Electronic Submission 

December 21, 2015 

U.S. Department of Transportation, Docket Operations West Building Ground Floor, 

Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein 

referred to as FMRA) and 14 CFR Part 11, Smith & Lett LLC d/b/a/ Phoenix Filming

(herein referred to as Phoenix Filming) hereby applies for an exemption from the listed 

Federal Aviation Regulations (FARs) to allow commercial operation of UAS for the 

acquisition of aerial data, provided that the proposed UAS operations comply with the 

conditions outlined below or as established by the FAA.

As detailed in this document, the requested exemption would permit the operation of 

UAS under controlled conditions in the United States. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to 

“...establish requirements for the safe operation of such aircraft systems in the national 

airspace system.” Section 333(c) Reform Act. 

The name and address of the applicant is: 

Smith & Lett LLC, d/b/a Phoenix Filming

Melissa K. Smith

CEO & Co-Founder

1200 18th Street, NW

Suite 700

Washington, D.C. 20036

Tel: 909.991.5505

Email: msmith@phoenixfilming.com
Phoenix Filming makes this request under the “summary grant” process that the FAA 

announced in April 2015.1 This request is similar in all material respects to a number of 

recent grants of exemption, including Grant of Exemption No. 12646 to Measure (FAA 

Docket No. 2015-1602)2

Regulations from which the exemption is requested: 

14 CFR Part 21

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

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b) 

14 CFR 91.405(a)

14 CFR 407(a)(1) 

14 CFR 409(a)(2) 

14 CFR 417(a) & (b) 

AUTHORITY FOR EXEMPTIONS 

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This 

statutory authority includes exempting civil aircraft, as the term is defined under §40101 

of the Act, including UAS, 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.3

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may

operate in the national airspace system without creating a safety hazard to the user, the 

public, or a threat to national security. In making this determination, the Secretary must 

																																																							

1 See FAA Summary Grants Speed UAS Exemptions, available at 

https://www.faa.gov/news/updates/?newsId=82485. 

2 The use limitations and arguments in this application are nearly identical to those 

contained in Measure’s May 4, 2015 and June 8, 2015 application and the FAA’s August 

28, 2015 approval of that application. Other FAA 333 approvals that are similar to the 

request of Phoenix Filming include 11062, 11109, 11112, 11213 and 12911.

3 49	USC	§44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 91.203(a)(1)
consider; the UAS’ size, weight, speed and operational capability, proximity to airports 

and populated areas, and operation within visual line of sight of the operator

Reform Act 333(a). If the Secretary determines that a UAS “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.”4

PHOENIX FILMING

Phoenix	Filming	utilizes	UAS	technology	to	deliver	specific,	low	risk,	and	cost	

effective	actionable	data	to	clients.		For	clients	who	have,	want,	or	think	they	want	to	

incorporate	UAS	into	their	current	operating	structure,	Phoenix	Filming	helps	them	

avoid	the	capital	expense	and	operating	risks	of	developing	their	own	drone	

program.		Phoenix	Filming	works	with	clients	to	develop	a	program	in	a	way	that	

better	fit	their	observation	and	data	requirements	and	cost	profiles.		

Phoenix	Filming	supports the	development	and	operations	of	UAS	programs	for	NFL	

and	NCAA	teams.		We	also	work	within	other	industries	including; law	enforcement,	

disaster	relief,	search	and	rescue,	energy	and	infrastructure,	oil	and	gas,	agriculture,

and	security.

UAS AND OPERATIONAL DESCRIPTION 

Phoenix Filming seeks to commercially operate a variety of UAS weighing less than 55 

pounds including payload in the United States for the purpose of acquiring aerial footage 

and data. This footage does not include closed-set locations, but team filming in and 

around NFL and NCAA stadiums (on non-game days) and NFL and NCAA practice and 

training facilities. 

Phoenix Filming would obtain the consent of all personnel in the locations and in the 

vicinity in which the UAS may operate (including clients that do not belong to the NFL 

or NCAA). The Appendix attached to this exemption petition lists the aircraft that 

Phoenix Filming anticipates operating. As the operator of these aircraft, Phoenix Filming 

is committed to the following conditions and limitations on its operations. Phoenix 

Filming understands that failure to comply will be grounds for the immediate suspension 

or rescission any exemption granted. 

1. Operations are limited to the UAS listed in the Appendix and those UAS 

previously approved by the Secretary when weighing less than 55 pounds 

including payload. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

																																																							

4 Id.	333	(c).
3. The aircraft will not be operated at a speed exceeding 87 knots (100 miles per 

hour). Phoenix Filming may use either ground speed or calibrated airspeed to 

determine compliance with the 87 knot speed restriction. In no case will the 

aircraft be operated at airspeeds greater than the maximum aircraft operating 

airspeed recommended by the aircraft manufacturer.

4. The aircraft will be operated at an altitude of no more than 400 feet above ground 

level (AGL). Altitude will be reported in feet AGL. 

5. The aircraft will be operated within visual line of sight (VLOS) of the Pilot in 

Command (PIC) and Visual Observer (VO) at all times. This requires the PIC to 

be able to use human vision unaided by any device other than corrective lenses, as 

specified on the PIC’s U.S. driver’s license. The PIC will be designated before the 

flight and cannot transfer his or her designation for the duration of the flight. The 

PIC will ensure that the VO can perform the duties required to the VO.

6. This exemption and all operating documents needed to operate the UAS and 

conduct its operations in accordance with the conditions and limitations stated in 

the grant of exemption are hereinafter referred to as operating documents. The 

operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. The operator will also present 

updated and revised documents if it petitions for extension or amendment. If 

Phoenix Filming determines that any update or revision would affect the basis up 

on which the FAA granted this exemption, then Phoenix Filming must petition for 

an amendment to its grant of exemption. The FAA’s UAS Integration Office 

(AFS-80) may be contacted if questions arise regarding updates or revisions to the 

operating documents.

7. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical component, 

will undergo a functional test flight prior to conducting further operations. 

Functional test flights may only be conducted by the PIC with a VO and must 

remain at least 500 feet away from non-participants. The functional test flights 

must be conducted in such a manner so as to not pose an undue hazard to persons 

and property.

8. Phoenix Filming is responsible for maintaining and inspecting the UAS to ensure 

that it is in a condition for safe operation. 

9. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. 

10. Phoenix Filming will follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. 
11. Each UAS operated under this exemption will comply with all manufacturer 

safety bulletins. 

12. Under the grant of this exemption, the PIC will hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC will also hold 

a current a UAS flight training certificate, in some cases training directly from the 

aircraft manufacturer, and a valid U.S. driver’s license issued by a state, the 

District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. 

13. Phoenix Filming will not permit any PIC to operate unless the PIC demonstrates 

the ability to safely operate the UAS in a manner consistent with how the UAS 

will be operated to acquire aerial data, including evasive and emergency

maneuvers and maintaining appropriate distances from persons, vessels, vehicles 

and structures. PIC qualification flight hours and currency will be logged in a 

manner consistent with 14 CFR § 61.51(b). Phoenix filming will operate flights 

for the purposes of training Phoenix Filming’s PICs and VOs (training, 

proficiency, and experience- building) and determining the PIC’s ability to safely 

operate the UAS. 

14. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. 

All operations will be conducted under visual meteorological conditions (VMC).

15. The aircraft will not operate within 5 nautical miles of an airport reference point 

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for 

airports not denoted with an ARP, the center of the airport symbol as denoted on 

the current FAA-published aeronautical chart, unless a letter of agreement with 

that airport’s management is obtained or otherwise permitted by a COA. 

16. The aircraft will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC. 

17. If the UAS loses communications or loses its GPS signal, the aircraft will return 

to a pre-determined location within the private or controlled-access property.

18. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

19. The PIC will be prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough available power or fuel for the 

aircraft to conduct the intended operation and to operate after that for at least five 

minutes or with the reserve power or fuel recommended by the manufacturer if 

greater. 

20. All operations shall be conducted in accordance with an Air Traffic Organizationissued (ATO) COA if the blanket COA does not cover the intended operation.
21. All aircraft operated will be identified by serial number, registered in accordance 

with 14 CFR part 47, and have identification!	(N−Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings will be as large as 

practicable. 

22. Documents used by Phoenix Filming to ensure the safe operation and flight of the 

UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be 

available to the PIC at the Ground Control Station of the UAS any time the 

aircraft is operating. These documents will be made available to the Administrator 

or any law enforcement official upon request.

23. The aircraft will remain clear and give way to all manned aviation operations and 

activities at all times. 

24. The UAS may be operated by the PIC from a moving device or vehicle; however, 

specific requests will be made via subsequent COA. 

25. All flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the aircraft or debris in the event of an accident. Phoenix 

Filming will ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the aircraft, flight operations will 

cease immediately in a manner ensuring the safety of nonparticipating 

persons; and 

b. The owner/controller/operator of any vessels, vehicles or structures has 

granted permission for operating closer to those objects and the PIC has 

made an assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard.

The PIC, VO, operator trainees, essential persons, or individuals who have signed 

consent forms are not considered nonparticipating persons under this exemption.

26. All operations conducted over private or controlled-access property will be 

conducted with the permission from the property owner/controller or authorized 

representative. Permission from property owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

27. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be 

reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov. 

DESCRIPTION OF SPECIFIC REGULATIONS 
14 CFR Part 21, Subpart H: Airworthiness certificates 

Subpart H, 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 Phoenix Filming, 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 USC §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 

operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

14 CFR 45.23(b): Marking of the aircraft 

This regulation requires that certain experimental, provisionally certified aircraft, or lightsport category aircraft to be marked with letters between 2 inches and 6 inches high 

“limited”, “restricted,” “light-sport,” “experimental,” or “provisional,” near each entrance 

to a cabin, cockpit or pilot station. Even though the UAS will have no airworthiness 

certificate, an exemption may 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, 2 inch lettering may be impossible. Phoenix Filming will mark the UAS as 

practicable. 

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command 

Sections 61.113(a) and (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 pilot operating the 

aircraft to have completed a UAS flight-training course. Unlike a conventional aircraft 

that carries the pilot and passengers, the UAS is remotely controlled. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in 

advance. The risks associated with the operation of the UAS are so diminished from the 

level of risk associated with commercial operations contemplated by Part 61 when 

drafted, that allowing operations of the UAS as requested exceeds the present level of 

safety achieved by 14 CFR 61.113(a) and (b). 

14 CFR 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 Phoenix 

Filming contemplates operating, should this exemption be granted, no FAA regulatory
standard would exist for determining airworthiness. Given the size of the aircraft and the 

operational restrictions put on the aircraft, an equivalent level of safety will be provided. 

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements 

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 Operating Manuals at the ground control point where the 

pilot flying the UAS will have immediate access to it. 

14 CFR 91.103: Preflight action 

This regulation requires each pilot in command take certain actions before flight to 

ensure the safety of flight. An exemption is needed from this requirement, as the pilot 

will take separate preflight actions, including checking for weather conditions, checking 

flight battery or fuel requirements, checking takeoff and landing distances, and all other

actions in the Operating Manual and safety checklists. These actions will provide an 

equivalent level of safety. 

14 CFR 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. By design, UAS 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 equivalent level of safety is provided by the fact that neither a 

pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio 

signals from the controller and by the size and speed of the aircraft. 

14 CFR 91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. The UAS will 

never operate at altitude higher than 400 AGL and all operations will occur during 

daylight hours under Visual Meteorological Conditions (VMC) only. 

The equivalent level of safety will be achieved given the size, weight and 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. Because advance notice to the property owner and any 

onsite personnel, as well as the precautions outlined below, all affected individuals will 

be aware of the planned flight operations. 

Flight operations will be conducted at least 500 feet from all non-participating persons 

(persons other than the pilot in command (PIC) or visual observer (VO), vessels, vehicles 

and structures, unless operations do not present an undue hazard. 
The UAS will remain within visual line of sight of the PIC or VO. Flight operations will 

be conducted at least 5 miles from an airport. The PIC or VO will provide notification to 

the local Flight Standards District Office and airport controller of all operations within 5 

miles of an airport. The FAA will have advance notice of all operations through the filing 

of notices-to-airmen. 

Compared to flight operations with aircraft or rotorcraft weighing far more than the UAS 

proposed herein, any risk associated with our operations is far less than those presently 

presented with helicopters and other conventional aircraft operating at or below 500 feet 

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 CFR 91.121: Altimeter Settings 

This regulation requires each person operating the 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 PIC confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions 

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. 

Relief from Section 91.151(a)(1) is requested to the extent required to allow flights of a 

variety of UAS during daylight hours in visual flight rules (VFR) conditions to continue 

until 90 percent of remaining battery power or fuel reserves remain. Phoenix Filing seeks 

the requested relief because without an exemption from Section 91.151(a)(1), the flight 

time duration of the selected aircraft will be reduced and severely constrain the 

practicality of any aerial acquisition of data that Phoenix Filming proposes to conduct 

pursuant to this Petition. 

The technical specifications of the proposed UAS, their Operations Manuals, and 

Phoenix Filming’s proposed operating limitations, ensure that Phoenix Filming will 

safely operate the selected aircraft during daylight hours in VFR conditions until 90 

percent of remaining battery power or fuel reserves remain. 

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration 

The UAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. 

Therefore, 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 CFR 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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Phoenix Filming. Maintenance will be 

accomplished pursuant to the User Guide or Operating Manual. An equivalent level of 

safety will be achieved because these UASs are 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 PIC 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 PIC 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. 

THE EXEMPTION IS IN THE PUBLIC INTEREST 

As demonstrated above, the proposed UAS operations would minimize the risk of harm 

to individual safety or damage to the NAS and property. The operations proposed by

Phoenix Filming would provide tremendous public benefits by enabling NFL and NCAA 

teams, as well as many other industries identified above, to view footage that could not 

be captured through any other technology or current filming capabilities. The UAS 

operations as described in this application will be far safer and more efficient than the use 

of helicopters or other aircraft to capture the required data and aerial footage. 

Allowing commercial operations of UASs for aerial acquisition of data enhances safety 

while reducing risk. Manned aircraft in certain application such as pipeline monitoring 

create a greater risk because the aircraft are much larger and carry an onboard human 

pilot. In contrast, a UAS weighing 55 pounds or less will carry no passengers or crew 

and, therefore, will not expose them to the risks associated with manned aircraft flights. 

In addition, additional streams of aerial data will allow large commercial entities to make 

decisions about how to best deploy ground resources and ensure the safety and costeffectiveness of their operations. 

EQUIVALENT LEVEL OF SAFETY 

Phoenix Filming proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate within the limitations listed herein. These 

limitations provide for at least an equivalent or even higher level of safety to operations 

under the current and proposed regulatory structure. 

PRIVACY 
All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Images or video taken of individuals will have consented to 

being filmed or otherwise they will be made anonymous. 

NATIONAL SECURITY 

Given the small size of the UAS involved and the restricted environment within which 

they will operate, our petition presents no national security issue. 

FEDERAL REGISTER SUMMARY 

As stated above, publication in the Federal Register is unnecessary because this 

application meets the FAA’s criteria for summary approval. To the extent that the FAA 

determines the publication is necessary, the following summary is provided:

Docket No.: No. FAA-201 -____

Petitioner: Smith & Lett LLC, d/b/a Phoenix Filming

Part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 

91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of 

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

Description of Relief Sought: Phoenix Filming is seeking an exemption to conduct 

commercial acquisition of aerial data using unmanned aircraft systems. 

Based upon the foregoing, Phoenix Filming requests that the FAA grant it the necessary

exemptions under Section 333 of the FAA Reform Act as requested herein to allow for 

commercial operations of UAS within the United States. 

The conditions outlined in this application clearly satisfy Section 333’s exemption 

criteria regarding “size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight,” and therefore the proposed 

operations would not create a hazard to users of the NAS or the public or pose a threat to 

national security.” 

Sincerely, 

Melissa K. Smith 

CEO & Co-Founder

Phoenix Filming

Smith & Lett LLC

1200 18th Street NW, Washington DC, 20036