August 5, 2015 Nicholas Sidoti Co

- Owner U.S Department of Transportation, Docket Operation The Sky’s The Limit Aerial Photography, LLC West Building Ground Floor, Room W12

- 140 P.O. Box 1200 1200 New Jersey Avenue, SE Mexico, NY 13114 Washington, DC 20590 ( 315) 341

-4162 nsidoti25@gmail.com

Request for exemption from multiple provisions to allow the use of small unmanned aerial systems on land, controlled by clients of The Sky’s The Limit Aerial Photography to assist the safety and operations for our clients. The Sky’s The Limit Aerial Photography respectfully requests an exemption from several provisions of the Title 14 of the Code of Federal Regulations (CFR) to allow the use of small Un manned Aircraft Systems (sUAS) to as sist the safety and operations for our clients. This request is motivated primarily by safety. While an exemption would not remove the current need of in

- person inspection required by many Federal regulatory departments, it would allow The Sky’s the Limit Aerial photography (TSTLAP) to utilize sUAS for our operation to improve safety and increase efficiency. A grant of exemption is consistent with congress’ intent, found in section 333 of the FAA Modernization and Reform Act of 2012, that safe systems may be permitted in the national airspace prior to the final regulations governing the general and civil use of sUAS.

Also included with this petition is the Quick Start Guide from the UAS manu facturer.

Background Information The Sky’s The Limit Aeri al Photography is in the business of aerial photography and desires to be able to provide services to the public and other companies for inspections. TSTLAP clients will look to us in providing safe operations of sUAS. We have many resources including simu lators to insure safe operational procedures. We have many clients seeking the use of sUAS for inspections and safety.

Operations Utility inspection Agriculture inspection Property photography Housing inspection Thy sky’s the Limit Aerial Photography is requesting an FAA exemption for sUAS operations for safety, inspection, photo and video capture usage.Regulatory basis for exemption request

In addition to the authority provided by section 333 of the Modernization Act, the FAA may gran t an exemption of 49 USC 44701(F) if it’s determined that such an exemption is in the interest in the public. The FAA’s requirements that a petitioner must explain why granting an exemption would not affect safety or how granting and exemption would provid e at least an equal level of safety as the underlying regulation. A pproval of this exemption would increase the public interest, improve safety, efficiency of operations a nd provide the FAA with a valuable experience with sUAS with societal and economic be nefits. The requested exemption would permit the operation of sUAS under controlled conditions insuring operation will not impact the safety of others. The use of sUAS will enhance safety and in operations. The use of sUAS is in the interest of the publi c. Safety and efficiency is highly dependent on constant inspection of the aircraft, assets, right of way, and other facilities. There are many factors t hat can affect conditions of an infrastructure

. Events in weather can lead to damage or failure of operation. This is why safety and regular inspection is critical to all systems to avoid accident. For example, a tornado, leaving debris and damage to property can damage infrastructure. But damage to infrastructure isn’t limited to just weather. There is always the risk of sabotage or even terrorism. These are just a few risks to modern infrastructure and operations. Result of damage to infrastructure, as required by federal regulations to inspect the infrastructure such as roofs, bridges, roads and radi o antennas. Nowadays this job of inspection is done by company personnel using a variety of tools used for inspection. This is usually labor intensive , expensive and mostly dangerous. There is always a risk during inspection. Conditions after a traumatic even t to infrastructure can be dangerous to navigate on the ground due to either slippery or debris covered surfaces. While other areas are high up like roofs and bridges, and also with bridges comes traffic and that increases risk. But with the use of sUAS the risk of inspection procedures would be minimized . It would give personnel a remote view of an area and also include a photographic or video record of the area for future reference. Also, with a large amount of assets in either densely populated areas or in rural country allows visual and aerial inspection in all situations . Aerial inspection totally removes the hazards of climbing ladders and having personnel rigging and harnesses. Also, an important advantage of UAS over standard fixed wing aircraft is that sUAS can hover at lower altitudes instead of the impractical height required for safety in a fixed wing aircraft. Helicopters offer better photographs than fixed wing aircraft but are too costly like fixed wing aircraft and way too dangerous in urb an settings. Unlike the helicopter or traditional aircraft, a sUAS is much more cost effective and offers m ore stability for photographs and inspection. By using sUAS, The Sky’s the Limit Aerial Photography would be able to detect and address issues to i mprove safety. The use of sUAS has the potential to grow The Sky’s the Limit Aerial Photography as a company and result in faster, higher quality photographs and by growing business benefits the economy of the United States

.
Granting an exemption will not affect safety The Sky’s the Limit Aerial Photography knows that there is no standard for determining safety. While others my say otherwise that the standard for model aircraft that includes sUAS, stating that if sUAS is operated under recreational stand ards would be held to the same standards as model aircraft. The Sky’s the Limit Aerial Photography believes that it’s difficult to find similarities in terms of function between model aircraft and sUAS. It is clear that equivalency cannot be determined for civil, manned aircraft because design and operation is far too different. We believe that we should focus more on why operations would not affect safety. Which is what 11.81 require

.Granting an exemption will not affect safety. The Sky’s the Limit Aer ial Photography plans to

only operate sUAS over a client owned property, only during daylight hours and at altitudes that would never affect other air traffic. The Sky’s the Limit Aerial Photography plans to operate sUAS in areas distant from airports and urban areas. The Sky’s the Limit Aerial Photography only allows operation of sUAS at l ow altitudes and at low speeds, reducing any risk of interfering with other aircraft. Also, The Sky’s the Limit Aerial Photography has printed special use airspace maps d epicting all airports and altitude restrictions, provided by the FAA. In an instance when a clients location is close to an airport, The Sky’s the Limit Aerial Photography will inform air traffic control of pending operations and would comply with any dire ction. The granting of exemptions allowing commercial operation of sUAS in the field of aerial photography inspection will improve safety and reduce risk. Traditional operations for aerial photography or inspection would require operation at risky, low a ltitudes and the aircraft requires a large airfield or landing strip not on site. But with the operation of sUAS, at less than 55lbs and powered by a battery, it reduces risk by not having to carry combustible fuel. The sUAS will never carry passengers or crew and will avoid the risks exposed to people on manned aircraft flights. The operation of sUAS weighing less than 55lbs, only operated in the strict parameters will provide a level of safety required. By supporting the grant of the exemptions requested, which includes section 333, Aircraft exemption status exempting the applicant from the conventional aircraft requirements and allowing The Sky’s the Limit Aerial Photography to operate sUAS under civil operations, at slow speed, low altitudes and in highly controlled conditions. These operating parameters make operation of sUAS safer than use of helicopters for photography and inspections. The safety of people on the ground is taken into consideration by security of the area by the company by keeping unauthorized personnel away from operations. Security of the area is established as part of the pre

-flight safety establishment of security. The Sky’s the Limit Aerial Photography intends to have a team for operati on of the sUAS. All operation of the sUAS while in the air will always be in th e line of sight of the person in control (PIC) and a spotter. A PIC will perform multiple test flights involving operation under various conditions and areas. Also The Sky’s the Limit Aerial Photography will utilize the sUAS manufactures application which simulates flights under normal conditions and tests to perform under a emergency situation to increase response and knowledge of the PIC, making all PIC’s and the operation of t heir sUAS safer. Safe operation of the sUAS does not depend on the type of FAA license held by the PIC. With the parameters previously stated of how operations take place, the knowledge needed by the PIC is knowledge of the airspace and how it fits into the National Airspace System. This information can be retained by ground school or during the pre

-flight security check, checking of the operation of the sUAS, and include a walking of the ground, noting obstructions and creating a flight plan. This inform ation isn’t learned through flight training through traditional aircraft or helicopters nor the requirement of a private pilot’s license. It can never be assumed that a commercial or private pilot has the skill to operate a sUAS safer than a person who is not a commercial or private pilot operating in a pre

- approved airspace. Control in the operation of the sUAS is the most important factor of safety. If the PIC has the required knowledge of airspace requirements the only factors are, 1. Where will the sUAS be operating and, 2. What precautions will be taken to ensure the safety of personnel in the area of operation

. We propose that with the plan of operation and the level of safety it provides, private pilot’s license is not necessary. Since a private pilots license is for the use of aircraft over 55lbs. and that carries passengers. Also the controls of a sUAS are entirely different to those of a traditional aircraft. The PIC has to only know the interworkings and functions of the remote control and of the sUAS. Under the terms of a private pilot’s license, the license is required to transport passengers. We can achieve the same standard of safety as the current requirements without a private pilot’s license or certificate . Furthermore, while a private pilot’s license would be helpful, a pilot’ s license would notensure remote control piloting skills. Also the risks are far less operating a sUAS than the commercial

activities outlined in 14 CFR part 61. Also there is no need for a COA since The Sky’s The Limit Aerial Photography wil l never operate the UAS within 1 5 miles of an airport and never higher than 400 feet. Should there be an accident or failure, the sUAS poses a significantly less of a treat than helicopters with flammable fuel on board. Since the s UAS is a small fraction of the size of a helicopter or traditional aircraft and carries no flammable fuel or passengers, poses little to no risk to others in a controlled area with limited personnel. There a re very few pilots who fly privately and can op erate a sUAS for photography and inspection purposes and even fewer commercial pilots who are also able to operate a sUAS that it should be considered rare that a person is qualified for both. As a small company, it would be extremely unlikely to find a pi lot with both qualifications. And it would be impractical to find a sUAS pilot to train more pilots and obtain a commercial certificate. Which is unreasonable. Which is why The Sky’s the Limit Aerial Photography would hold our pilots to the highest standards to insure safety and operate at professional levels. Equipment operated by The Sky’s the Limit Aerial Photography:
1. DJI Phantom 2+ vision 2. DJI Phantom 3 Professional 3. DJI Phantom 3 Advanced Minimum requirements for the PIC:
1. A minimum of 25 hours on the flight simulator (provided) 2. 10 hours practice flights in a controlled, private environment 3. Must pass a qualification process which would include a test both written and fight testing 4. must know the local restrictions and company policy on flight Regarding 14 CFR part 21, subpart H. Regarding the statutory criteria provided in Section 333 of PL 112

-95 in reference to 49 USC 44704 and in criteria of the size, weight, speed and limited operating area of the sUAS and its operation, The Sky’s the Limit Aerial P hotography requests that this aircraft exemption meets the condition of Section 333. If granted, section 333 relief of 14 CFR, part 21, and any associated noise certification and testing requirements of part 36, is not necessary. Regarding 14 CFR 45.23(b) Given the size of the sUAS, the requirement of two inch lettering will be impossible. UA will be identified by serial number, registered in accordance with 14 CFR part 47, and have and identification N

number markings in accordance with 14 CFR part 45, su bpart C. markings will be a large as possible. Regarding 14 CFR 91.7(a) The Sky’s the Limit Aerial Photography’s request is based on the fact that no airworthiness certificate will be issued for the UAS. The Sky’s the Limit Aerial Photography’s UAS will not require an airworthiness certificate in accordance with 14 CFR 91(b)(2) and 91.203(a) and (b) is not necessary. Regarding 14 CFR 91.9(b)(2)Certifications required, the original intent of these regulations was to display an aircrafts

airworthiness, ce rtification and registration documents so they would be easily available to inspectors and passengers. Based on the FAA Memorandum subject “interpretation regarding whether certain required documents may be kept at an unmanned aircrafts control station” da ted August 8, 2014. The requested relief from 14 CFR 91.9(b)(2) and 91.203(a) and (b) is not necessary. Regarding 14 CFR 91.109 The sUAS do es not have fully functional dual controls . Flight control is accomplished through the use of a remote control that communicated to the sUAS through its own network connections. The aircraft considered for use for The Sky’s The Limit Aerial Photography has a function called return to home, this function, during the event of losing control or low battery, will make the a ircraft return exactly to its point of origin. So that if a student loses control, an instructor can make the aircraft return without problem. Also the UAS’ mobile application allows parameters to be set which is essential for training. Because of this safety function, The Sky’s The Limit Aerial Photography seeks relief from 14 CFR 91.109(a) Regarding 14 CFR 91.119(b) Relief from 14 CFR 91.119 is not applicable because The Sky’s The Limit Aerial Photography’s operations will only be conducted in secure are as. Regarding 14 CFR 91.203
Due to the size, weight, speed and limited operating area associated with the aircraft to be utilized by The Sky’s The Limit Aerial Photography, subject to limitations and conditions meets the requirements for an equivalent level of safety under 14 CFR part 1 1 and section 333 of P.L. 112

- 95 (section 333). Since the sUAS will never carry passengers or crew and pre

-flight inspections will be carried out before every flight, therefore it is not necessary for an airworthiness certificate for the sUAS, The sky’s th e Limit seeks relief.

R egulatory Provisions from which The Sky’s The Limit Aerial Photography seeks an exemption The Sky’s The Limit Aerial Photography believes it may need an exemption from the following provisions to conduct the contemplated operation s. In some cases, relief is respectfully requested because relief from another provision renders compliance with the regulation at hand infeasible. 333 exemption status
14 C.F.R

- 61.113(a) and (b)
14 C.F.R.

– 91.119(c)
14 C.F.R.

- 91.121
14 C.F.R.

– 91.15 1
14 C.F.R.

– 91.405(a)
14 C.F.R.

– 91.407(a)14 C.F.R.

– 91.409(a)(1)&(2)

14 C.F.R.

– 91.417(a)&(b)

The Sky’s The Limit Aerial Photography believes that an exemption is only needed from those listed above regulatory provisions. To the extent that the FAA believes that additional relief is required for The Sky’s The Limit Aerial Photography to conduct the operations we have described, we request exemptions from any such regulatory provisions as well.

14 CFR 91.119(c) Minimum safe altitudes Over other t han takeoff or landing, no person may operate an aircraft below the following altitudes. (c)over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet of any person, vessel, vehicle or structure. The Sky’s The Limit Aerial Photography requires relief from 91.119 is from the minimum altitudes listed in paragraph (c) Relief is required for the sUAS due to that operating a t an altitude at or over 500 feet is dangerous and increases the risk of collision with other aircraft. Safety can only be ensured with a grant of relief.
14 CFR 91.405 maintenance Each owner or operator of an aircraft shall have that aircraft inspected a s prescribed in subpart E of this part and shall between required inspections, except as provided in part 43 of this chapter.
14 CFR 91.407 (a) No person may operate any aircraft that has undergone maintenance, rebuilding or altercation unless it has been approved for return to service by a person authorized under part 43.7 of this chapter
14 CFR 91.409 (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

- (1)An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by 43.7 of this chapter; or (2)An inspection for this issuance of an airworthiness certificate in accordance with part 21 of thi s chapter. 91.417 (a) & (b)The Sky’s The Limit Aerial Photography believes that an exemption from these three maintenance

requirements is appropriate because the FAA has not developed maintenance standards that would allow an operator to meet part 91 mai ntenance requirements. Because of meeting the requirements of 91.405(a), 407(a), 409(a) and 417 (a) & (b), we believe an exemption from these provisions is appropriate.

The extent of requested relief and the reasons relief is needed Section 333 aircraft exemption status: Section 333 of the Modernization Act authorizes the FAA to exempt aircraft for the requirement for an airworthiness certificate based on a consideration of the size, weight, speed, operational capability of the particular sUAS, as well a s its proximity to airports and populated areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate in the areas and under the conditions contemplated by The Sky’s The Limit Aerial Photography will at lea st be as safe, or safer than a conventional aircraft operating with an airworthiness certificate without the conditions proposed in this request. The sUAS is less than 55lbs, fully loaded, carries neither a pilot nor passengers and operates only within a secured area. Unlike other civil aircraft, operations under this exemption will be carried out in compliance with the FAA and with local public safety requirements to provide secur ity for the area of operation that is now done with conventional equipment. These safety improvements eliminate risk to the inspectors over conventional operations. 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, l ocation, lack of explosive materials and inability to carry a substantial external load. Given the size and limited operating area associated with the aircraft to be utilized by the applicant, this meets the requirements of an equivalent level of safety u nder part 11 and section 333 of the Reform Act. The Federal Aviation Act (49U.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 sUAS. A n analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions p roposed will be at least as safe, or safer than a conventional fixed wing aircraft operating under an airworthiness certificate without restrictions and conditions proposed. 14 CFR 61.113 Private pilot privileges and limitations (a) Except as provided in pa ragraphs (b) through (h) of this section, no person who holds a private pilots certificate may act as a pilot in command of a aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as a pilot in command of an aircraft. (b)A private pilot may, for compensation or hire, act as a 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.

The Sky’s The Limit Aerial Photography anticipates having a specially trained staff to conduct all sUAS operations. While these individuals will not hold a private pilot’s license, the sUAS will never carry passengers or property for compensation or hire since the sUAS will only be used for photography and inspection of structures. Without an exemption, the pilot would have to require a commercial pilot’s certificate under 61.113. However, the risk associated with the proposed operations is less than the risk posed by traditional aircraft. The sUAS will operate at altitudes non permissible to traditional aircraft, eliminating the risk to all other aircraft. Requiring a commercial pilot certi ficate would provide no extra safety and would add additional costs on The Sky’s The Limit Aerial Photography which is a very company and the extra cost would hinder growth. Because of the proposed operations would not comply with 61.113 and none of the ot her exceptions to paragraph (a) apply, The Sky’s The Limit Aerial Photography requests relief from both paragraphs A and B.

The Sky’s The Limit Aerial Photography, UAS operations and procedures overview Safety features

1. auto take off 2. Auto descent and landing, this is an automatic function when control is lost or when the battery level is too low. 3. Fail safe, when the battery gets too low. Will return to point of origin

Technology The UAS has the most advanced technology which includes

1. P oint of interest, the drone will keep a certain distance on a selected point when in operation 2. Ground station, a pre planned flight plan which included planned speed, altitude, take off and landing position. 3. Follow me, a function that allows the UAS to use GPS technology to form a route to where you desire. 4. GPS display, the drone automatically connects to GPS to have pin point accuracy on where the UAS is. 5. Real time footage, the UAS will transmit images from its camera to the PIC for a visual on what the U AS is near. 6. Auto flight log, this function collects all data from every flight automatically, it records altitude and distance. 7. Vision positioning. This is a function of the UAS’ ground sensors to move with accuracy and calculate altitude. 8. The mobile appli cation, on a mobile device, set altitude and speed limits for unmatched safety.

Physical/mechanical1. We will only fly with in the line of sight with the PIC 2. The UAS will always weigh less than 55 lbs travel at less than 30 knots 3. Batteries will always exceed the capacity required for planned flight time 4. Flights will operate at no more than 400 feet Personnel
1. Spotters will ensure safe operation and always have a visual on the UAS as well

as the PIC 2. All personnel will be informed on the flight plan for every flight 3. The PIC will only allow UAS personnel within 100 ft from the area of operation 4. Permission from all property owners surrounding operation area will be obtained. 5. PIC and observer will be trained in the operation sequence of the UAS Operations
1. The UAS must weigh less than 55lbs including energy source (battery), and

equipment. 2. The UAS may not be flown at ground speed exceeding 30 knots 3. Flights must be operated at an altitude no more than 400 feet above ground level. 4. The UAS must be in the line of sig ht at all times of the PIC, unaided by any device. 5. For all operations, a spotter (or visual observer, VO) to satisfy the VLOS requirement. 6. The operator’s manual must be maintained and made available to the administrator at all times. The operator must foll ow the procedures in the manual. The operator may update the manual and to track revisions and present revisions at all times. 7. Before each flight the PIC must perform a pre

-flight check list to insure that the UAS is in a condition to operate safely. If a condition affects the operation of the UAS, then the UAS is prohibited to fly. All repairs and maintenance must be logged. 8. Any maintenance the UAS undergoes must undergo a test flight to ensure safe operation. 9. The PIC must have at least 25 hours of simulated flight time on a simulator provided by the manufacturer, 10 hours of real time practice flying, must pass a qualification test consisting of a written part and flight test, extensive knowledge of the aircraft and a extensive knowledge of the local airpo rts laws and company flight policy. 10. Prior to any operations authorized by this petition of exemption, the PIC and VO must have passed the qualification tests. 11. Prior to operations conducted for the purpose of inspection and photography, a flight plan must b e created and approved by the administrator. 12. The UAS must never hover over any person except for authorized personnel. 13. The distance for non participating persons are to be 500 feet or more during operation of UAS for the safety of all people during operati on, all authorized personnel that are not the PIC or VO are allowed at least 200 feet.14. If the UAS loses communications or Remote control signal, auto return will be activated so the UAS will return to the point of origin within a secure perimeter. 15. Each U AS operation must be completed with 30% battery remaining, a safety precaution to insure the return of the UAS. 16. The operator must document any and all maintenance to the UAS. Also include altercations and inspections. 17. The UAS operating under this exemption must comply with all manufacturer safety bulletins. 18. The operator must develop UAS PIC qualification criteria, these criteria must be added to the operation manual. 19. Pre

- flight inspection be performed before every flight and must document all discrepancies and malfunctions. 20. The radio frequency must comply with the FCC 21. At least 48 hours before flight the following must be completed, flight plan, date of flight, time of flight, operator information, location of operation, inspection details, N number, permiss ion given from surrounding property owners. 22. All documentation must be ready to present upon request 23. The UAS at all times must remain clear of all traffic and other manned or flight activities, for example but not limited to sky diving, hang gliding, parach uting ect. 24. UAS operations must only be conducted during daylight hours, never at night. As defined in 14 CFR 1.1 25. The UAS may not be operated from any moving vehicle or craft. 26. The UAS must never be operated in fog or operate near or in clouds. 27. The UAS may never operate in class B,C, or D airspace 28. The UAS may not operate within in 5 nautical miles of an airport 29. All accidents must be reported within 24 hours to the National Transportation safety Board. 30. The operator must follow the manufacturer’s UAS maintena nce, overhaul, replacement, inspection and life lime requirements. At a minimum, requirements for the following must be included in the operator’s manual. A. Power plant B. Propellers C. Electronic speed controller D. Batteries E. Remote control and command F. Ground contro l station G. Safety lights H. Any other componentsSupport for petition for exemption

Contact information Nicholas Sidoti
CEO The Sky’s The Limit Aerial Photography 5 County Rt 44 Mexico, New York 13114 (315)341

-4162 nsidoti25@gmail.com

Please contact at the phone number listed for any question or concerns.

Sincerely, Nicholas Sidoti CEO, The Sky’s The Limit Aerial Photography.DJI Phantom 3 Advanced & professional