U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Dear Sir or Madam,

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

and 14 C.F.R. Part 11, Schmitz Solutions, LLC DBA Schmitz Productions, operator of Small

Unmanned Aircraft Systems (“sUAS”) equipped to conduct aerial photography and videography

for the commercial and residential real estate, legal, construction, and insurance industries,

hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow

commercial operation of its sUAS, so long as such operations are conducted within and under

the conditions outlined herein or as may be established by the FAA as required by Section 333.

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

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1)

limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements

to the already safe operations in the film and television 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.” Section 333(c) of the

Reform Act.

1. BACKGROUND INFORMATION: THE PETITIONER

Schmitz Solutions, LLC DBA Schmitz Productions (“Schmitz Productions”), is a limited liability

company located in Fairfax County, Virginia. Schmitz Productions provides photography and

videography for the real estate, construction, legal and insurance industries.

2. PROPOSED UAS OPERATIONS: THE EXEMPTION REQUEST

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Schmitz

Productions requests that the FAA grant Schmitz Productions an exemption from certain

sections of the FAR (detailed below) so that Schmitz Productions may commercially operate

one or more small DJI Phantom 2 Vision+ drones for aerial photography and videography for its

customers, Schmitz Productions’ proposed UAS operations, as conditioned and limited herein,

will not adversely affect safety, but rather will provide an equivalent or greater level of safety

than that provided by the current rules and large manned aircraft operations.

Pilot in Command (PIC) will operate only in line of sight and will operate in accordance with the

manufacturer's User Manual (version 1.8) and Pilot Training Guide, attached (hereinafter

referred collectively as “the Manuals”). All flights will occur over private or controlled access

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property with the property owner’s, or their duly appointed representative, prior consent and

knowledge.

Your name and mailing address. You may include other contact information such as a fax

number, telephone number, or email address;

Name: Schmitz Productions

Address: 7008 Benjamin Street, McLean, VA 22101

Telephone number: 703­598­5073

Email: Max@schmitzproductions.com

Principal officer: Christopher Maximilian Schmitz

Legal status: LLC

Entity established: June 17, 2015

The specific section or sections of 14 CFR from which you seek an exemption;

14 C.F.R. Part 21, Subpart H, Airworthiness Certificates & 14 C.F.R. § 91.203(a)(1).

14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements.

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

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

14 C.F.R. § 91.103: Preflight Action.

14 C.F.R. § 91.109(a): Flight Instruction.

14 C.F.R. § 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.121 Altimeter Settings.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration.

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance Inspections.

The extent of relief you seek and the reason you seek the relief; the reasons why granting

your request would be in the public interest; that is, how it would benefit the public as a

whole; and the reasons why granting the exemption would not adversely affect safety, or

how the exemption would provide a level of safety at least equal to that provided by the

rule from which you seek the exemption;

14 C.F.R. Part 21, Subpart H, Airworthiness Certificates & 14 C.F.R. §91.203(a)(1).

This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the

procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R.

§91.203(a)(1). Given the size and limited operating area associated with the sUAS to be utilized

by the Petitioner, 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.

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The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability, and proximity to airports and

populated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the sUAS 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 rotorcraft operating with an airworthiness

certificate without the restrictions and conditions of the proposed sUAS operations.

Equivalent Level of Safety

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor

passenger, and carries no explosive materials or flammable liquid fuels. Unlike other civil

aircraft, the proposed operations in this petition for exemption will be controlled and monitored

by the operator, in accordance with the Manuals’ requirements.

These safety enhancements, which already apply to civil aircraft operated in connection with

existing inspection operations, 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 sUAS, 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. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal

category rotorcraft.

To the extent the Petitioner's sUAS would otherwise require certification under Part 27, as a

rotorcraft, Petitioner requests an exemption from Part 27's airworthiness standards for the same

reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification

Requirements.

This petition seeks an exemption from the aircraft marking and identification requirements of 14

C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, provides

that:

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No person may operate a U.S.­registered civil aircraft unless that aircraft is identified in

accordance with part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed

on limited, restricted or light­sport 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," "light­sport," "experimental," or "provisional," as applicable.

14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the

cabin, fuselage, boom, or tail the marks required by §45.23.

Exemption from § 45.23(b) is warranted because the sUAS has no entrance to the cabin,

cockpit, or pilot station on which the word "Experimental" can be placed. Moreover, given the

size of the sUAS, two­inch lettering would be impossible. The word "Experimental" will be

placed on the fuselage in compliance with § 45.29(f).

Given the nature of the specific relief sought by this exemption request, Petitioner requires relief

from the associated marking and identification requirements of § 45.27(a) and § 91.9(c), which

would require compliance with § 45.23(b).

Equivalent Level of Safety

An equivalent level of safety for exemptions to the aircraft marking and identification

requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the sUAS marked

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

sUAS will see the identification of the UAS as "Experimental." Additionally, Petitioner will ensure

compliance with any requests of sUAS marking by the FAA.

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

This petition seeks an exemption from the private pilot privileges and limitations of § 61.113 (a)

& (b), which states:

Private Pilot Privileges and Limitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a

private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or

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property for compensation or hire; nor may that person, for compensation or hire, act as pilot in

command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in

connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

Section 61.113(a) limits private pilots to being in command of non­commercial flights. Section

61.113(b)(1) provides an exception that allows a private pilot to command an aircraft without

passengers or property, in connection with business or employment if "[t]the flight is only

incidental to that business or employment." That exception likely does not apply to the proposed

operations under this petition for exemption, as the flights are not incidental to the proposed

aerial surveys and inspections but rather essential to it. Accordingly, this petition seeks an

exemption to § 61.113(a)'s commercial limitation and/or § 61.113(b)(1)'s requirement that the

flight be incidental to the business to benefit from the exception.

Equivalent Level of Safety

The sUAS will not carry a pilot or passengers and is inherently stable, with sophisticated

computer and GPS controls. The proposed operations can achieve the equivalent level of safety

to § 61.113 (a) and (b) by requiring the PIC operating the sUAS to have significant practice and

experience. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is

remotely controlled with no living thing on board. Moreover, the area of operation is controlled

and restricted, and all flights are planned and coordinated in advance in accordance with the

Manual, and flights are limited in duration and altitude.

Schmitz Productions Pilot in Command who will be flying the sUAS, has extensive practice and

experience operating the sUAS in a non­commercial environment. Given the size of the sUAS

and the requirements contained in the Manual 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.

This petition seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2),

which states:

(b) No person may operate a U.S.­registered civil aircraft

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(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.

Given its size, configuration, and load capacity, the sUAS has no ability to carry such a manual

on the aircraft, not only because there is no pilot on board, but because there is simply no room

or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by maintaining

the sUAS flight manual at the ground control point where the pilot flying the sUAS will have

immediate access to it. Accordingly, Petitioner requests an exemption from § 91.9(b)(2)'s flight

manual requirements, on the condition that the sUAS flight manual be available at the control

point during each operation.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be

in an airworthy condition to be operated. Inasmuch there will be no airworthiness certificate

issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist for

determining airworthiness.

Equivalent Level of Safety

Christopher Maximilian Schmitz has over 2 years of experience and a stellar safety record.

Given the size of the sUAS and the requirements contained in the Manual for maintenance and

use of safety checklists prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. § 91.103: Preflight Action.

This petition seeks an exemption from § 91.103, which requires a PIC to become familiar with

specific information before each flight, including information contained in the FAA approved

Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be

provided for the sUAS, an exemption will be needed.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft Operations Manual

comprehensive preflight checklist. The PIC will take all actions, including reviewing weather,

flight battery requirements, landing and takeoff distances, and aircraft performance data, before

initiation of flight.

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14 C.F.R. § 91.109(a): Flight Instruction.

This petition seeks an exemption from 14 C.F.R. § 91.109(a), which 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." sUAS and remotely piloted

aircraft, by their design do not have fully functional dual controls. Instead, flight control is

accomplished through the use of a control box that communicates with the sUAS via radio

communications.

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe training can still be performed

without dual controls because no pilot or passengers are aboard the sUAS, and all persons will

be a safe distance away should the sUAS experience any difficulties during flight instruction.

14 C.F.R. § 91.119: Minimum Safe Altitudes.

This petition seeks an exemption from the minimum safe altitude requirements of 14 C.F.R. §

91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non­congested areas. C.F.R. § 91.119(c). Section § 91.119(d)(1) allows for a

helicopter to operate at less than those altitudes when it can be operated "without hazard to

persons or property on the surface," provided that "each person operating the helicopter

complies with any routes or altitudes specifically prescribed for helicopters by the FAA.” To

provide the intended inspections, the sUAS will normally need to be operated within a range of

between 50 and 200 feet from the property being filmed or photographed. Accordingly, due to

the nature of the proposed operations, the PIC may at times be less than 500 feet away from

structures during the operation, and an exemption is therefore required.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighting far more than the maximum 55 lbs.

proposed herein, and the lack of flammable fuel, any risk associated with these operations is far

less than those presently presented with conventional aircraft. An 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 and/or local

officials. Because of the advance notice to the property owner and participants, all affected

individuals will be aware of the planned flight operations. Furthermore, by operating at such

lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum

safe altitude regulations.

14 C.F.R. § 91.121 Altimeter Settings.

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This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating

an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the

elevation of the departure airport or barometric pressure. An exemption is required because the

sUAS does not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the

Manual. As prescribed in the Manual, the operator will confirm the altitude of the launch site

shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude

indicator to constantly monitor the sUAS height, thus ensuring operation at safe altitudes.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions.

This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind

and forecast weather conditions) there is enough fuel to fly to the first point of intended landing

and, assuming normal cruising speed

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

The battery powering the sUAS provides approximately 20 minutes of powered flight. An

exemption from the 30 minute reserve requirement in 14 CFR §91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery

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

sUAS to its planned landing zone from anywhere within its limited operating area. Operation of

the sUAS 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 sUAS. Moreover,

operation will be limited to controlled areas where only people and property owners, or official

representatives who have signed waivers will be allowed.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration.

This petition seeks an exemption from civil aircraft certification and registration requirements of

14 C.F.R. § 91.203 (a) and (b). The regulation provides in pertinent part:

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(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.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness certificate

requirements, an exemption to this regulation is necessary because: (1) the sUAS's load

capacity and size does not allow it to carry certification and registration documents; (2) the

sUAS does not have a cabin or cockpit entrance at which the documents could be displayed;

and (3) there are no passengers or crew for whom the certificates need be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations, an equivalent

level of safety will be achieved by keeping these documents at the ground control point where

the pilot flying the sUAS will have immediate access to them.

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance

Inspections.

This petition seeks an exemption from the maintenance inspection requirements of 14 C.F.R. §§

91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These regulations specify maintenance

and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a)

(stating that each owner or operator of an aircraft "shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections . . . have

discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these

regulations is needed because Part 43 and these sections apply only to aircraft with an

airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the Manuals. As provided in the Manuals, the operator will ensure

that the UAS is in working order prior to initiating flight, perform required maintenance, and keep

a log of any maintenance performed. 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.

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If mechanical issues arise, the UAS can land immediately and will be operating from no higher

than 200 feet AGL. Moreover, the sUAS's small size, carrying capacity, and the fact that flight

operations will only take place in restricted areas for limited periods of time, create less risk than

the same factors associated with conventional fixed­wing aircraft and rotorcraft performing the

same operation.

How your request would benefit the public as a whole;

The operation significantly improves safety and reduces risk by alleviating human exposure to

danger associated with current aerial survey and inspection methods, namely, full size

helicopters. Manned helicopters performing aerial photography have experienced an

exceedingly high number of accidents and fatalities. The public's interest is furthered by

reducing human exposure to death or serious injury associated with manned aircraft performing

photography, inspections and patrols.

Petitioner's sUAS are battery powered and create no emissions. If Petitioner's sUAS crashes,

there is no fuel to ignite and explode. Any impact of Petitioner's lightweight sUAS is, obviously,

far less than a full size helicopter. The public's interest is furthered by minimizing ecological

impact of an accident and by reducing human exposure to potentially harmful emissions

associated with manned aircraft.

Aerial surveys are valuable tools for roof, utility­power generation, cell phone towers, bridge and

tunnel inspections and other elements that comprise the national transportation and

communication infrastructure. However, problems with safety, cost, statistical integrity, and

logistics continue to impede aerial surveys and inspections from conventional manned aircraft.

The use of sUAS addresses these problems and is a powerful tool for performing a wide­range

of utility­power generation inspection and patrol applications. The public as a whole will benefit

from the safer and more cost­effective utility aerial services that sUAS operations provide.

Reasons why the exemption would not adversely affect safety, or how the exemption

would provide a level of safety at least equal to the existing rule;

These reasons are listed individually above for each specific exemption request.

A summary we can publish in the Federal Register stating—

The rules from which you seek the exemption;

Schmitz Productions seeks an exemption from the following rules: 14 CFR Part 21, Subpart H;

14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 CFR 91.7(a); 14 CFR

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 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, 91.407(a)(1); 14 CFR

91.409(a)(2); 14 CFR 91.417 (a) & (b).

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and

A brief description of the exemption you seek;

Schmitz Productions seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14

CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 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, 91.407(a)(1);

14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b)

for the purposes of conducting aerial photography, videography and inspections for the

commercial and residential real estate, legal, construction, and insurance industries.

Any additional information, views, or arguments available to support your request;

Additional documents attached and submitted in this electronic application, including user

manuals, sUAS pilot training guide, and sUAS technical specifications included in the user

manual.

If you want to exercise the privileges of your exemption outside the United States, you

must state the reason.

Schmitz Productions does not intend to operate the sUAS outside of the United

States.

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