By letter dated March 16, 2015, Mr. Eric Mills and Frederick Remington, Managing

Partners, Aileron LLC, dba Skyform, 3333 E.Bayaud Ave. #916, Denver, Colorado

80209, hereby ask the Federal Aviation Administration (FAA) for an exemption from part

21 subpart H (§§ 21.171– 21.199) and §§ 45.23(b), 91.7(a), 91.9(b), 91.103, 91.109,

91.119, 91.121, 91.151(a), 91.203(a) and (b), and Subpart E (91.401–91.417) of Title

14, Code of Federal Regulations (14 CFR). The exemption would allow Aileron, LLC,

dba Skyform, to operate the DJI S900 Unmanned Aircraft System (UAS) (hereinafter

referred to as the S900) for the purpose of aerial filming in the motion picture, video,

photography, and television industries as well as providing high­resolution aerial

imagery for agricultural, construction and petroleum industries.

Skyform requests relief from the following regulations:

Part 21, subpart H (§§ 21.171­21.199), prescribes in pertinent part, the procedural

requirements for issuing and changing design approvals, production approvals,

airworthiness certificates, and airworthiness approvals.

Section 45.23(b) prescribes that when marks include only the Roman capital letter “N”

and the registration number is displayed on limited, restricted, or light­sport category

aircraft or experimental or provisionally certificated aircraft, the operator must also

display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters

not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,”

“light­sport,” “experimental,” or “provisional,” as applicable.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an

airworthy condition.

Section 91.9(b) prescribes, in pertinent part, that no person may operate a

U.S.­registered civil aircraft unless there is available in the aircraft a current approved

Airplane or Rotorcraft Flight Manual, approved manual material, markings, and

placards, or any combination thereof.

Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before

beginning a flight, become familiar with all available information concerning that flight, to

include—

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather

reports and forecasts, fuel requirements, alternatives available if the planned
flight cannot be completed, and any known traffic delays of which the pilot in

command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following

takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight

Manual containing takeoff and landing distance data is required, the

takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this

section, other reliable information appropriate to the aircraft, relating to

aircraft performance under expected values of airport elevation and

runway slope, aircraft gross weight, and wind and temperature.

Section 91.109 prescribes, in pertinent part, that no person may operate a civil aircraft

(except a manned free balloon) that is being used for flight instruction unless that

aircraft has fully functioning dual controls.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person

may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing

without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or

settlement, or over any open air assembly of persons, an altitude of 1,000 feet

above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(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 to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight­shift­control aircraft. If the operation is

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in

paragraph (b) or (c) of this section, provided each person operating the helicopter
complies with any routes or altitudes specifically prescribed for helicopters by the

FAA; and

(2) A powered parachute or weight­shift­control aircraft may be operated at less

than the minimums prescribed in paragraph (c) of this section.

Section 91.121 prescribes, in pertinent part, that each person operating an aircraft shall

maintain the cruising altitude by reference to an altimeter that is set when operating

below 18,000 feet mean sea level (MSL) to the elevation of the departure airport or an

appropriate altimeter setting available before departure.

Section 91.151(a) prescribes that no person may begin a flight in an airplane under

visual flight rules (VFR) conditions unless (considering wind and forecast weather

conditions) there is enough fuel to fly to the first point of intended landing and, assuming

normal cruising speed, (1) during the day, to fly after that for at least 30 minutes

[emphasis added].

Section 91.203(a) prescribes, in pertinent part, that no person may operate a civil

aircraft unless it has within it (1) an appropriate and current airworthiness certificate;

and (2) an effective U.S. registration certificate issued to its owner or, for operation

within the United States, the second copy of the Aircraft registration Application as

provided for in § 47.31(c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil

aircraft unless the airworthiness certificate or a special flight authorization issued under

§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers

or crew.

Part 91, Subpart E (§§ 91.401­91.417), prescribes, in pertinent part, rules governing the

maintenance, preventive maintenance, and alterations of U.S.­registered civil aircraft

operating within or outside of the United States.
Skyform supports its request with the following information:

1) Skyform Standard Operating Procedures Manual (SOPM)

2) S900 flight planning document

3) S900 user manual

Unmanned Aircraft System (UAS)

Skyform plans to operate a UAS, the DJI S900, which is manufactured by DJI

Technologies, Hong Kong, China, and includes a lightweight battery­powered/operated

aircraft, ground control station, and associated data link equipment. The S900 airframe

is constructed of carbon fiber and weighs 4.7 lbs., with a wingspan of 50 inches. The

S900 is powered by one lithium polymer battery that drives a total of twelve propellers. It

is ground launched, has a maximum flight time of 18 minutes, and operates at a cruising

speed of up to 30 mph. The ground control station consists of 2 Spektrum DX­9 remotes

and a DJI Lightbridge which has a maximum data link range of 3 nautical miles (NM). If

the S900 loses link with the ground control station or detects a low battery state at any

time it will initiate a return­to­home sequence.

Regarding airworthiness certification, Skyform requests an exemption from part 21,

subpart H, Airworthiness Certificates, (§§ 21.171­21.199). The operator states that an

equal level of safety will be achieved with the operational limitations described in the

petition. Specifically, all flights will occur within visual line of sight (VLOS) of the PIC and

visual observer (VO), at an altitude of 400 feet above ground level (AGL) or less. As a

result of the operating limits proposed, combined with the S900’s lightweight airframe

and very high pilot requirements, Skyform states that the S900 can safely operate

without creating a hazard to other aircraft or to persons or structures on the ground.

Regarding aircraft markings, we request an exemption from § 45.23(b) because the

S900 is unmanned and therefore does not have an entrance on which the required

markings could be displayed. Skyform proposes to achieve an equivalent level of safety

by including the word “EXPERIMENTAL” in the largest lettering possible on the top of

the aircraft. Because the S900 would always be within VLOS of the PIC (positioned at

the ground station) and would be flown at 400 feet AGL or lower, the markings on the

airframe and the flag at the ground station would allow parties to be visually informed of

the UAS’s operating status.
Regarding civil aircraft certification required under § 91.7(a), Skyform notes that it is

already seeking exemption from airworthiness certification and, thus, that no FAA

standard will exist for determining airworthiness. We will achieve an equal level of safety

by following the pre­flight protocol for each flight, safety checks, and comprehensive

maintenance procedures prescribed in the operating documents.

Regarding keeping an approved civil aircraft flight manual aboard the UAS, Skyform

states it may need an exemption from § 91.9(b), because the aircraft is too small to

carry documentation and that documentation would not be available to the crew. We will

obtain an equivalent level of safety by mandating that current operating documents be

available to the crew at the ground station anytime the aircraft is in flight or preparing for

flight.

Regarding the requirements in § 91.109 for fully functioning dual flight controls aboard

the aircraft, Skyform notes the S900 ground control station is computer­based; while it

does not offer a second set of “controls,” both the student and instructor can and will

operate the single set of controls, which could be passed back and forth between the

student and instructor.

Regarding the requirement in § 91.203 that all civil aircraft have “an appropriate and

current airworthiness certificate” that must be “displayed at the cabin or cockpit entrance

so that it is legible to passengers or crew[,]” Skyform is already seeking an exemption

from airworthiness certification requirements and therefore requires an exemption from

this regulation as well. Moreover, due to its size and design, the S900 has no cabin or

cockpit and therefore no ability to affix or carry certificate or registration documents. An

equivalent level of safety can be attained by keeping any FAA­required documents at

the ground control station and by affixing a small placard to the S900 airframe with

manufacture, registration, and contact information.

We request an exemption from the maintenance, preventive maintenance, and

alterations requirements in part 91, Subpart E (§§ 91.401 through 91.417). Skyform

proposes that the PIC perform maintenance and inspection of the aircraft according to

the operating documents, which are supplemental, proprietary operations and

maintenance procedures submitted to the FAA under separate cover to its petition.

Skyform proposes that the PIC will ensure that the aircraft is in an airworthy condition

prior to flight and approve its return to service. Additional maintenance will be performed

by the manufacturer or fully certified repair stations. Alll maintenance performed on the

S900 by the PIC and manufacturer is documented in accordance with 91.407 (a) (1).”

Further, Skyform states, the records will include ‘a description of the work performed;
and the date of completion of the work performed; and the signature of the person

approving the aircraft for return to service. The PIC will authorize the S900 for return to

service for all maintenance covered in the S900 Operations Manual and Maintenance

Manual and the manufacturer will authorize the S900 for return to service for all

maintenance that is outside the scope of these two documents.

UAS Pilot in Command (PIC)

Skyform will operate over designated areas with both a PIC, and a ground­based Safety

Observer. The Safety Observer will be located next to the PIC and will ensure the

aircraft remains within VLOS of the PIC and Safety Observer. All S900 operations will

be conducted by Airline Transport Pilot (ATP) certified pilots, holding a first class

medical, and who have completed the training in accordance with the operating

documents. By only utilizing licensed ATP pilots as pilot in command, the proposed

operations will not adversely affect safety because of the confined and controlled area

of operations. The PIC will have additional qualifications and training prior to operations

conducted under this exemption. Additionally, anytime the PIC or Safety Observer spots

a potential hazard, such as a manned aircraft within close proximity to the designated

flight area, the PIC will immediately land the S900 and operations will only resume after

the hazard is clear of the area.

UAS Operating Parameters

The S900 will be operated with both a PIC, and a ground­based Safety Observer. The

S900 is ground launched, requiring no runway for takeoff or landing. Once airborne, the

S900 will fly at an altitude of 400 feet AGL or less over the designated area. Prior to

flight, the PIC will set a designated flight area and flight parameters to ensure that the

S900 will remain within the confines of the approved site and not exceed a maximum

altitude of 400 feet AGL. If a critical issue is detected at any time, such as a low battery

state or loss of data link, the S900 will immediately execute pre programmed safety

procedures. The S900’s small operational footprint and built­in safety protocol provide a

much safer alternative for aerial imaging and would pose a minimal hazard to the NAS

or public.

The S900 will only operate in areas deemed safe. In addition, there are to be no

commercial airports within 5 NM and no general aviation airports within 3 NM of any of

the sites. The S900 will also operate at an altitude of 400 feet AGL, or less, and as a

result will be laterally de­conflicted from manned aircraft operations. By operating at low

altitudes, Skyform asserts that the S900 will pose minimal or no threat to individuals or
structures on the ground and will remain well clear of any and all air traffic. Skyforms

operational limitations require the PIC to file a Notice to Airmen (NOTAM) for S900

flights at each site, providing at a minimum radial/DME, radius, and a date/time group.

The S900 will be flown in accordance with day Visual Flight Rules (VFR) and only in

Visual Meteorological Conditions (VMC) during daylight hours. The S900 will operate

within 1 NM and VLOS of the PIC, (and the Safety Observer positioned next to the PIC)

at an altitude of 400 feet AGL or less. The Safety Observer will be responsible for

ensuring that the S900 remains within VLOS at all times and will also assist in spotting

potential hazards.

Regarding the requirement in § 91.103 that the PIC be familiar with specific information

before each flight such as weather and fuel requirements, as well as information found

within approved flight manuals relating to aircraft performance and take­off and landing

distances, Skyform notes that the S900 has no FAA­approved flight manual and

therefore seeks exemption from this requirement. We will attain an equivalent level of

safety by following the operating documents, submitted to the FAA as an appendix

under separate cover. The S900 Operations Manual contains information comparable to

that found in FAA­approved flight manuals.

With respect to operating altitudes, we request an exemption from the minimum safe

altitude requirements in § 91.119. Skyform notes that § 91.119(c) provides that over

sparsely populated areas the aircraft cannot be operated closer than 500 feet to any

person, vessel, vehicle, or structure. The aircraft will be operating at a maximum of 400

feet AGL and can not comply with this requirement. Additionally, the S900s small size

and carbon fiber airframe is less hazardous to persons and structures on the ground

than a manned fixed­wing aircraft performing the same service. By operating at an

altitude of 400 feet AGL or less, the S900 will not be in conflict with manned aircraft that

are subject to this minimum altitude regulation.

Regarding the altimeter settings requirements in § 91.121, Skyform states that the S900

is not equipped with a programmable altimeter; rather, the S900 determines location

and altitude using an onboard GPS. Moreover, because the S900 will be operating at or

below 400 feet AGL, there is no need to maintain hemispherical cruising altitudes for

de­confliction with manned aircraft. For the above reasons, Skyform seeks exemption

from this regulation. We will attain an equal level of safety by using the onboard GPS.

The S900’s altitude will also be monitored by the PIC and VO.
Regarding the fuel requirements in § 91.151, Skyform states the S900 is

battery­operated, does not carry “fuel,” and the maximum duration of flight from a full

battery charge is 18 minutes. Further, the operating documents describe the in­flight

battery monitoring system and suggest landing the S900 when the voltage drops below

25%. Compliance with this regulation would leave the S900 with sufficient flight time,

including unforeseen delays, to land safely. We request full exemption from this

requirement, asserting that it is unnecessary because there are no intended landing

points associated with these operations, and because the S900 is capable of landing

safely anywhere in its designated operating area once battery power is exhausted. The

risk or danger associated with failing to reach a safe landing point with 30 minutes of

extra fuel does not exist with the S900, and that an equivalent level of safety can be

attained because the S900 does not have to return to a landing point but can safely land

anywhere over the intended flight area.

Public Interest

By authorizing S900 operations, the FAA would advance the public interest by reducing

the number of manned aircraft in the NAS; reducing air and noise pollution; reducing the

risk to life and property on the ground; and increasing agricultural economic growth as

well as safety associated with industrial and commercial applications. There are a

number of benefits of S900 operations compared to manned aircraft operations that are

used for the same applications. Allowing S900 operations would reduce the burden on

air traffic controllers; would reduce air and noise pollution from the manned aircraft that

would otherwise be used; would reduce fuel use, as the S900 is battery­powered unlike

the manned aircraft it would replace; and would reduce the risk to life and property on

the ground, as the S900 contains no pilot and is constructed of a small, lightweight

carbon fiber airframe.

Finally, high­resolution image data generated from S900 flights would provide scientists

with important information that would assist efforts to maximize crop yields. This would

result in a major increase in economic growth, which would be in the public interest.