Private and Confidential

STEVE SMITH (DRONE PRO CINEMA), Denver, Colorado- Section 333 Exemption Petition

 

DATE

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave,

SE Washington, DC 20590 

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

from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 

91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 

91.417(a)&(b) 

Dear Sir or Madam, I, STEVE SMITH (DRONE PRO CINEMA), am writing pursuant 

to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 

C.F.R. 11, to request that I, STEVE SMITH (DRONE PRO CINEMA), an owner and 

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations 

(“FARs”) listed below so that I, STEVE SMITH (DRONE PRO CINEMA), may operate 

my small ultra lightweight unmanned aircraft system (“UAS”) in commercially regulated 

airspace by the Federal Aviation Administration (“FAA”). 

Following exemption and approval by the FAA, I, STEVE SMITH (DRONE PRO CINEMA), will 

primarily use my professionally built KIND OF DRONE ( EXAMPLE DJI Inspire 1 and DJI Phantom 3) UAS equipped with cameras for the following applications: Closed-Set Film Operations 

on Film and Television Productions, as well as aerial videography/cinematography to safely enhance films and commercials; augmentation of real estate listing videos; and the creation of visual and topography layout videos for Search and Rescue (SAR) missions for state and local 

agency’s, education, Roofing inspections, Solar Panel inspections, augmentation of Golf Course 

videos, agricultural inspections and building and construction zone inspections. 

My, STEVE SMITH (DRONE PRO CINEMA))’s, exemption request would permit the 

operation of ultra lightweight, unmanned (i.e. piloted by remote control) UAS’s for the 
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development of community and government use videos, permissible within property 

boundaries for individual homeowners and within in tightly controlled, limited airspaces 

predetermined in areas away from the general public, airports, heliports and vehicular traffic. 

Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored 

amateur hobbyists with no safety plan or controls in place to prevent catastrophe. Furthermore, 

it is my intent to assist future FAA safety protocols and regulations exclusive to lightweight 

UAS's for specific video and photography usage by sharing information with the FAA as I, 

STEVE SMITH (DRONE PRO CINEMA), record flight data and other pertinent information 

gained through permitted flight operations. 

In addition, granting my, STEVE SMITH (DRONE PRO CINEMA)’s, exemption 

request will comply with the Secretary of Transportation’s (FAA Administrator’s) instructions to 

not only integrate UAS's into the national airspace system, but to “...establish requirements for

the safe operation of such aircraft systems [UAS's] in the national airspace system” under 

Section 333(c) of the Reform Act specific to the use of UAS's for real estate/Realtor purposes, 

educational videos, Search and Rescue, land/trusts inspections, agricultural field monitoring, 

Roofing inspections, Solar Panel inspections, augmentation of Golf Course videos,

film/video productions, closed-set motion picture film operations and television, and structure 

inspections, to aid state and local agency’s. 

Further I, STEVE SMITH (DRONE PRO CINEMA), will conduct my operations in compliance 

with the protocols described herein or as otherwise established by the FAA. 

For the reasons stated below, I, STEVE SMITH (DRONE PRO CINEMA), respectfully 

request the grant of an exemption allowing me to operate ultra lightweight, remote controlled 

UAS’s to aid academic community awareness, to benefit/stimulate attraction to the metro 

Denver Metro and to enhance personal and public video feeds. A grant that will ultimately 

allow UAS’s to play a more positive role in our local community by increasing employment 

opportunities, heightening security measures and decreasing government expenditures by 

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

public hazard in and of itself. 

I. Contact Information:

STEVE SMITH

Drone Pro Cinema

DENVER, COLORADO 80222

Phone: 800-445-1204

Email: info@droneprocinema.com 

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which 

STEVE SMITH (DRONE PRO CINEMA)) Requests Exemption are: 

14 CFR 21; 14 C.F.R. 45.23(b); 

14 CFR 61.113 (a) & (b); 

14 C.F.R. 91, et seq.; 

14 CFR 407 (a) (1); 

14 CFR 409 (a) (2); and, 

14 CFR 417 (a) & (b). 

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III. The Extent of relief STEVE SMITH (DRONE PRO CINEMA)) Seeks and the 

Reason He Seeks Such Relief: 

I, STEVE SMITH (DRONE PRO CINEMA), submit this application in 

accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any 

currently applicable FARs operating to prevent me, STEVE SMITH (DRONE PRO CINEMA), 

contemplated commercial cinematic, academic and other flight operations within the national 

airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned 

aircraft systems into our national airspace system as it is in the public’s interest to do so. My, 

STEVE SMITH (DRONE PRO CINEMA)’s, ultra lightweight UAS meets the definition of “small 

unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra light 

weight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra lightweight UAS prior to the time period by which the Reform Act requires the FAA to promulgate 

rules governing such craft. Thereby, providing direct experience and valuable information for 

formal regulation that can be administered uniformly to all related UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate 

safely in our national airspace system. Considerations include: The weight, size, speed and 

overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily 

populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). 

Each of these items reflect in favor of an exemption for me, STEVE SMITH (DRONE PRO 

CINEMA). My UAS’s utilize eight (8) or less rotating propellers for balance, control and stability. 

My UAS’s are equipped with the following via video and data telemetry:

1) Altimeter 

2) Attitude indicator 

3) Ground Speed indicator 

4) Magnetic compass 

5) Heading indicator 

6) Vertical speed indicator 

7) Course deviation indicator 

8) Radio magnetic indicator 

9) GPS location 

10) Battery consumption and Battery Left with approximate time. 

11) Loiter and circle mode. 

12) Auto safety or RTL ( Return To Launch) 

13) Auto landing technology. 

Each UAS weighing less than thirty (35) pounds (far below the maximum 55 pound limit); 

Including camera(s) with or without gimbal (a camera stabilizer). I, STEVE SMITH (DRONE 

PRO CINEMA), considers safety as foremost with each flight. My small unmanned 

aircraft is designed to hover in place, circle in a specific place or loiter via GPS 

and can be operated in winds up to 30.4 knots (35mph) wind. For safety, stability and fear of 

financial loss I will not fly in winds exceeding 21.7 knots (25 mph). Built in safety systems 

include a GPS mode that allows my UAS to hover/circle in place or land when radio controls 

are released. 

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With three (3) modes to choose from, I will fly with the modes safest to complete the videos for 

aerial videography/photography and have the ability to choose the safest, most reliable and 

stable mode to prevent accident and hazard. When pilot communication from the radio 

control is lost, UAS is designed slowly descend to point of takeoff and or to land at point of 

launch after ascending to a pre-set altitude to ensure the UAS will clear any obstacles that 

may be between the takeoff point and the current position of the UAS. This failsafe altitude 

will not be set more than 200ft and is determined before each flight. 

I, STEVE SMITH (DRONE PRO CINEMA), will not operate my UAS near airports, hospitals nor 

police heliports, and do not operate near areas where general public is within fifty to one hundred (50-100) yards depending on location, conditions and weather. I am constantly on alert for 

any manned aircraft (police/medical helicopters, etc.) and prepared to land/abort immediately to 

the nearest and safest ground point should a manned aircraft approach my location or I suspect 

manned aircraft may approach near my location. My UAS’s are capable of vertical and horizontal operations, and is flown only within my line of sight, as the remote control pilot. My UAS's are 

also flown with a second operator who aids in watching for any obstacles, including manned aircraft, within the flight zone of the UAS. Utilizing battery power rather than combustible fuels, 

flights generally last between three (10) to fifteen (25) minutes, with an altitude under one hundred fifty (150) feet. (3 )Smart Mode includes, position hold, self-leveling, altitude command, 

GPS, return home feature, and safety control to return home or land in the event of communication interruption between RC transmitter and UAS.

I, STEVE SMITH (DRONE PRO CINEMA), utilize a fresh fully charged battery with each flight 

as a safety precaution; full flight time limit for each battery is eight (8) to thirty (30) minutes as 

tested. I do not operate my UAS at or below manufacturer recommend minimum charge levels 

for operation; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or 

hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient 

safe level of operation. I do not believe in taking risk that may cause a crash, that could create 

hazard to the public/property/manned aircraft, and have no desire to lose an investment. I have 

clocked numerous practice flights in remote areas as a hobbyist simulating flights for future 

commercial use to gain familiarization with the characteristics of this specific UAS's performance 

under different temperature and weather conditions. I also practice computerized simulated 

flights to maintain adequate skills and response reflex time. All for the sake of safety. 

I, STEVE SMITH (DRONE PRO CINEMA), am extremely cautious when operating of my UAS/

ultra lightweight unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it 

falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and 

the corresponding directive to integrate UAS's into the national airspace system. STEVE SMITH 

(DRONE PRO CINEMA)’s UAS, used in hobby flight, has a demonstrable safety record and 

does not pose any threat to the general public or national security. 

IV. How STEVE SMITH (DRONE PRO CINEMA)’s Request Will Benefit the 

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Public As A Whole: Aerial videography for geographical awareness, education, search and rescue, land management, structure inspections and for real estate marketing has been around for 

a long time through manned fixed wing aircraft and helicopters. For small budget companies, 

average homeowners and property owners the expense of such aerial videography is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can afford to absorb such expense; depriving non-luxury owners and lower budget companies from a valuable 

marketing tool. Manned aircraft pose a threat to the public through potential catastrophic crash 

that the Denver Metro community has experienced in the past with military aircraft, medical helicopters, and news helicopters crashes within the city of Denver Metro. Each resulting in loss of 

life. 

Each with combustible fuel that exploded and burned on impact. Police helicopters have 

made emergency hard landings within city limits. My, STEVE SMITH (DRONE PRO CINEMA)'s, 

UAS poses no such threat since size and lack of combustible fuel alleviates any potential threat 

to the public. Congress has already proclaimed that it is in the public’s interest to integrate 

commercially flown UAS's into the national airspace system, hence the passing of the Reform 

Act. Granting my, STEVE SMITH (DRONE PRO CINEMA))’s, exemption request furthers the 

public interest through academic/visual awareness of the geographical benefits in and around 

the metro Denver area. My ultra light weight UAS is battery powered and creates no emissions 

that can harm the environment. The consequence of my ultra light weight UAS crashing is far 

less than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel 

and can cause catastrophic devastation to the public. The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery 

operated ultra lightweight UAS's. Permitting me, STEVE SMITH (DRONE PRO CINEMA), to 

immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact for the metro Denver and surrounding community for companies looking to relocate or build around the Denver metro area as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which serve as a stimulus to the community. 

V. Reasons Why STEVE SMITH (DRONE PRO CINEMA))’s Exemption

Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At 

Least Equal To Existing Rule: My, STEVE SMITH (DRONE PRO CINEMA))’s, exemption will not 

adversely affect safety. Quite the contrary, for the reasons stated permitting me, STEVE SMITH 

(DRONE PRO CINEMA), to log more flight time in FAA controlled airspace, with communication 

with the FAA, will allow me to contribute to the innovation and implementation of new and novel, 

as of yet undiscovered safety protocols for Realtors, land and structured owners. For development in cooperation with the FAA. In addition I,STEVE SMITH (DRONE PRO CINEMA), submit 

the following representations of enhancements to current aerial videography and photography: 

My UAS’s weigh less than seven (7) pounds complete with a an integrated ultra-light weight 

camera.; I only operate my UAS below 200 feet (well within the 400 foot permissible ceiling set 

by the FAA Modernization and Reform Act of 2012); My UAS only operate for 3-30 minutes per 

flight; I land my UAS prior to manufacturer recommended minimum level of battery power; I pilot 

my UAS through remote control only by line of sight; and have live video feed for a secondary 

pilot to monitor video recording; I receive a live telemetry feed from my UAS during all flights 

which include remaining battery voltage, distance, altitude, and any anomalies that may occur 

during flight;

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My UAS’s Command and Control utilizes spread spectrum 2.4Ghz-2.485Ghz frequencies in accordance with CFR 47, Part 15 for model aircraft use.

My UAS’s camera system utilizes 5.725Ghz-5.875Ghz frequencies in accordance with CFR 47, 

Part 15.

My UAS’s have a GPS controlled flight controller- a flight safety feature whereby it hovers or 

circles and then lands at the GPS takeoff point if communication with the remote control pilot 

is lost; I actively record and analyze flight data through the DJI Phantom 2 and DJI phantom 3 

flight controller app to constantly update and enhance safety protocols; I only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, 

airports and actively populated areas; I conduct extensive preflight inspections and protocol, 

during which safety carries primary importance; I always obtain all necessary permissions prior 

to operation; and, I have procedures in place to abort flights in the event of safety breaches or 

potential danger. My, STEVE SMITH (DRONE PRO CINEMA)’s, safety protocols provide a level 

of safety equal to or exceeding existing rules. It is important to note that absent the integration 

of commercial UAS into our national airspace system, helicopters are the primary means of aerial video and photography for community awareness real estate, structured inspections, land 

management and search and rescue. While the safety record of such helicopters is remarkably 

astounding, there has been local incident involving loss of life as well as extensive property 

damage; it is far safer to operate a battery powered ultra lightweight UAS. First, the potential 

loss of life is diminished because UAS's carry no people on board and I only operates my UAS 

in specific areas away from mass populations. Second, there is no fuel on board a UAS and 

thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme 

maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quickly and 

safely. Lastly, given its small size and weight, even when close enough to capture amazing images, my UAS need not be so close to the objects they are focused on through the technology 

and use of post editing software allowing pan and zoom. Accordingly, my UAS has been experimentally operated for familiarization/competency and will continue to operate at and above current safety levels. 

VI. A Summary The FAA May Publish in the Federal Register: 14 C.F.R. 21 and 14 C.F.R. 91: 

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR §91.203(a)(1). The size, weight and enclosed operational area of my, 

STEVE SMITH (DRONE PRO CINEMA)’s, UAS permits exemption from Part 21 because my 

UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform 

Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and 

dense populations. My, STEVE SMITH (DRONE PRO CINEMA)’s, current and projected UAS's 

meet or exceed each of the elements.

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14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

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

pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual delineating areas of 

where safety can be defined. 

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

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

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor or controlled GPS “geofencing” 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining any such required certifications and registrations by me, 

STEVE SMITH (DRONE PRO CINEMA)). 

B. 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require 

aircraft to be marked according to certain specifications. My UAS can be marked with the appropriate “N” number once this “N” number has been given.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 

61.113 (a) & (b), private pilots are limited to non-commercial operations. I, STEVE SMITH 

(DRONE PRO CINEMA), The sUAS Pilot in Command must possess at least a sport pilot certificate and a driver's license. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in which the PIC is rated on his/her pilot certificate as outlined in 14 C.F.R. § 

61. 

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

the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain 

conditions. My UAS will never operate at an altitude greater than 300fclose AGL; safely below 

the standard of 400 AGL. I, STEVE SMITH (DRONE PRO CINEMA), will however operate my 

UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to 

or below those in relation to minimum safe altitudes. Given the size, weight, maneuverability 

and speed of my UAS, an equivalent or higher level of safety will be achieved.

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

Manual

The above-cited Regulations require, amongst other things, aircraft owners and operators to 

“have [the] 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. . . .”These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my,STEVE SMITH (DRONE PRO 

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CINEMA))'s, UAS. However, as a safety precaution I inspect my UAS before and after each 

flight. 

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: 

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled 

Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness 

certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area 

of my UAS permits exemption from Part 21 because my,STEVE SMITH (DRONE PRO CINEMA))’s, UAS meets an equivalent level of safety pursuant to Section 333 of the 

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. 

Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to 

areas such as airports and dense populations. My UAS meets or exceeds each of the 

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

certificate. As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the 

aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation 

is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The 

FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software 

updates and curative measures for any damaged hardware. Therefore, an equivalent level of 

safety will be achieved. In summary, STEVE SMITH (DRONE PRO CINEMA)) seeks 

an exemption from the following Regulations:14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 

C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. §91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 

14 C.F.R. § 91.109; 14 C.F.R. §91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. 

§§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a) 

(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my, 

STEVE SMITH (DRONE PRO CINEMA))'s, small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness, education, structural inspection land management, 

search and rescue and real estate operations, and to develop economic platforms for the 

aforementioned to enhance the experience of those seeking to relocate, 

rebuild, reevaluate and to find in the metro Denver area. 

F. Additional FAA Required Operating Conditions and Limitations

When not covered elsewhere in this Operations Manual, the following conditions and limitations 

apply:

1. The UA must weigh less than 55 pounds (25kg), including energy source(s) and equipment

2. The UA may not be flown at a speed exceeding a ground speed of 85 knots.

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3. Flights must be operated at an altitude of no more than 500 feet above ground level (AGL), 

as indicated by the procedures specified in the operator's manual. All altitudes reported to ATC 

must be in feet AGL.

4. The UAS must be operated within visual line of sight (VLOS) of the PIC 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 state driver’s license.

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS 

requirement, as long as the PIC always maintains VLOS capability. The VO and PIC must be 

able to communicate verbally at all times.

6. If a discrepancy exists between these limitations and any procedure outlined elsewhere in 

this operations manual, the conditions and limitations herein take precedence and must be followed.

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. 

If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight. The Ground Control Station, if utilized, must be included 

in the preflight inspection. All maintenance and alterations must be properly documented in the 

aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a functional 

test flight in accordance with the operator's manual. The PIC who conducts the functional test 

flight must make an entry in the UAS aircraft records of the flight.

9. The operator must follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance

requirements must be established and identified in the operator's manual. At a minimum, the 

following must be included in the operator's manual:

a. Actuators / Servos

b. Transmission (single rotor)

c. Powerplant (motors)

d. Propellers 

e. Electronic speed controller 

f. Batteries

g. Mechanical dynamic components (single rotor)

h. Remote command and control

i. Ground control station (if used)

j. Any other components as determined by the operator

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10. The Pilot in Command (PIC) must possess at least a sport pilot certificate and at least a current state driver’s license. The PIC must also meet the flight review requirements specified in 14 

CFR § 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate.

11. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of 200 flight cycles and 25 hours of total time as a UAS rotorcraft 

pilot and at least ten hours logged as a UAS pilot with a similar UAS type (single blade or multirotor). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience-building flights can 

also be conducted under this grant of exemption to accomplish the required flight cycles and 

flight time. During training, proficiency, and experience-building flights, all persons not essential 

for flight operations are considered non-participants, and the PIC must operate the UAS with 

appropriate distance from non-participants in accordance with 14 CFR § 91.119. 

12. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of five hours as UAS pilot operating the make and model of UAS to 

be utilized for operations under the exemption and three take-offs and three landings in the preceding 90 days. Training, proficiency, experience-building, and take-off and landing currency 

flights can be conducted under this grant of exemption to accomplish the required flight time and 

90 day currency. During training, proficiency, experience-building, and take-off and landing currency flights, all persons not essential for flight operations are considered non-participants, and 

the PIC must operate the UAS with appropriate distance from non-participants in accordance 

with 14 CFR § 91.119. 

13. Prior to any flight operations authorized by this grant of exemption, the PIC and visual observer (VO) must have successfully completed a qualification process, as outlined in

the operator’s manual. As this is a requirement stipulated by the operator, the test must be developed and implemented by a qualified person designated at the sole discretion of the operator. A record of completion of this qualification process must be documented and made available 

to the Administrator upon request.

14. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), a flight demonstration, administered by an operator-approved and -qualified pilot 

must be successfully completed and documented. This documentation must be available for review upon request by the Administrator. Because the knowledge and airmanship test qualifications have been developed by the operator, and there are no established practical test standards that support a jurisdictional FAA FSDO evaluation and approval of company designated 

examiners, the petitioner will conduct these tests in accordance with the operator’s manual.

15. The UAS may not be operated directly over any person, except authorized and consenting 

production personnel, below an altitude that is hazardous to persons or property on the surface 

in the event of a UAS failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual has safety mitigations for authorized and consenting production personnel. At all times, those persons must be 

essential to the closed-set film operations. Because these procedures are specific to participating persons, no further FSDO or Aviation Safety Inspector (ASI) approval is necessary for re10
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ductions to the distances specified in the petitioner’s manuals. This is consistent with the 

manned aircraft procedures described in FAA Order 8900.1, V3, C8, S1 Issue a Certificate of 

Waiver for Motion Picture and Television Filming.

17. Regarding distance from non-participating persons, the operator must ensure that no persons are allowed within 500 feet of the area except those consenting to be involved and necessary for the filming production. This provision may be reduced to no less than 200 feet if it would 

not adversely affect safety and the Administrator has approved it. For example, an equivalent 

level of safety may be determined by an aviation safety inspector’s evaluation of the filming production area to note terrain features, obstructions, buildings, safety barriers, etc. Such barriers 

may protect non-participating persons (observers, the public, news media, etc.) from debris in 

the event of an accident. This is also consistent with the same FAA Order 8900.1, V3, C8, S1. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the security perimeter and land or be recovered in accordance with the 

operator’s manual.

19. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the security perimeter and land or be recovered in accordance with the 

operator’s manual.

20. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual.

21. Each UAS operation must be completed within 30 minutes flight time or with 25%

battery power remaining, whichever occurs first.

22. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under this grant of

exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not 

more than 72 hours in advance, but not less than 48 hours prior to the operation.

23. All aircraft operated in accordance with this exemption must 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 must be as large as practicable.

24. The operator must develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component 

parts, and the total time in service of the UAS. These procedures must be added to the operator’s manual.

25. Each UAS operated under this exemption must comply with all manufacturer Safety

Bulletins. 

26. The operator must develop UAS technician qualification criteria. These criteria must be 

added to the operator’s manual.

27. The preflight inspection section in the operator’s manual must be amended to include the 

following requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of 

the operator’s manual.

28. Before conducting operations, the radio frequency spectrum used for operation and control 

of the UAS must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

298. At least three days before scheduled filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local FSDO with jurisdiction over the area 

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of proposed filming. The 3-day notification may be waived with the concurrence of the FSDO. 

The plan of activities must include at least the following:

a. Dates and times for all flights

b. Name and phone number of the person responsible for the UAS filming production under 

this grant of exemption

c. Name and phone number of the person responsible for the on-scene operation of the UAS.

d. Make, model and serial or N-number of the UAS to be used

e. Name and certificate number of the UAS PIC's involved in the filming production event 

f. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct the filming production event; the list of those who gave permission must be 

made available to the inspector upon request.

g. Signature of exemption-holder or representative

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, 

and/or state over which filming will be conducted and the altitudes essential to accomplish the 

operation

30. The documents required under 14 CFR § 91.9 and § 91.203 must be available to the PIC at 

the ground control station of the UAS any time the aircraft is operating. These documents must 

be made available to the Administrator or any law enforcement official upon request.

31. The UAS must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

32. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special 

visual flight rules (SVFR) are not authorized.

33. The UAS cannot be operated by the PIC from any moving device or vehicle.

34. The UAS may 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.

35. The UAS may not operate in Class B, C, or D airspace without written approval from the 

FAA. The UAS may not operate within 5 miles of the geographic center of a non-towered airport 

as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that 

airport’s management is obtained, and the operation is conducted in accordance with a NOTAM 

as required by the operator’s COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request.

36. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to the 

Federal Aviation Administration’s (FAA) 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. Further flight operations may not be conducted 

until the incident, accident, or transgression is reviewed by AFS-80 and authorization to resume 

operations is provided.

Currently, the aforementioned aerial videography/photography relies primarily on the use of 

larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my, 

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STEVE SMITH (DRONE PRO CINEMA))’s, request for exemption will reduce current 

risk levels and thereby enhance safety. My UAS craft do not contain potentially explosive fuel, 

is smaller, lighter and more maneuverable than conventional video and photographic aircraft 

with much less flight time. 

Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk 

flying to and from established airfields. I,STEVE SMITH (DRONE PRO CINEMA), 

have been informally analyzing and recording flight information and will compile safety 

protocols and the implementation of a flight operations manual for usage that exceeds 

currently accepted means and methods for safe flight. Formal collection of information shared 

with the FAA will enhance the FAA's internal efforts to establish protocols for complying with 

the FAA Modernization and Reform Act of 2012. There are no personnel on board my, STEVE 

SMITH (DRONE PRO CINEMA))’s, UAS and therefore the likelihood of death or serious bodily 

injury is significantly diminished. My, STEVE SMITH (DRONE PRO CINEMA))’s, operation of 

my UAS, weighing less than forty (40) pounds and traveling at lower speeds within limited areas 

low to the ground will provide an equivalent level of safety as that achieved under current FARs. 

Accordingly I, STEVE SMITH (DRONE PRO CINEMA), respectfully request that the FAA grant 

my exemption request and am willing to cooperate in sharing information to benefit the FAA, 

safety of manned aircraft, and the general public at large. 

Respectfully submitted, 

STEVE SMITH (DRONE PRO CINEMA)

COO/ Pilot

PO Box 2670

Denver, CO 80222

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Appendix A

List of Aircraft

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DJI Phantom 2

The operation of the DJI Phantom 2 system is as follows.

1. Build Materials

I. Plastic 

II. Aluminum 

2. Motor Configuration

I. The Phantom 3 flight in a 4 motor quadcopter setup. ,

3. Payload

I. The Phantom 2 it’s own integrated camera. 

II. Maximum All-up Weight- 4lbs

4. Maintaining the Phantom 2

I. Before each flight:

1. Check all hardware to ensure it is securely tightened.

2. Check that the motor is level and locked in place.

3. Check the propeller to ensure it is tight and there are no visible signs of cracks, stress, 

4. Check all wiring to motors, motor controllers, batteries, and flight controller for signs of 

5. Check all navigational lighting to ensure it is properly working.

II. After 45 hours of flight

1. Remove and check all motors and motor mounts for signs of wear and tear. Replace as necessary. 

2. Remove motor controllers and visually inspect and check for damage. Replace as necessary. 

3. Remove flight controllers and visually inspect and check for damage. Replace as necessary. 

and/or chips. Replace if propeller is questionable. 

4. Check for cuts, fraying, cracks, and/or loose/cold solder connections. Fix before flying.

5. Check for updates to flight controller firmware. If available, install and 

perform a minimum of 15 test flights before conducting commercial work.

No. Make and Model Description Serial No. Registration

No.

1 DJI Phantom 2 Electric powered, 4 rotor, small 

unmanned multirotor helicopter

PH646006

695

Pending

2 DJI Phantom 3 Electric powered, 4 rotor small unmanned multirotor helicopterP76DCH230103

08

Pending

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Appendix B 

2. DJI Phantom 3 

The operation of the DJI Phantom 3 system is as follows.

1. Build Materials

I. Plastic 

II. Aluminum 

2. Motor Configuration

I. The Phantom 3 flight in a 4 motor quadcopter setup. ,

3. Payload

I. The Phantom 3 it’s own integrated camera. 

II. Maximum All-up Weight- 4lbs

4. Maintaining the Phantom 3

I. Before each flight:

1. Check all hardware to ensure it is securely tightened.

2. Check that the motor is level and locked in place.

3. Check the propeller to ensure it is tight and there are no visible signs of cracks, stress, 

4. Check all wiring to motors, motor controllers, batteries, and flight controller for signs of 

5. Check all navigational lighting to ensure it is properly working.

II. After 45 hours of flight

1. Remove and check all motors and motor mounts for signs of wear and tear. Replace as necessary. 

2. Remove motor controllers and visually inspect and check for damage. Replace as necessary. 

3. Remove flight controllers and visually inspect and check for damage. Replace as necessary. 

and/or chips. Replace if propeller is questionable. 

4. Check for cuts, fraying, cracks, and/or loose/cold solder connections. Fix before flying.

5. Check for updates to flight controller firmware. If available, install and 

perform a minimum of 15 test flights before conducting commercial work.

Appendix C 

Personal Protocols/Controls/Flight Manual 

Protocols and Controls 

STEVE SMITH (DRONE PRO CINEMA), Denver, Colorado.

Safety for public on the ground as well as manned aircraft above is an essential and utmost 

consideration for aerial videos and photography. As such, safety protocols and controls must be 

implemented through pre-flight preparation and during flight. Pre-Flight Protocol: 

Check batteries with voltage meter to insure fully charged and ready for use. 

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Inspect batteries for damage or leakage that may affect proper operation. 

Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or 

unmanageable/uncontrolled flight. 

Check all GPS and Telemetry connections prior to flight. 

Check weather forecasts for wind advisory or other conditions that my impact flight. 

Consult Sky Vector aeronautical Charts (Skyvector.com)for airport vicinity and flight paths of 

possible air traffic.

Contact respective airport to advise of estimated flight time, estimated flight duration, estimated 

elevation of flight, and any other pertinent information. 

Inspect flight area for 

Vicinity of public safety helipads/heliports

Vicinity of medical helipads/heliports 

Vicinity of light poles vicinity or utility wires 

Vicinity of trees flocks of birds that may cause interference and potential flight impact Vicinity of 

any elevated obstructions that may pose potential flight hazard 

Vicinity of roadways with moderate to heavy traffic that can be distracted public Gatherings that 

may attract viewers optional point of control for best visual site of UAS while in flight 

Emergency landing areas 

Takeoff and landing 

Inspect area for best and safest point of takeoff and landing 

If in a subdivision or area that is within 150 feet of a residential street, post warning 

Sign(s)/stand(s) "Attention Aerial Photography In Progress - Remain Back 150 Feet " 

Flight Protocol: takeoff and land from same location ( have alternate landing areas in case of 

emergencies) remain alert to birds, sound or aircraft, curious public, and approaching vehicles 

do not allow anyone to engage in conversation or distract the remote control pilot restrict flight to 

minimal elevation sufficient to acquire desired results remained prepared for emergency landing 

at all times pay attention to flight time – warning meter for low voltage. 

Set voltage meter alarm for low voltage and flight timer as a safety alert land UAS and shut 

down propulsion immediately following landing – priority of disconnecting batteries 

Post flight: 

1. a) Disconnect battery to prevent accidental activation of propulsion system 

2. b) Secure UAS in a safe location 

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c) Remove all warning signs from public access areas Emergency or Suspected Hazard: 

Immediate land UAS at safest and closet ground location in the event 

Manned aircraft is heard or seen in vicinity of flight 

There is a public gathering within established safety boundary wanting to observe flight 

Pilot is being distracted from focusing on flight and safety 

Sudden change in weather (wind bursts) 

Sudden increase in vehicular traffic in vicinity of flight 

Birds enter into proximity of flight 

Any sudden unsafe event that can cause collision, distraction or interruption of control 

Safety for public on the ground as well as manned aircraft above is an essential and utmost 

consideration for aerial videos and photography. 

Maintaining a record of safe flight for FAA request and for determining future UAS safety protocols is imperative. 

Date:____________________ 

Location:___________________________________________________ 

pre-flight Inspection: 

o Yes o No 

Comment: _________________________________________________ 

Elements 

Proximity to airport: _________________ (see attached map pinpointing approximate location 

of flight) 

Airport notified: No Yes 

Date:_______________ Time: ______________ 

Phone Number: _______________________ 

Contact Name:___________________________________ 

Nearest major intersection: 

______________________________________________________________ 

Proximity to medium traffic road: 

_________________________________________________________ 

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Proximity to heavily traveled roadway road: 

_________________________________________________ 

Proximity to congested population: 

________________________________________________________ 

Approx. Takeoff Time : GMT: 

Weather Good Fair Poor Comment : 

Visibility Good Fair Poor Comment : 

Wind Speed ___mph ___Gusts/MPH ___avg/MPH Comment : 

Approx. Landing Time: GMT: Estimated Elevation Ground level: 

Safety Concerns: 

Additional Comments: 

sea level: 

Appendix 'D'

Aircraft Manuals

This Appendix includes UAS manufacturer's user manuals, maintenance instructions, and illustrated parts catalogs. These manuals may be attached to the docket when submitted. Information regarding design, aircraft performance, fail-safe features, operating limitations, normal and 

emergency procedures, and maintenance and inspection procedures is contained within the 

manuals and supplemental information documents listed below:

1. DJI Inspire Manual V1.0 

2. Inspire 1 Maintenance Manual v1.0

3. Intelligent Flight Battery Safety Guidelines v1.4

4. Inspire 1 Safety Guidelines

5. Phantom 3 Professional Manual V1.0

6. Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0 (EN)

For more information or questions about this manual please contact:

Drone Pro Cinema 

PO Box 2670

800-445-1204

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