unless ATC has been notified of said operation and confirms there will be no conflict with air traffic. Aircraft communications will be monitored with a hand held aircraft transceiver; and ATC will be notified of flight start 

and stop times.

(k) Operations will be restricted to daylight only and weather conditions equivalent to VFR

(l) The PIC will conduct a written “Risk Assessment” before the first flight at each new location to 

ensure that all Hazards to Flight are identified and the risk mitigated or eliminated

(m) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the sUAS is in a condition safe for flight (see Inspire 1 Safety Guidelines).
I submit that the combination of the sUAS's light weight, flight performance envelope optimized 

for low altitude flight, a fully qualified flight crew and strict operation under the guidelines established in 8900.227, and under all of the Restrictions (a) through (m) listed above, the FAA can 

have full confidence that the operation will have an equivalent or greater level of safety than 

manned aircraft performing the same mission.

I respectfully request the FAA issue an exemption from Part 333 under the conditions stipulated 

above.

The name and contact information of the applicant is;

Carolina Aerial Media, LLC

Warren Burton Smathers, President and Chief Pilot

2664 Little River Ct

Lincolnton, NC 28092

713-825-0749

Sincerely yours,

Warren B. Smathers

Carolina Aerial Media, LLC