Alexander J. Smith 

4999 Pimlico Dr.

Tallahassee, FL 32309

November 4, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE Washington DC 20590 

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); 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) 

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

Alexander J Smith, operator of small Unmanned Aerial Systems (UAS), hereby applies for an exemption 

from the listed Federal Aviation Regulations to allow commercial operation of a small UAS, so long as 

such operations are conducted within and under the conditions outlined herein or as my be established 

by the FAA as required by Section 333. 

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, 

would operate in the following manner: 

1. Aerial photography and/or video for public and/or private use including real estate, agriculture, 

architecture, land surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public events, and 

cinematography. 

3. Aerial inspection/photography of residential/agricultural/commercial structures under contract with 

the owners or local government authority. 

4. Aerial video/photography 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. 

As described fully below, the requested exemption would permit the operation of small UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will 

provide safety enhancements to the already safe operations in the industry presently using conventional 

aircraft. 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.” 
The name, phone, email and address of the applicant: 

Name: Alexander J Smith

Phone: (850) 296-8769

Email: floridaaerialvideo@gmail.com

Address: 4999 Pimlico Dr. Tallahassee, FL 32309

Regulations from which the exemption is requested: 14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 

61.113(a) 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) 

The small UAS’s I will be using are multi-rotor craft weighing no more than 55lbs. including payload. 

Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the 

ability hover and move along a vertical and horizontal plane simultaneously. They can operate in line of 

sight.

Given the small size of the small 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. 

UAS 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 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: 

1.The small UAS will weigh less than 55 lbs. 

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

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 

25% battery power reserve or 30 minutes of flight time whichever occurs first. 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not 

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

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the Visual 

Observer (VO) when needed and may include but not limited to a Camera Operator. 

6. A briefing will be performed regarding the planned small UAS operations prior to each day’s flight 

consisting of all the days’ production activities. 

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

8. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability 

to return to a pre-determined location within a designated location and land autonomously. 

9. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, 

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 small UAS. In all cases, an 

analysis of these criteria demonstrates that the small 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 small UAS to be operated hereunder is less than 55 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. 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 small 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 small UAS will have no airworthiness certificate, an exemption may be needed 

as the small 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 small 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 small UAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the small 

UAS will see the identification of the small UAS as “Experimental.” 
14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), 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. Our 

small UAS do not carry any pilots or passengers nor property therefore I am seeking an 

exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control 

piloting skills. The risks attendant to the operation of small UAS is far less than the risk levels 

inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations 

set forth in the FOM will equate to the safe operation of the small 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 and use of safety checklists 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 small 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 small 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 OPERATOR will take all actions including 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. Small UAS 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. 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 small 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 small UAS will never operate at higher than 400 AGL with the exception that in 

circumstances where the small UAS is used to survey or photograph a structure whose height 

exceeds 400 feet AGL, the small UAS will not be operated more than 100' 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 small 

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 small UAS will ensure 

separation between these small- 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 small 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 small UAS provides approximately 30 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited 

to approximately 10 minutes in length. Given the limitations on the small 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 

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 small 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 30 minutes or 25% of battery 

power— whichever happens first. This restriction would be more than adequate to return the 

small 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 small 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 small UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the small UAS will have immediate access to them; to the extent 

they are applicable to the small 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 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 small 

UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator 

will ensure that the small 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 small UAS Manufacturer's Manual, as referenced in the 

Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure that the 

small UAS is in working order prior to initiating flight and perform required maintenance 

needed. 
Small UAS Information 

Small UAS’s to be used are as follows but not limited to providing they are within the scope of 

the exemption granted by the FAA: 

1. DJI Phantom 2 Vision Plus 

2. DJI Phantom 3 Vision Plus 

The DJI Phantom is a small quadcopter that takes off and lands vertically (VTOL) and is powered 

by 4 electric motors and a 5200 milliampere lithium polymer battery pack. It has a ready to fly 

gross weight of 2.2 pounds and can fly a mission of about 14 minutes duration on a fully charged 

battery, and has a maximum airspeed of approximately 29 knots. It has a sophisticated onboard 

flight controller with GPS integration that provides stabilized flight and extremely precise control 

from the portable Ground Control Station (GCS). There is a flight telemetry system that delivers 

flight data from the onboard flight computer to the GCS including altitude AGL, horizontal and 

vertical speed, battery voltage, compass direction of flight and direction back to the takeoff 

point. The flight controller also has many built-in safety features that will command the 

Phantom to return to the takeoff point in the event of a Loss of Link (LOL). There is a low battery 

voltage indication at 20% battery power remaining, and a “hard” warning at 15% remaining that 

will begin a slow descent for landing. The user can define maximum flight parameters such as 

altitude and/or lateral distance from the GCS. The Phantom 2 has a 3 axis gimbal that provides 

stabilization for a small digital camera allowing for smooth 5 and accurate photo and video 

acquisition. The Phantom carries a low power Video Transmitter that transmits live video feed 

data to a 7 inch LCD screen that displays live video data to the operator and/or Visual Observer 

(VO). Manual Herehttps://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual__V1.

6.pdf

3. Tarot 680 Pro

The Tarot 680 is a small VTOL hexacopter that is powered by 6 electric motors and a 5000 

milliampere lithium polymer battery pack. It has a motor to motor “wingspan” of 30 inches, and 

has a ready to fly gross weight of 3.8 pounds. It can fly a mission of about 12 minutes on a fully 

charged battery pack, and has a maximum airspeed of approximately 29 knots. The Tarot 680 

has an onboard flight controller (DJI Naza) with GPS integration that has the exact same 

operating and safety features and flight characteristics as the Phantom described above 

(including the two battery low level warnings). The camera and camera gimbal carried onboard 

the Tarot 680 is the same as carried on the Phantom. The GSC for the Tarot 680 consists of a 

Futaba 16SG RC transmitter used by the operator to control the UAV, as well as the same 7 inch 

LCD screen to view live video downlink images.

Ground Control Station (GCS): The GCS consists simply of a hand-held RC transmitter used to 

pilot the UAV and a 7 inch LCD screen attached to the RC transmitter to view the live image of 

the on board camera. This makes the GCS very portable and allows for flexibility and ease of use. 

It is also very non-intrusive for observers and non-participants.

The RC transmitter transmits on the 2.4 GHZ and 433 MHZ band. 7 inch LCD screen receives and 

displays the video signal being transmitted from the 1.3 GHZ video transmitter on board the 
UAV. This system does require an Amateur Radio License from the FCC. Mr. Smith holds a 

Technician Operator License from the FCC.