Russell Schmaltz

6565 Dewey Lake Shores Rd

Chisholm, MN 55719

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

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203

(a) and (b); 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)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Russell Schmaltz, 

operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of an 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.

Commercial operation of an UAS, as described herein, which are equipped with data collecting cameras and sensors, would operate 

in the following manner:

Aerial imagery/video for public and/or private use including real estate, architecture, land surveying, engineering and 

other related professional activities.

Aerial imagery/video for public and/or private use including television, public events, cinematography and news 

gathering.

Aerial inspection with camera and/or sensors of residential/commercial structures under contract with the owners and/or 

operators and/or governing authority.

Aerial inspection of residential/commercial utility infrastructure including but not limited to electrical power lines, wind 

turbines and cell towers.

Aerial imagery/video or providing live video feed to assist with search and rescue operations in cases of an emergency or 

natural disaster only when the local authorities or government has requested it by contract or donation.

raining to persons individually or belonging to both private and/or public organizations that have interests in the use and 

application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of the National Airspace System 

(NAS) as well as for the protection of the persons and property

As described below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that 

would be a) limited b) controlled c) predetermined d) will provide safer operations in the industry presently using either 

conventional aircraft or riskier human duties and e) more economical capture of above video/sensor data, allowing more of the 

public access to valuable data and resources. Approval of this exemption would thereby enhance safety through less risky data 

collection methods and would benefit the public in allowing them access to aerial data collection that would otherwise be cost 

prohibitive.

The name and address of the applicant is: 

Attn: Russell Schmaltz , Owner/Chief Pilot

Email: rangeairuav@outlook.com

Address: 6565 Dewey Lake Shores Rd, Chisholm, MN 55719

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)
14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

Russell Schmaltz, will operate the 3D Robotics Solo and DJI Phantom 2 with a camera and/or gimbal or other data collection sensor 

not to exceed manufacturer payload limits.

The applicant will operate the UAS in line of sight within a closed off and predetermined area owned and/or operated by the 

property or event representative.

Given the small size of the UAS and the controlled environment provided, the proposed operations will adhere to the Reform Act’s 

safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding 

the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions 

and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the

requested exemption with minimum delay as requested exemption is in the public interest. Accordingly the applicant requests that 

the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of 

the persons and/or property using conventional manual methods or aircraft. These limitations and conditions to which the applicant 

agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations 

Manual (FOM) include: 

The UAS will weigh less than 55 lbs.

The UAS will have a maximum operating speed of no more than 55mph.

Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery power 

reserve or 20 minutes of flight time whichever occurs first.

Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL)

Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may include but not limited 

to a Camera Operator.

The UAS pilot will be a designated Pilot in Command (PIC) and will take and pass all necessary certifications currently 

being approved by the FAA administration for commercial use.

A briefing will be performed regarding the planned UAS operations prior to each operation.

All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point(ARP) of a tower 

controlled or uncontrolled airport. 

 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or 

uncontrolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, 

elevation of flight and other pertinent information.

The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the requested exemption, with the 

appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned 

operation. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure 

that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 

feet based upon an equivalent level of safety determination, as required under the FOM. With the advanced permission of 

the FSDO, operations at closer range may be approved.

The PIC and VO will have been trained in operation of UAS and receive up-to-date information for the particular UAS to be 

operated.

The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

Written and/or verbal permission and permits will be obtained as necessary from territorial, state, county or city 

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

If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return 

to a pre-determined “home” location within a designated location and land autonomously.

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

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 

Applicant, 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 UAS to be operated hereunder is less than 55 lbs. (3 lbs.) fully 

loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within 

a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored 

by both the operator and under the requirements and in compliance with local public safety requirements. The FAA will have 

advance notice of all operations. These safety enhancements 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.

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

The regulation requires: 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. Even though the UAS will have no 

airworthiness certificate, an exemption will be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on 

which the word “Experimental” can be placed. Given the size of the UAS, two-inch 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 UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS as “Experimental.”

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

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that 

is carrying passengers or property for compensation or hire. An equivalent level of safety can be achieved by current Regulations 

because the applicant’s UAS neither carry pilots or passengers nor property. The risks attendant to the operation of UAS is far less 

than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The operation and limitations set forth in the FOM 

will equate to the safe operation of the UAS.

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 for maintenance, the operator’s understanding of operation, and use of 

safety check lists prior to each flight, 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 UAS, 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 UAS will have immediate access to it.

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. The PIC will take all actions as stated in 

the manufacturer FOM in the pre-flight inspection section, including but not limited to reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

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. UAS and remotely piloted aircraft, by their design (most) 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. The equivalent level of safety is 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 UAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming 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 with the exception that in
circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be 

operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level of 

safety will be achieved given the size, weight, 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 filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight 

operations with aircraft or rotorcraft weighting 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 addition, the low-altitude operations of the UAS will ensure separation between these 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 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 “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 UAS provides approximately 25 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR 

§91.151, UAS flights would be limited to approximately 10 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 twilight VFR 

conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions.

Operating the 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 UAS flights to 10 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 

UAS to its planned landing zone from anywhere in its limited operating area.

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 a civil aircraft unless it has 

within it the following: (1) An appropriate and current airworthiness certificate. . . . (b) No person may operate a 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 weighs no more than 55 

lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or 

to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying 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 

safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a 

limited period of time. 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. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, 

the operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed.

Additional Information

The applicant, Russell Schmaltz, has had a Private Pilot license (with IFR training) and has been involved in piloting of remote 

controlled aircraft for 15 years. Russell Schmaltz, has an in-depth understanding of the capabilities and safety concerns involved in

using this technology as an asset to the community. Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 

provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation of the 

applicant’s UAS.

Sincerely,
Russell Schmaltz