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 Unmanned 

Aircraft Systems (sUAS) to assist 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 manufacturer.

Background Information

The Sky’s The Limit Aerial 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 simulators 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 

grant 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 provide at least an equal level of safety as the 

underlying regulation. Approval of this exemption would increase the public interest, improve safety, 

efficiency of operations and provide the FAA with a valuable experience with sUAS with societal and 

economic benefits. 

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 public. Safety and efficiency is highly dependent on 

constant inspection of the aircraft, assets, right of way, and other facilities. There are many factors that 

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 radio 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 

event 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 urban settings. Unlike the helicopter or 

traditional aircraft, a sUAS is much more cost effective and offers more stability for photographs and 

inspection. 

By using sUAS, The Sky’s the Limit Aerial Photography would be able to detect and address 

issues to improve 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 standards 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 Aerial 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 low 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 depicting 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 direction. 

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 altitudes 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 operation of the sUAS. All 

operation of the sUAS while in the air will always be in the 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 their 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 information 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 not 
ensure 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 will never operate the UAS within 15 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 sUAS 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 are very few pilots who fly privately and can operate 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 pilot 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 Photography 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 Nnumber markings in accordance with 14 CFR part 45, subpart 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, certification 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” dated 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 does 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 aircraft 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 areas. 

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 11 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 the Limit seeks relief. 

Regulatory 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 operations. 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. – 91.151

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 than 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 at 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 as 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 

this 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 maintenance 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 as 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 least 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 security 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, 

location, 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 under 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. An analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at 

least as safe, or safer than a conventional 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 paragraphs (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 certificate 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 other 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 includes1. Point 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 UAS 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 application, on a mobile device, set altitude and speed limits for 

unmatched safety.

Physical/mechanical
1. We will only fly with in the line of sight with the PIC

2. The UAS will always weigh less than 55lbs 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 sight 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 follow 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 airports 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 be 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 operation, 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 UAS 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, permission 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, parachuting 

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 maintenance, 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 control station

G. Safety lights

H. Any other components 
Support 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