Peter Smith (Sky HD Media Productions, LLC), Mesa, AZ- Section 333 Exemption Petition

June 10, 2015

PO Box 4631

Apache Junction, AZ 85178

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from 14 C.F.R.45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 

91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) 

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

To Whom It May Concern:

I, Peter Smith (Sky HD Media Productions, LLC), am writing pursuant to the FAA 

Modernization and Reform Act of 2012 and the procedures in 14 C.F.R. 11, to request 

that I, Peter Smith, may operate my small unmanned aircraft systems (UAS) in 

commercially regulated airspace by the Federal Aviation Administration (FAA).

I, Peter Smith (Sky HD Media Productions, LLC), have been flying UAS for recreational 

purposes for the past 10 years. I have experience in flying hobby planes, drones, and 

helicopters. In the 10 years, I have flown without incident and pledge my continued 

commitment to safety on all future flights. With the exemption and approval by the 

FAA, I, Peter Smith (Sky HD Productions, LLC), will use my DJI Inspire 1, DJI Phantom 3, 

and RF-70 (a fixed wing) as a professional aerial filmmaking platform for the following 

applications: for real estate/Realtor purposes, Search and Rescue, agricultural field 

monitoring, land/trusts inspections, structure inspections, and film/video productions.
I. Safety, Design, and Operations

The DJI Inspire 1, DJI Phantom 3, and RF-70 that I will be using for videography will be safely 

conducted to minimize risk to NAS, people and property on the ground and in the air. The 

Inspire 1, Phantom 3, and RF-70 are professional aerial film making platforms. The advanced 

flight controller makes the Inspire 1, Phantom 3, and RF-70 stable, safe, and easy to fly. The 

Vision Positioning system, on the Inspire 1 and Phantom 3, gives it the power to hover in 

position at low altitudes even without GPS. The UASs are able to return home if the remote 

controller signal is lost or if the low battery warning is triggered. They are equipped with an 

onboard camera. The Inspire 1 has a maximum flight speed of 22m/s (no wind), and a 

maximum flight time of 18 minutes using one fully charged 4500mAh Intelligent Flight Battery. 

The Phantom 3 has a maximum speed of 10m/s (no wind), and a maximum flight time of 18 

minutes using one fully charged 4480mAh Intelligent Flight Battery. The RF-70 has a maximum 

flight speed of 30mph, and a maximum flight time of 40 minutes using one fully charged 4S 

10,000mAh battery. I have programmed the UASs to give me an automatic low battery 

warning at 30%, and at 10%, they will automatically RTL (return to launch). I, Peter Smith have 

personally installed safety protocols and regulations exclusive to lightweight UAS’s for specific 

video usage by sharing information with the FAA as I, Peter Smith (Sky HD Media Productions, 

LLC), record flight data and other important information gained through permitted flight 

operations. I, Peter Smith will be cognitive of surroundings by checking for people, power lines, 

etc. 

On the DJI website (http://www.dji.com/product/inspire-1) when describing the Inspire 1 and 

Phantom 3, it states, “As it flies, the position of your Inspire 1 is constantly updated and 

recorded using a high-strength, intelligent GLONASS + GPS system. This dual positioning system 

enables higher precision and quicker satellite acquisition, allowing you to see where the aircraft 

is on a live map and giving it a point to hover at when you release the controls. In additional to 

traditional GPS, GLONASS offers an even greater level of precision by providing even more 

satellites. The Inspire 1 even remembers its takeoff point and dynamically tracks your current 

position, so you can bring your Inspire 1 back to you at the press of a button.” 

On the Troy Built Models website (http://www.troybuiltmodels.com/items/RF70-KIT.html) 

when describing the RF-70, it says the RF-70 is an “Unmanned and autonomous flight as well as 

"Fly By Wire" mode.” This means the RF-70 flies on its own, maintaining altitude, in a set course 

provided by the PIC. The RF-70 has a “telemetry system, GPS, autopilot and mission planning 

software included for easy mapping. The RF70 has many camera and GPS options for a 

downward facing camera for surveying, mapping, and agriculture.” The RF-70 features a 

Pixhawk system which allows the PIC to fly autonomously with a return to home feature. The 
Pixhawk website states (https://pixhawk.org/choice), “The benefits of the Pixhawk system 

include integrated multithreading, a Unix/Linux-like programming environment, completely 

new autopilot functions such as sophisticated scripting of missions and flight behavior, and a 

custom PX4 driver layer ensuring tight timing across all processes.” The benefit of having a 

return to home option on the UASs is that they give the PIC more control over the UAS, which 

makes it safer.

The DJI Inspire 1, DJI Phantom 3, and RF-70 also feature Electronic Speed Controllers (ESCs) that 

handle communication between the Main Controller and motors. “They tell each motor exactly 

how fast to spin and how much power to use at all times. As you fly and maneuver around, 

each motor moves at its own speed as calculated by DJI’s advanced algorithms, giving you 

complete control” (DJI, 2015, website). 

The fail-safe feature on the Inspire 1, Phantom 3, and RF-70 assist them in landing before an 

accident can occur. “If the battery runs low or connection with your remote controller is lost, 

the Inspire 1 uses its positioning system and smart flight technology to return back to you” (DJI, 

2015, website). 

The Inspire 1, Phantom 3, and RF-70 are steady and stable during flight, because the advanced 

Inertial Measurement Unit (IMU) handles everything. “The IMU incorporates both a 6-axis 

gyroscope and an accelerometer to monitor miniscule changes in tilt and movement. This 

allows the aircraft to compensate and adjust immediately, holding its position at all times” (DJI, 

2015, website). Because of the DJI Inspire 1, DJI Phantom 3, and RF-70’s advanced technology in 

maintaining a stable flight, the chances of losing control over the UAS are slimmer; thus, making 

the UASs a safer UAS then most. 

The small UASs will not only be a benefit to me, Peter Smith (Sky HD Productions, LLC), 

commercially, but it will also play a positive role in our local community. The UAS will aid 

academic community awareness to benefit attraction to the Metro-Phoenix area, and to 

enhance public video needs. The UAS will also help decrease government expenditures by 

reducing the need for heavier manned aircraft, containing costly, combustible fuel- a potential 

public hazard in and of itself. My light weight UASs are battery powered and creates no 

emissions that can harm the environment. 

II. Procedures and Inspections

I, Peter Smith, use a fully charged battery with each flight as a safety precaution. The Inspire 1 

and Phantom 3’s full flight time limit for each battery is approximately 20mins. The RF-70 time 

limit for each battery is approximately 40mins. I fly at a limit of 7-10 minutes on the Inspire 1 

and Phantom 3, and 30mins on the RF-70 on each battery, preferring to remain well within a 

safe operating range to insure adequate communication between radio control and UAS. 
Reserve batteries are always on hand with each flight, to insure replacement for sufficient safe 

level of operation. 

Before switching the Inspire 1, Phantom 3, and RF-70 on for calibration and parameter setting, 

I, Peter Smith, check/remove all propellers/wings to ensure the safety of myself and others. I, 

Peter Smith, check all connections and keep other people, animals, or obstructions a safe 

distance away during firmware upgrades, system calibration, and parameter setting. When 

putting my propellers/wings on the Inspire1, Phantom 3, or RF-70, I check to make sure they’re 

tight before flight. Before flight, I check for damaged or worn propellers/wings, batteries, and 

other parts that should be replaced or repaired. I check to make sure the flight battery, remote 

controller, Wi-Fi range extender, and all other necessary items are fully charged. 

III. Specifications 

The Inspire 1 and Phantom 3’s operating frequency is 2.400~2.483 GHz for the flight controls. 

According to the DJI website on the Inspire 1 aircraft, it has the following specifications:

Model: T600, Weight: 2935 g (about 6.47 pounds), Hovering Accuracy (GPS Mode): Vertical- 0.5m and 

Horizontal- 2.5m, Max Angular Velocity: Pitch- 300°/s and Yaw- 150°/s, Max Tilt Angle: 35°, Max Ascent 

Speed: 5 m/s, Max Descent Speed: 4 m/s, Max Speed: 22 m/s, Max Flight Altitude: 4500 m, Max Wind 

Speed Resistance: 10 m/s, Max Flight Time: Approximately 18 minutes, Motor Model: DJI 3510, 

Propeller Model: DJI 1345, Operating Temperature Range: -10° to 40° C, Diagonal Distance: 559 to 581 

mm, Dimensions: 438x451x301 mm (see attached manual)

The Phantom 3’s specifications are as follows:

Weight: 1280 g, Hovering Accuracy (GPS Mode): Vertical +/- 0.5m and Horizontal +/- 1.5m, Max Speed: 

16 m/s, Max Flight Altitude above Sea Level: 6000 m, Max Flight Time: Approximately 23 minutes, Motor 

Model: DJI 3510, Propeller Model: DJI 1345, Operating Temperature Range: -10° to 40° C, Diagonal 

Distance Including Propellers: 590 mm (see attached manual)

The RF-70’s operating frequency is

Weight: 9lbs, Max Speed: 55m/h, Max Flight Altitude above Sea Level: 6000 m, Max Flight Time: 

Approximately 40 minutes, Motor Model: Hyperion, Propeller Model: APC, Operating Temperature 

Range: -10° to 40° C, Diagonal Distance: 70inches wing tip to wing tip (see attached manual)

The Inspire 1 has a weight of about 6.47lbs, the Phantom 3 has a weight of 1280 g, and the RF70 has a weight of 9 pounds. This is well below the maximum FAA requirement of 55lbs. The 

maximum speed that I, Peter Smith, use on the Inspire 1, Phantom 3, and RF-70 is 35 knots. 

According to Overview of Small UAS Notice of Proposed Rulemaking, it states that a small UAS 

should not exceed 87 knots.
I, Peter Smith, pilot my UASs through remote control only by line of sight, and have live video 

feed for a secondary pilot to monitor video recording. I receive a live telemetry feed from my 

UASs during all flights which include remaining battery voltage, distance, altitude, and any 

abnormalities that may occur during flight. 

IV. Qualifications 

Remote UASs can be controlled by unmonitored amateur hobbyists with no safety plan or 

controls in place to help prevent catastrophe. I, Peter Smith, have many years of experience in 

flying UAS, and can put a mind at ease knowing I have personally installed safety controls to 

avoid and prevent public hazard. 

I, Peter Smith, have operated UASs for 10 years. On top of flying UAS, I have approximately 

8,000 hours of flight simulator time. The types of UASs I have operated are as follows: multirotors, collective pitch helicopters, fixed wings, sports planes, and jets.

I have logged a total of 6 hours in a manned aircraft, Cessna 172, 1979 single prop. During this 

experience, I have learned the standard safety protocols required before and during flight. 

For about a year, I, Peter Smith, was employed as the Wing Development Manager at a 

company called RoboFlight. This entailed me to build, program, and operate a Fixed Wing, and 

train other staff members on safety protocols. I instructed other staff members on how to 

operate and maintain the Fixed Wing safely. Because of this experience, I have learned how to 

program an UAS with safety controls, as well as other programming for functionality. 

V. Intended UAS Operation

My, Peter Smith’s (Sky HD Media Productions, LLC), intended UAS operations would be for the 

development of community, for real estate/realtor purposes, Search and Rescue, agricultural 

field monitoring, land/trusts inspections, structure inspections, and film/video productions. My 

UAS operations would not affect safety, because I would fly within tightly controlled, 

predetermined areas away from the general public, airports, and vehicular traffic. I would fly in 

wide open areas that are permissible property boundaries according to the local laws and 

regulations, FAA, and my clients. 

In addition to my intention of flying the Inspire 1, Phantom 3, and RF-70 safely according to the 

FAA rules, all of them were engineered to be as safe as possible for the PIC and its 

surroundings. The Inspire 1, Phantom 3, and RF-70 features a built in flight control system and 

was made to be as safe as possible. The DJI Inspire 1 and Phantom 3 have an advanced “ready 

to fly” design, and have “safety features, including Return Home and position stabilization.”
VI. Operate Within Regulations

I, Peter Smith will fly only within line of sight. The maximum altitude I will fly my UAS is 200 

feet (well within the 400 ft regulated by the FAA Modernization and Reform Act of 2012). I will 

not fly behind obstacles or at distances that make it impossible to see my platform. The 

maximum operating speed I will operate is 35knots.

I, Peter Smith, will not operate my UAS near airports, hospitals or police heliports, and near 

areas where general public is within fifty to one hundred yards. 

The Inspire 1, Phantom 3, and RF-70 are programmed for flight restriction in/within 5miles of 

any airports. According to the DJI website, when describing the Inspire 1 and Phantom 3 it 

states, “In order to increase flight safety and prevent accidental flights in restricted areas, DJI 

has introduced a No Fly Zones feature to help everyone use their DJI products safely and 

legally.These zones include airports worldwide and other areas where flying might pose an 

unnecessary risk, including national borders and sensitive institutions.” 

I, Peter Smith, am constantly on alert for any manned aircraft and prepared to land/abort 

immediately to the nearest and safest ground point should a manned aircraft approach, or I my 

location. 

My UAS is capable of vertical and horizontal operations, and is flown only within my line of 

sight. It has capabilities of geofencing which will prevent the craft from exceeding a set altitude 

or distance. No matter what causes the craft to breach those boundaries- the craft is forced 

back within the boundary limits. It will take over the craft to keep it within those set boundary 

lines and allow the pilot to regain control once the craft is within those boundaries. My UAS is 

flown with a second operator who aids in watching for any obstacles. I, Peter Smith, do not 

believe in taking risks that may cause a crash, that could create hazard to the 

public/property/aircrafts, and I have no desire to lose an investment. I have clocked numerous 

practice flights and simulated flights to gain familiarization with the characteristics of this 

specific UAS’s performance under different temperature and weather conditions. This helps 

me build adequate skills and response reflex time for safety. 

I, Peter Smith, will only operate in safe environments that are strictly controlled. The 

environment will be safely away from power lines, elevated lights, airports, and actively 

populated areas. I conduct extensive preflight inspections and protocols. I always will have all 

necessary permissions prior to operation, and have procedures in place to abort flights in the 

event of safety breaches or potential danger. 

VII. Exemption from Regulations
The FAA May Publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the like. 

14 C.F.R.21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR 91.203 (a) (1). The size, 

weight, and operational area of my, Peter Smith (Sky HD Media Productions, LLC), UAS, permits 

exemption from Part 21, because my UAS meets (and exceeds) and equivalent level of safety 

pursuant to Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt 

UAS’s from the airworthiness certificate requirement in consideration of the weight, size, 

speed, maneuverability, and proximity to areas such as airports and dense populations. My, 

Peter Smith’s, current and projected UAS’s meet or exceed each of the elements. 

14 C.F.R. 91.7 (a) Prohibits the operation of an aircraft without an airworthiness certificate. 

This regulation is inapplicable, because no such certificate will be applicable in contemplated by 

the FARs.

14 C.F.R. 91.9 (b) (2) Requires an aircraft flight manual in the aircraft. As there are no on board 

pilots or passengers, and given the size of the UAS’s, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating 

areas of where safety can be defined.

The FAA has previously issued exemption to this regulation in Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700, and 32827.

14 C.F.R. 91.121 Regarding altimeter settings is inapplicable as my UAS utilizes electronic global 

positioning systems with a barometric sensor or controlled GPS “geofencing.”

14 C.F.R. 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The same level of 

safety will be achieved by maintaining any such required certifications and registrations by me, 

Peter Smith.

B. 14 C.F.R. 45.23: Marketing of the Aircraft. Applicable Codes of Federal Regulation require 

aircraft to be marked according to certain specifications. My UAS can be marked with the 

appropriate “N” number once this “N” number has been given.

C. 14 C.F.R. 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. 61.113 (a) 

& (b), private pilots are limited to non-commercial operations. I, Peter Smith (Sky HD Media 

Productions, LLC), can have equivalent level of safety as achieved by current Regulations, 

because my UAS does not carry any pilots or passengers. A pilot license will not ensure remote 

control piloting skills. The risks attended to the operation of my UAS are far less than the risk 

levels in the commercial activities outlined in 14 C.F.R. 61. Thus, allowing me, Peter Smith, to 
operate my UAS to meet and exceed current safety levels in relation to 14 C.F.R. 61.113 (a) & 

(b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. 91.119 prescribes safe altitudes for the 

operation of civil aircraft. My UAS will never operate at an altitude greater 200 above ground 

level; safely below the standard of 400 AGL. I, Peter Smith, will however operate my UAS in 

safe areas away from public and traffic in minimum safe altitudes. 

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections. These 

Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, 

apply to my, Peter Smith’s, UAS. However, as a safety precaution, I inspect my UAS before and 

after each flight.

In summary, I, Peter Smith, wish to receive exemption from the following Regulations: 14 C.F.R. 

21, subpart H; 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(b); 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) and (b); 14 C.F.R. 91.405 (a); 14 C.F.R. 91.407 (a)(1); 14 C.F.R. 91.409 (a) 

(2); and 14 C.F.R. 91.417 (a) & (b) to commercially operate my, Peter Smith’s (Sky HD Media 

Productions, LLC), small UASs in community awareness, structural inspection, search and 

rescue, and real estate operations in the Phoenix metro area. 

I will use safety protocols and the implementation of a flight operations manual for the means 

and methods for safe flight. I, Peter Smith, respectively request that the FAA grant my 

exemption request, and Iam willing to cooperate in sharing information with the FAA for the 

safety of the public.

Sincerely,

Peter Smith (Sky HD Media Productions, LLC)

PO BOX 4631

Apache Junction, AZ 85178

flyskyhd@gmail.com