SMG Drones

2633 Lantana Road, Suite 12. Lantana Florida. 33468. (561) 891-7272. info@superskywords.com

Jorge Gonzalez, ATP, CFI, CFII

c: +1 561 891 7272

Jorge@SuperSkywords.com

January 16th, 2015

U. S. Department of Transportation Regulatory Docket No. FAA-2015-0029-0001

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 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. Part 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).

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, SMG Drones, owned and operated by Commercially Rated Pilots and 

operators of Small Unmanned Aircraft SYSTEMS (“sUASs”) equipped to conduct aerial 

photography and cinematography for commercial and residential real estate and closed-set 

special events, hereby applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as 

requires by Section 333.

As described more fully below, the request exemption would permit the operation of 

small, unmanned, and redundant sUAS under controlled conditions in airspace that is 1) limited 

2) predetermined 3) controlled as to access and 4) would provide safe operations and 

affordability to the existing real estate and closed-set special event industries currently using 

conventional aircraft. Approval of this exemption would thereby enhance safety, promote 

industry growth and fair competition through affordability of aerial photography and 

cinematography 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 of the Reform Act.

The name and address of the applicant is:

SMG Drones

Attn: Jorge Gonzalez ATP, CFI, CFII

Ph: 561-891-7272

Email: Jorge@SuperSkywords.com

Address: 2633 Lantana Road Suite 12, Lantana, Florida 33462

2633 Lantana Road, Suite 12. Lantana Florida. 33468. (561) 891-7272. info@superskywords.com 1
Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

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

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151 (a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 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 rule making required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required to determine which types 

of UASs 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; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, id 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.” Id. §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, that includes sUASs, 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 U.S.C. §44701(f) See also 

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

 SMG Drone proposes to use two sUASs; 1) Harris 18 HL. This aircraft has eight rotors 

and eight motors in a quadcopter configuration (X8). 2) DJI PHANTOM 2 Vision +. This aircraft 

has four rotors and four motors in a quadcopter configuration (X4). Both sUASs weigh less 

than 55 lbs. including payload. They operate, under normal conditions at a speed of no more 

2633 Lantana Road, Suite 12. Lantana Florida. 33468. (561) 891-7272. info@superskywords.com 2
than 50 knots and have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. Both sUASs are equipped with GPS and auto-return function to the 

predetermined safe landing area as well as allowing reading of magnetic interference that can 

cause loss off GPS signal. The sUASs will operate only in line of sight and will operate only 

within a sterile closed-set area of a residential or commercial listing or a closed-set special 

event. Such operations will insure that the sUASs will “not create a hazard to users of the 

national airspace system or the public.” (Reform Act Section 333 (b)).

Given the small size of the sUASs involved and the restricted sterile environment within 

which they will operate, the applicant falls squarely within that zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations of UASs to commence immediately. Also due to the size of the UASs 

and the restricted areas in which the relevant sUASs will operate, approval of the application 

presents no national security issue. Given the clear direction in Section 333 of the Reform Act, 

the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of 

safety surrounding the proposed operations, and the significant public benefit, including 

enhanced safety, reduction in environmental impacts, including reduced emissions associated 

with allowing UASs for movie and television operations, the grant of the requested exemptions 

is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

SMG Drones proposes that the exemption requested herein apply to civil aircraft 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 photography and cinematography filming operations conducted with 

conventional aircraft.

These limitations and conditions to which SMG Drones agrees to be bound when 

conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes or less. 

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

the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more 

than 200 feet above an elevated platform for which filming is planned.

5. Minimum crew for each operation will consist of the sUAS Commercial Pilot, the 

Visual Observer, and the Camera Operator.

6. sUAS Pilot will be FAA licensed airman with at least a Commercial Pilot’s certificate 

and a second class medical.

7. sUAS Pilot will also meet the flight review requirements specified in 14 C.F.R 61.56 

in an aircraft in which the Pilot is rated on his or her pilot certificate.

8. The sUAS will only operate within a confined sterile closed-set area with a set safety 

perimeter, the boundaries of which will be determined by production personnel and 

the sUAS PIC based on the site-specific filming activities and speed of the sUAS 

required for the operation, and coordinated with the jurisdictional FAA FSDO and 

local government officials as applicable. 

2633 Lantana Road, Suite 12. Lantana Florida. 33468. (561) 891-7272. info@superskywords.com 3
9. A briefing will be conducted in regards to the planned sUAS operations prior to 

each day’s production activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing. 

10. The sUAS Pilot and/or Aerial Coordinator will ensure this safety perimeter that only 

consenting production personnel will be allowed within 100 feet of the sUAS 

operation by not permitting anyone who had not been briefed or whom is not 

involved in production to be in the closed-set area. 

11. Observer and PIC will at all times be able to communicate by voice and/or two way 

radio communication system.

12. Written and/or oral permission from the relevant property holders will be obtained.

13. If applicable, all required permissions and permits will be obtained from territorial, 

state, county or city jurisdictions, including local law enforcements, fire, or other 

appropriate governmental agencies.

14. If the sUAS loses communications or loses its GPS signal, the sUAS will have the 

capability to return to a pre-determined location within the Security Perimeter and 

land safely.

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

emergencies. 

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.

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 sUAS will have no airworthiness certificate, an exemption may be 

needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the 

word “experimental” can be placed. Given the size of the sUAS, two inch lettering will be 

2633 Lantana Road, Suite 12. Lantana Florida. 33468. (561) 891-7272. info@superskywords.com 4
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 sUAS marked on its fuselage 

as required by §45.92 (f) where the pilot, observer and others working with the sUAS will see 

the identification of the sUAS as “Experimental”. The FAA has issued the following exemptions 

to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

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

SMG Drone PICs will be FAA Commercially rated pilots with a second class medical. Sections 

61.113 (a) & (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 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 as set forth in the Manual. The level of safety provided by 

the requirements included in the Manual exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. 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 private pilot as the PIC 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 check lists prior to each flight, as set forth in Sections J, L and Q, 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.

2633 Lantana Road, Suite 12. Lantana Florida. 33468. (561) 891-7272. info@superskywords.com 5
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 set 

forth by the pre-flight checklist as set forth in the Flight Operations Manual. The PIC will take all 

actions including reviewing weather, flight battery requirements, landing and takeoff distances, 

aircraft performance data and setting the pre-determined safe landing area in case of loss of 

GPS communication 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. 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 

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 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. The sUAS will 

never operate at 

higher than 400 AGL. 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 aerial photography and cinematography industry. In addition, the lowaltitude operations of the sUAS will ensure separation between these sUAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

2633 Lantana Road, Suite 12. Lantana Florida. 33468. (561) 891-7272. info@superskywords.com 6
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 the Pre Flight Check list, 

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 40 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS 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 night VFR conditions is reasonable.

SMG Drones believes that an exemption from 14 CFR §91.151(a) falls within the scope 

of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with FAR 91.151 (a)). 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 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 

30 minutes or 25% of battery power whichever happens first. This restriction would be more 

than adequate to return the sUAS 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. §91.203 (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. . . .

2633 Lantana Road, Suite 12. Lantana Florida. 33468. (561) 891-7272. info@superskywords.com 7
! ! (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 sUAS. 

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. §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 these small UASs are very limited in size and will carry a small 

payload and operate only in restricted areas for limited periods 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. 

*********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules:

! ! 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 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) and (b); 91.405 

! ! (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate 

! ! commercially a small unmanned vehicle (55lbs or less) in aerial photography and 

! ! cinematography for residential and commercial real estate and closed-set special 

! ! events. 

Approval of exemptions allowing commercial operations of sUASs for aerial 

photography and cinematography for real estate and close-set special events will enhance safety 

by reducing risk. Conventional real estate aerial photography and cinematography use jet or 

piston powered aircraft which cary large amounts of combustable fuel posing increased risk. 

Conversely, sUASs carry no combustable fuel, weigh only 55 lbs. or less comparatively to 3,000+ 

lbs. of a conventional aircraft, are much more easily maneuverable and do not ferry to and from 

2633 Lantana Road, Suite 12. Lantana Florida. 33468. (561) 891-7272. info@superskywords.com 8
the production location. Additionally, flying at or below 400 AGL sUAS will be no factor with 

fixed wing and rotor wing aircraft. 

The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of Part 

21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close 

to the ground, and in a sterile environment and, as a result, are far safer than conventional 

operations conducted with traditional aircraft which pose a safety risk. There are no personnel 

on board the sUASs and therefore the likelihood of death or serious bodily injury is significantly 

diminished. All flights will occur over private or controlled access property with the property 

owner’s prior consent and knowledge. Filming will be of people who have also consented to 

being filmed or otherwise have agreed to be in the area where filming will take place. SMG 

Drones will provide an equivalent or better level of safety as that achieved under the current 

FAR’s.

SMG Drones respectfully request that the FAA grants the exemption request. 

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 applicant’s UAS in aerial 

photography and cinematography for the real estate industry and close-set special events 

pursuant to the Manuals appended hereto. 

 Sincerely, 

 Jorge Gonzalez, ATP, CFI, CFII

 SMG Drones

Re: Regulatory Docket No. FAA-2015-0029-0001

2633 Lantana Road, Suite 12. Lantana Florida. 33468. (561) 891-7272. info@superskywords.com 9