**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 ) hereb y 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 b y the FAA. As detailed in this document , the reque sted exemption would permit the operation of UAS under controlled c onditions in the United States. Approval of this exemption would thereb y enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish requirements for the safe operation of such aircraft s ys tems in the national airspace sy stem.” Section 333(c) Reform Act. The name and address of the applicant is: Smith & L ett LLC, d/b/a Phoenix Filming Melissa K. Smith CEO & Co

- Founder 1200 18 th Street, NW Suite 700 Washington, D.C. 20036 Tel: 909.991.5505 Email: msmith@phoenixfilming.comPhoenix 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 authorit y 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 an y s ections §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 s ys tem without creating a safet y hazard to the user, the public, or a threat to national securit y. 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 applicatio n. 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, s peed and operational capabilit y, 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 safel y in the national airspace s ys tem, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace sy stem.” 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 avoi d	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 support s the	dev elopment	and	operations	of	UAS	programs	for	NFL and	NCAA	teams.		We	also	work	wi thin	other	industries	including; law	enforcement, disaster	relief,	search	and	rescue,	energy	and	infrastructure,	oil	and	gas, agriculture, and	security.
**UAS AND OPERATIONAL D ESCRIPTION**  Phoenix Filming seeks to commerciall y operate a variet y of UAS weighing less than 55 pounds including payload in the United States for the purpose of acquiring aerial footage and data. This f

ootage does not include closed

- set locations, but t eam filming in and around NFL and NCAA stadiums (on non

- game day s) 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 c lients that do not belong to the NFL or NCAA)

. The Appendix attached to this exemption petition lists the aircra ft that Phoenix Filming anticipates operating. As the oper ator of these aircraft, Phoenix Filming is committed to the following conditions and limitations on its operations. Phoenix Filming understands that failure to compl y will be grounds for the immediate suspension or rescission an y exemption granted.
1. Operations are limited to the UAS listed in the Appendix and those UAS previously

approved b y the Secretary when weighing less than 55 pounds including payload.
2. Operations for the purpose of closed

- set motion picture and televis ion 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. Inno case will the aircraft be ope rated at airspeeds greater than the maximum aircraft operating airspeed recommende d 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 (VLO S) of the Pilot in Command (PI C) and Visual Observer (VO) at all times. This requires the PIC to be able to use human vision unaided b y an y device other than corrective lenses, as specified on the P IC’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 PI C will ensure that the VO can perform the duties required to the VO.
6. This exemption and all operatin g docum ents 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 an y update or revision would affect the basis up o n 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 b y the PI C 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 propert y. 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 safet y bulletins. 12. Under the grant of this exemption, the PI C 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 directl y from the aircraft manufa cturer, and a valid U.S. driver’s license issued b y 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 PI C 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 safel y 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 m eteorological 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 s ymbol 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 v isibility is less than 3 statute miles from the PI C.
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 PI C will abort the flight in the ev ent of unpred icted obstacles or emergencies.
19. The PI C 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 ope rate after that for at least five minutes or with the reserve power or fuel recommended b y the manufacturer if greater. 20. All operations shall be conducted in accordance with an A ir T raffic O rganization

issued (ATO) COA if the blanket COA does no t cover the intended operation.21. All aircraft operated will be identified b y 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 practi cable.
22. Documents used b y Phoenix Filming to ensure the safe operation and flight of the UAS and an y documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS an y time the aircraft is operatin g. These documents will be made available to the Administrator or an y 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 fr om 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, v ehicles, and structures unless: a. Barriers or structures are p resent 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 person s 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 an y vessels, vehicles or structures has granted permission for operating closer to those objects and the PI C has made an assessment of the risk of operating closer to those objects and determined that it do es not present an undue hazard.
T he PI C, VO, operator trainees, essential persons , or individuals who have signed consent forms are not considered nonparticipatin g persons under this exemption.
26. All operations conducted over private or controlled

- access property will be conducted with the permission from the propert y owner/controller or authorized representative. Permission from propert y owner/controller or authorized representative will be obtain ed 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 b y the applicable COA will be reported to the FAA's UAS Integration Office (AFS −80) wi thin 24 hours. Accidents must be reported to the National Transportation Safet y 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 Pho enix 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 anal ys is 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 light

sport 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 lette ring may be impossible. Phoenix Filming will mark the UAS as practicable. 14 CFR 61.113(a) & (b): Private pilot privilege s 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 safet y of current operati ons 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 b y Part 61 when drafted, that allowing operations of the UAS as requested exceeds the present level of safet y achieved b y 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 regulatorystandard would exist for determining airworthiness. Given the size of the aircraft and the

operational restrictions put on the aircraft, an equivalent level of safet y 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 manu al on the aircraft, not only because there is no pilot on board, but because there is no room or capacit y to carry such an item on the aircraft. The equivalent level of safety will be maintained b y 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 safet y of flight. An exemption is needed from this requirem ent, 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 safet y checklists. Th ese actions will provide an equivalent level of safet y. 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 full y functioning dual controls. By

design, UAS do not have full y 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 b y 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 b y the size and speed of the aircraft. 14 CFR 91.119: Minimum safe altitudes Section 91.1 19 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 safet y 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 an y onsite personnel, as wel l 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 (PI C) or visua l 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 PI C or VO. Flight operations will

be conducted at least 5 miles from an airport. The PI C or VO wil l 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 ope rations with aircraft or rotorcraft weighing far more than the UAS proposed herein, an y risk associated with our operations is far less than those presentl y presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In a ddition, 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 b y 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 PI C 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 variet y 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 tim e duration of the selected aircraft will be reduced and severel y constrain the practicalit y of an y aerial acquisition of data that Phoenix Filming proposes to conduct pursuant to this Petition. The technical specifications of the proposed UAS, their Oper ations Manuals, and Phoenix Filming ’s proposed operating limitations, ensure that Phoenix Filming will safel y operate the selected aircraft during daylight hours in VFR conditions until 90 percent of remaining battery power or fuel reserves remain.
14 CF R 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 o r to display them on the UAS. An equivalent level of safet y 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 inspectionsThese 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 appl y only to airc raft 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 safet y will be achieved because these UASs are limited in size and will carry a small payload and operate onl y 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 workin g order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. Moreover, the PI C 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 w ould provide tremendous public benefits b y enabling NFL and NCAA teams, as well as man y other industries identified above, to view footage that could not be captured through an y other technology or current filming capabilities. The UAS operations as described in this application will be far safer and more efficient th an the use of helicopters or other aircraft to capture the required data and aerial footage.
A llowing commercial operations of UASs for aerial acquisition of data enhances safety while red ucing 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 safet y and cost

effectiveness of their operations. **EQUIVALENT LEVEL OF SAFETY** Phoenix Filming proposes that the exemption requested herein appl y to civil aircraft that have the characteristics and that operate within the limitations listed herein. These limitatio ns provide for at least an equivalent or even higher level of safet y t o 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. Im ages or video taken of individuals will have consented to being filmed or otherwise they will be made anony

mous. **NATIONAL SECURITY** Given the small size of the UAS involved and the restricted environment within which they will operate, our petition presents no national securit y issue. **FEDERAL REGISTER SUMMARY** As stated above, publication in the Federal Register is unnecessary bec ause 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 & L ett 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 s ys tems. B ased upon the foregoing, Phoenix Filming requests that the FAA grant it the necessary exemptions under Section 333 of the FA A Reform Act as requested herein to allow for commercial operations of UAS within the United States. The conditions outlined in this application clearl y satisfy Section 333’s exemption criteria regarding “size, weight, speed, operational capability , prox imity 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 securit y.” Sincerel y, Melissa K. Smith C EO & Co

- Founder Phoenix Filming Smith & L ett LLC 1200 18 th Street NW, Washington DC, 20036