U.S. Department of Transportation

Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590 RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations Dear Sir or Madam: I represent Sky

View Drone Services LLC. and are submitting this Petition for Section 333 Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”). **Applicant Information:** The name of the applicant: Sky View Drone Services LLC **.** The primary

contact for this application is: Kurtis Russell Sky View Drone Services, LLC. 84 Bennington Dr Staunton, Va 24401 Sky View Drone Services is a Li mited Liability C orporation formed under the State laws of Virginia on or about Feburary 1, 20 16 and Kurtis Russell is the D irector of Sky View Drone Services, LLC. Pursuant to Section 333 of the FMRA, Sky View Drone Services, LLC, hereb y requests a determination by

the Secretary

of Transportation authorizing commercial operations of UAS for the purposes of aerial photograph y & videography , mapping, power line surveillance, agricultural crop surveillance, aerial inspections, data collection, augmented real estate listings, commercial videos and other work related to aerial photograph y in the NAS. Sky View Drone Services, LLC does not intend to use for closed set filming. Flight operations will utilize the off the shelf DJ I family of unmanned aircraft. Conduct of UA operations will be with respect to FMRA Sect ion 333(c) and the UAS “Blanket COA”. Exemption is necessary

to effect the determination requested pursuant to FMRA Section 333. The attached documentation includes detailed exemption requests that demonstrate how these exemptions are in the public interest and will maintain at least an equal level of safety to existing regulations. Authorizing Sky View Drone Services, LLC. to conduct commercial UAS operations will result in less disruptive, safer, and more cost effective solutions than manned aviati on equivalents due to the low altitude environment, given the size, speed and inherent risk of traditional commercial operations. These commercial operations often occur in the unsafe areas of the height
- velocity diagram requiring special precision and ski ll.March 1 3 , 2016

Page 2 of 10 Sky View Drone Services, LLC will conduct the commercial UAS operation in a manner that will meet, and in many cases exceed, the current level of safety of commercial operations. UA that are under 55 lbs., have a low noise signature, and carry no volatile fuel, will limit collateral damage in the event of catastrophic failure. The low expense of operation , compared to cost prohibitive manned aviation alternatives allow a greater economic benefit to bu sinesses. For these reasons, granting an exemption under FMRA Section 333(c) is in the public interest. UAS technology

used for these commercial purposes benefit the public interest in the following way s:
 Reduces the collateral damage risks to life and property associated with low altitude operations in undesirable portions of the height
- velocity envelope.  In creased economic wellbeing to local businesses via cost reductions.  Enabling aerial business solutions to be available to a larger market.Marc h 1 3 , 2016

Page 3 of 1 0 **Table of Contents** I. Exemptions Requested II. Commercial Operation/Operator III. Unmanned Aircraft Sy stem (UAS) IV . UAS Pilot
- in
- Command (PI C) V. Public Interest VI . Summary **I. Exemptions Requested**  Pursuant to 14 C.F.R. § 11.81(e), Sky View Drone Services, LLC requests exemption from the following regulations:

 **14 C.F.R. Part 21 Subpart H**
**– Airworthiness Certificates**  **Establishes:** The procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. § 91.203(a)(1) Given the small size of the UA and the safeguards that will be taken as outline below, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA with consideration “of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular UAS.”

 **14 C.F.R. § 45.23(b)**
**– Aircraft Marking and Identification Requirements**  When mar

ks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light
- sport 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," "light
- sport, "experimental," or "provisional," as applicable. Sky View Drone Services , LLC will ensure comp liance with § 45.29(f) to meet the intent of the regulation by

displaying the registration number in the largest practicable lettering. **14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101**
**– Recreational, Private and**  **Commercial Pilot Privilege and Limi tations** 

 **14 C.F.R. § 61.113:** (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may

that person, for compensation or hire, act as pilot in command ofMarch 13 , 2016

Page 4 of 10 an aircraft. (b) A private pilot may , for compensation or hire, act as pilot in command of an aircraft in connection with any business or emplo ym ent

 **14 C.F.R. § 61.133** : (a) Privileges

– (1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft

– (ii) For compensation or hire, provided the person is qualified in accordance with this part and with th e applicable parts of this chapter that apply to the operation.

 **14 C.F.R. § 61.101** : (a) A person who holds a recreational pilot certificate may not act as pilot in command of an aircraft:  For compensation or hire;  In furtherance of a business; UA operatio ns will employ a PIC who holds, at a minimum, a recreational or sport pilot certificate of an y category or class and a valid driver’s license.

 **14 C.F.R. 91.7(a)**
**– Civil Aircraft Airworthiness**  No person may

operate a civil aircraft unless it is in an airworth y condition. The PI C will conduct daily pre and post flight inspections in accordance with manufactures maintenance manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort air operations immediately upon identification of an in
- flight emergency

or other unsafe condition. By compl yi ng with procedures outlined by the manufacturer, an equivalent level of safety will be achieved.

 **14 C.F.R. 91.9(b) civil**  **aircraft flight manual, marking, and placard requirements**  (b)(2) prohibits operation of 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 an y combination thereof. By keeping all operating documents, manuals, authorizations and exemptions in a binder co - located with the Sky View Drone Sevices, LLC. meet the intent of the regulations and therefore achieve an equivalent level of safety. **14 C.**  **F. R.**  **§ 91.103:**  **Preflight action**  This regulation requires each pilot in command to take certain actions before flight to insure the safet y of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft, an exemption will be neede d. An equivalent level of safety will be provided as set forth in Sections 8 and 9 of the Manual. The PI C will take all actions including reviewing weather, flight battery r equirements, landing and takeoff distances, and aircraft performance data before in itiation of flight.March 13 , 2016

Page 5 of 1 0

 **14 C.F.R. 91.109(a)**
**– Fl**  **ight Instruction** 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. The majority

of UAS by

design are developed with single operational control through the use of pre
- determined GPS enabled way points programmed before or during flight in addi tion to the use of a single hand held transmitter or control station controlled by the PI C. The design does not allow for dual controls during flight training and therefore the exemption is requested to train operators, build experience, and maintain profi ciency . An equal level of safety will be achieved b y conducting all training in sterile environments. Training sessions will be accomplished separatel y from flights conducted for compensation or hire.

 **14 C.F.R. 91.119 (c)**
**– Minimum Safe Altitudes**  Except when necessary

for takeoff or landing, no person may operate an aircraft below the following altitudes: (b) Over any congested area of a city, town, or settlement, or over an y open air assembl y of persons, an altitude of 1,000 feet above the highest obsta cle 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 sparsel y populated areas. In those cases, the aircraft may not be operated closer than 5 00 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight
- shift
- control 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. Commercial UAS operations will be conducted at or below the maximum altitude authorized by

COA. Given the size, weight and lack of fuel; combined with operation limitations listed below, the operation will be conducted with a greater level of safety than exists with current manned aviation operations.

 **14 C.F. R. 91.121** 
**– Altimeter Settings**  Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may

be, by reference to an altime ter that is set, when operating. UAS are equipped with Global Positioning System (GPS), which provide altitude and geo
location data to the operator without utilizing an altimeter. Due to this fact, an exemption is required. GPS are precise within a few feet and combined with fail
- safes and a visual observer the operation will m eet an equivalent level of safety
.
 **14 C.F.R. 91.151(a)**
**– Fuel Requirements for Flight in VFR Conditions**  No person may

begin a flight in an airplane under VFR conditions unless , ( considering wind and forecast weather conditions) there is enough fuel to fly to the first point of int ended landing and, assuming normal cruising speed

— (1) During the day , to fl y aft er that for at least 30 minutes.March 13 , 2016

Page 6 of 10 This regulation is written based on the capabilities of a traditional aircraft, which have flight times of several hours or greater; therefore, with the majority of UAS which have flight times of only

an hour or less, this regulation would effectivel y den y the ability of the air vehicle to operate. The PI C will achieve an equivalent level o f safety by compl yi ng with all manufacturer guidelines and the DJ I low battery failsafe s ys tem.

 **14 C.F.R. 91.215(b)**
**– ATC Transponder and Altitude Reporting Equipment and**  **Use.** All airspace. Unless otherwise authorized or directed b y ATC, no person may op erate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability , repl yi ng to Mode 3/A interrogations with the code specified b y ATC, or a Mode S capability , replying to Mode 3/A interrogations with the code specified by ATC and intermode and Mode S interrogations in accordance with the applicable provisions specified in TSO C
- 112, and that aircraft is equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically

replies to Mode C interrogations by transmitting pressure altitude information in 100
- foot increments. This requirement applies (1) All aircraft. In Class A, Class B, and Class C airspace areas; (2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL ; (3) Notwithstanding paragraph (b)( 2) of this section, any aircraft which was not originall y certificated with an engine
- driven electrical sy stem or which has not subsequently

been certified with such a s ys tem installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations are conducted

— (i) Outside an y Class A, Class B, or Class C airspace area; and (ii) Below the altitude of the ceiling of a Class B or Class C airspace area desi gnated for an airport or 10,000 feet MSL, whichever is lower; and (4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL ; and(5) All aircraft except an y aircraft which was not originally certificated with an engine
- driven electrical sy stem or which has not subsequently been certified with such a s ys tem installed, balloon, or glider (i) In all airspace of the 48 contiguous states and the Di strict of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and(ii) In the airspace from the surface to 10,000 feet MSL within a 10
- nautical
- mileradius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace designated for that airport. The UAS to be used in the proposed operation does not come equipped with a transponder. No transponder e xists for the UAS, which can be installed. The petitioner requests relief from the exemption to the extent required to operate in areas in which a transponder is required according the applicable regulations in this part. The PI C will achieve anMarch 13, 2016

Page 7 of 10 equivalent level of safety by compl yi ng with all provisions of the COA under which operations are to be conducted. By

issuing appropriate NOTAMS and prior ATO coordination, an equivalent level of safety can be achieved as other manned ai rcraft, which receive authorization to fly in airspace where a transponder is required but not operable. In order to give proper notice to the ATO, the PI C will comply with the provisions of 91.215(d)(3). The UAS flown under this exemption will comply with all altitude limits and airport standoff distances required b y COA, which mitigate hazards to aircraft controlled b y the ATO in congested airspace.

 **14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b)**
**– Maintenance**  **Inspections**  **91.405(a) States**  : Each owner or operator of an aircraft

— (a) Shall have that 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  **91.407(a)(1) States** : (a) No person may operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter  **91.409(a)(2) States:** (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 (2) An inspection for the issuance of an airworthiness certif icate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may

be substituted for any

inspection required b y this paragraph unless it is performed b y a person authorized to perform annual inspections and i s entered as an ‘‘annual’’ inspection in the required maintenance records.  **91.417(a) & (b) States:** (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods spe cified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i

– vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs 1

– 3) The PI C will conduct Pre/Post flight inspections and maintenance in accordance with the manufacturer’s guidance as stated in the operations manual. If maintenance is required, the PI C will conduct a dedicated test flight will be conducted to ensure safety before resuming commercial operations. All inspection, maintenance and alterations will be documented and maintained in a record. These actions will meet the intent of the regulations from which exemption is being requested and lead to an equivalent level of safety. **II. Commercial Operator/Operation** Any UA flown under thi s exemption will be controlled by a certificated PIC. The PI C will hold, at a minimum, a recreational or sport pilot certificate.March 13 , 2016

Page 8 o f 10 For each flight, Sky

View Drone Services, LLC :  Will contact the controlling air traffic organization to issue a NOTAM.  Will conduct a comprehensive worksite inspection and anal ys is, identifying limits of c ustomer property or authorized access areas.  Will conduct preflight planning in accordance with Section 91.103 Preflight Action.  Will operate in those areas only with the consent of the landowner or designated representative.  Will identify

potential obstructions or other hazards to safe operation.  Will clear the area of personnel or by standers that are non
- essent ial to the operation, maintaining at a minimum, 500 feet away from non
- participating persons.  Will conduct a preflight safety briefing to Visual Observer (VO) and participating persons.  Will at all times yield to manned air traffi c.  Will operate within VL OS of both PI C **and** VO during daylight hours onl y.  Will maintain voice communications with VO and participating persons.  Will operate under visual flight rules, in visual meteorological conditions, for the airspace in which the flight is conducted.  Will not exceed the maximum altitude as defined in the COA under which flight authorized, as determined b y the installed GPS.  Will keep operating documents, manuals, authorizations and exemptions in a binder collocated with the Sky

View Drone Services, LLC
.  Will immediately

terminate flight, in the safest manner possible, when safety to persons or property become compromised.  Will terminate flight, in the safest manner possible, when unable to comply with these limitations or any

other limitations granted as part of this exemption. In order to remain at an altitude at or below the attitude prescribed b y the applicable COA, relief is needed from Section 91.119 (c). By following these operating standards, the comm ercial operation will meet an equivalent level of safety to the regulation in which relief is sought. **III. Unmanned Aircraft System** Sky View Drones Services, LLC seeks exemption to operate DJ I UAS. Other UAS types may be requested in future amendments. Th e DJ I Inspire 1 , DJIOctocopter, and DJIPhantom are the primary aircraft in our operation for which we seek exemption. The UA will be flown via a combination of RC control and tablet. This UA type is a GPS equipped, multi
- rotor helicopter. A quad
- copter typ e rotorcraft utilizing four motors. Lithium
- poly mer batteries power the UA. The UA also has several fail
- safes for loss of RC signal, loss of GPS, and low battery as outlined in the respective Operation Manuals. The UA display visual and emit an audible low battery alerts at which time the UA will automatically engage the landing sequence. Based upon those safeguards, I request exemption from Section 91.151(b) Fuel requirements for flight in VFR conditions. Given the size, weight, speed, and controlled op erating area associated with the UA to be utilized, an exemption from 14 CFR part 21,March 13 , 2016

Pages 9 of 10 Subpart H (Airworthiness Certificates) and §91.203 (a) and (b) is requested. Exemption is sought from § 45.23 Marking of the aircraft. The UA will display the registration number in the largest practicable lettering. Sky View Drones Serves, LLC, seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections will be conducted according to operati ons manual and prudent judgment as previously outlined to determine the integrity and safety of the UA and associated equipment. Further, relief is required from 91.7(a), which prohibits the operation of an aircraft without an airworthiness certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. The UA will not be operating with an airworthiness certificate therefore, this would be inappropriate. The UAS are too small to carry the operating documents so an equivalent amount of safety can be achieved through keeping the operating documents and manuals at Sky View Drone Services, LLC
. **IV. UAS Pilot in Command (PIC)** Under part § 61, recreational, sport and private pilots are limited to non
- commercial operations, however Sky

View Drone Services LLC can ensure UA operations will achieve an equivalent level of safety

as current regulation because UA do not carry any pilots or passengers. A commercial pilot certificate will not ensure RC piloting ability , as the ps yc homotor skills are diffe rent. The inherent risks of operating a UAS are far less than in the commercial activities outlined in 14 CFR part 61, thus exemption is requested from § 61.101 Recreational Pilot Privileges and Limitations. PI Cs will maintain recent flight experience on the UAS. Training and experience flights will be conducted separate from commercial operations. **V. Public Interest** Given the above stated evidence, procedures, and precautions operating UAS commerciall y for the purposes of aerial photograph y & videography , mapping, utility line surveillance , agricultural crop surveillance, aerial inspections, data collection, a ugmented real estate listings, commercial videos and other work related to aerial photography will ultimately

be in the public interest. These operations, when executed with prudence, will exceed the current level of safety as the regulations from which exemption is sought. UA operations will allow greater access to commercial aerial services that were not previously economicall y feasible for man y firms. This will provide a much needed economic uplift to the community and hence the public. UA operations are associated with less risk of collateral damage to persons and property while limiting disruptive noise pollution associated with low altitude av iation operations. **VI. Summary** Pursuant to Section 333 of PL112
- 95 commonly known as the “FAA Modernization and Reform Act of 2012”, Sky

View Drone Services , hereb y applies for authorization to conduct commercial unmanned aerial s ys tems (UAS) operations for the purposes of aerial photography & videograph y, mapping, utility line surveillance, agricultural crop surveillance, aerial inspections, data collection, augmented real estate listings, commercial videos and other work related to aerial photograph y li stings Rules for which exemption is sought:  14 C.F.R. Part 21 Subpart H  14 C.F.R. § 45.23(b)March 13, 2016

Page 10 of 1 0

 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)  14 C.F.R. § 91.7(a)  14 C.F.R. 91.9(b)  14 C.F.R. § 91.103  14 C.F.R. § 91.109(a)  14 C.F.R. § 91.119  14 C.F.R. § 91.121  14 C.F.R. § 91.151(a)  14 C.F.R. § 91.215(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. § 91.417(a) & (b) Thank you for your promp t attention and consideration. Please do not hesitate to contact me directly with any questions or concerns at (540) 292
- 7268 . Very trul y yours, Kurtis Russell President Sky View Drone Services, LLC. 84 Bennington Dr. Staunton, VA 24401 (540) 292
- 7268 Sky viewdrone400@gmail.com