December22,2014

United StatesDepartment ofTransportation FederalAviationAdministration Docket Management System 1200 NewJerseyAvenue, NE Washington, DC 20590 Filed inwww.regulations.gov 

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GREGORY S. WALDEN
+1202.887.4213/fax: +1202.887.4288 gswalden@akingump.com

Re: Petitionfor ExemptionofSkyPanInternational under Section 333 ofthe FAA Modernization and Reform Act, 49 U.S.C. 44701(f), and 14 C.F.R. Part 11
On behalf of SkyPan International ("SkyPan"), we hereby seek an exemption from certain Federal Aviation Regulations enumerated below, as authorized by Section 333 of the FAA Modernization and Reform Act ("Section 333"), Subsection 44701(f) of the Federal Aviation Act, and pursuant to the procedures set forth in Part 11 ofthe Federal Aviation Regulations, to allow SkyPan to operate the T Rex 700E F3C UAV rotorcraft manufactured by Align to perform inspections of unimproved or vacant properties for the construction industry, developers, and property owners. Chicago-based SkyPan International has been conducting aerial panorama photography operations above private property in urban areas for 27 years under very controlled conditions usingbothmanned and unmanned aviation systems (UAS), that is, both full-size helicopters and radio-controlled helicopters. Under contract to leadingreal estate developers, SkyPan flies over unbuilt properties, normally large dirt, grass, or paved lots. Using professional-grade digital camera equipment SkyPan produces interactive 360-degree photos showing future high rise views at exactly-measured, multiple heights to assist developers with pre-planning needs such as entitlements, investor presentations, pricing studies, and architectural design. In later phases of development, the marketing teams utilize SkyPan's 360-degree digital assets as integral components oftheirpre-salespresentations. SkyPan, using its patented panoramic aerial technology, has assisted real estate developers accelerate their business, saving time and money, greenlighting construction and job creation, increasing return-on-investment, and improving economies, city by city, across 14 states. Since 1988, some $55 billion worth ofcommercial and residential real estate in the United States has been sold and/or leased with SkyPan imagery as one ofthe primary marketing tools. SkyPan's

RobertS. Strauss Building 11333 New Hampshire Avenue, N.W. IWashington. D.C. 20036-1564 1202.887.4000 Ifax 202.887.4288 Iakingump cornSkyPanInternational Petitionfor Exemption December 22, 2014 Page 2 

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longtime repeat clients include the mostrecognizable names among the nation'selite developers, such as: John Buck, BCRE, Durst, Extell, Fifield, Four Seasons, Hines, Related, Rudin, Ritz Carlton, Silverstein, Trump, Varnado, Howard Hughes, GID, Witkoff, and Zeckendorf. SkyPan is proud of its robust record ofprotecting the public's safety, security, and privacy. SkyPan believes that its developer and builder clients would vouch for SkyPan's commitment to safety and privacy. SkyPan never operates over public property. SkyPan maintains strict safety measures including emergency autorotation trials, constant system testing/upgrades, failsafe backups, insurance coverage & an experienced crew ofpilot, camera operator & safety personnel. SkyPan notifies local police district community affairs officers in advance offlights. The T Rex 770E F3C is a two-blade remotely-piloted UAV made of carbon fiber, Delren plastic and aluminum, and weighs 13 pounds, 19 pounds with payload. SkyPan's typical flight is under 400-feet above ground level ("AGL") under four minutes in duration. SkyPan's flights are considered straight up/straight down; the vehicle ascends straight up over private property, has the capability of hovering in place, and then descends straight down. While hovering, the camera platform takes 12 still images in one 360-degree revolution. Average speed up and down is 5-10 feet per second; the UAV moves laterally only if necessary, at no more than 1 to 2 miles per hour. Battery power provides 8 minutes of operation; SkyPan operators will receive an audible reminder at 5 minutes, 30 seconds, and Sky Pan will land the UAV well before battery power is exhausted.
The T Rex includes an Ace One flight assist electronics system, with three modes: Normal, where the pilot controls all movement; ATTI keeps the UAV attitude stable while hovering; and GPS, which locks in the UAV altitude and position accuratelywhile hovering. In the event ofa loss ofGPS signal, the UAVwill not lockin its position and automatically go to ATTI mode and remain stable. Should there be aloss ofpower, the pilothas control ofthe UAV to perform auto rotation capability and land the aircraft. Ifthe UAV encounters an unexpected obstacle, thepilot will either divert the flight ormaintain the UA Vin a safe hoverposition awayfrom the obstacle. The crew consists ofapilot, camera operator, and a visual observer/safety technician. The pilot and visual observe are in close proximity to each other so that there is no risk of a loss of communicationbetweenthem throughout the flight. 

### The name ofthe applicant is SkyPan International. The primary SkyPan contact is Mr. Mark Segal, Principal, 711 N. Milwaukee Avenue, Chicago, Illinois 60642. Telephone is 312-491- 8776 and fax is 312-491-8934. His email is mark@skypanintl.com and SkyPan'sweb address is www.SkyPanintl.com.SkyPanInternational Petitionfor Exemption December22,2014 Page 3 

### Exemptionsrequested
14 C.P.R. Part 21 (airworthiness certification) 14 C.P.R. Part 27 (normal category rotocraft) 14 C.P.R. 61.113 (a) and (b) (pilot certification and qualification) 14 C.P.R. 91.7(a) (airworthiness) 14 C.P.R. 91.119(b) and (c) (minimum safe altitudes) 14 C.P.R. 91.151(a) and (b) (fuel requirements in VPRconditions) 14 C.P.R. 91.405 (a) and (b) (maintenance) 14 C.P.R. 91.407(a)(1) (approvalfor return to service) 14 C.P.R. 91.409(a) (annual and airworthinesscertificationinspection) 14 C.P.R. 91.417(a) and (b) (maintenance records)

Safety equivalenceornoadverse effectonsafety
UnmannedAerialVehicle and System 

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The T Rex 700E F3C UAV, with DJI's Ace One system, has a number of technological capabilities to demonstrate its airworthiness. In the event ofa loss ofGPS signal, the UAV will not lock in its position and automatically go to ATTI mode and remain stable. Should there be a loss ofpower, the pilot has control ofthe UA V to perform auto rotation capability and land the aircraft. Ifthe UAV encounters an unexpected obstacle, the pilot will either divert the flight or maintain the UAV in a safe hoverposition away from the obstacle.
Given its small size, operational capabilities, and restricted area in which the UAV will operate, an exemption from Part 21, Subpart H, Airworthiness Certificates, and 14 C.P.R. 91.7(a), is warranted, as SkyPan's UAV satisfies the equivalent level of safety as compared with manned aircraft and meets the criteria in section 333. Operating the UAV without an airworthiness certificate in the restricted environment over vacant private property under the conditions proposed will be safer than operating a manned helicopter operating with an airworthiness certificate and not subjectto suchconditions.
The UAV with payload is less than 20 pounds; it carries no explosive materials or flammable liquid fuels, and operate exclusively over private property, with no passengers or crew on board. As the FAAhasfound in granting an exemptionto Clayco, ExemptionNo. 11109, atpage 10:

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SkyPanInternationalPetitionforExemption December22, 2014 Page 4
The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event ofan incident or accident. The risk to an onboardpilotand crew during an incident or accident is eliminated with the use ofa VAfor the aerial filming operations. For the reasons outlined above, SkyPan also seeks an exemption from the certification requirements for normal categoryrotorcraft inPart 27. In support of SkyPan's request for an exemption from 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), SkyPan will adhere to the following inspection and maintenance program: SkyPan will inspect the VAV before and after each operation, as well as perform daily, weekly, monthly, and annual inspections, as set forth in its operations manual. Before each flight, the pilot in command will inspect the VAV to ensure it is in a safe condition for flight. The preflight inspection will account for any discrepancy, such as an inoperable component, item, or equipment. SkyPan will not initiate a flight if the inspection reveals a condition that adversely affects the safety ofoperations, and will not operate that VA V until it is found to be in a safe condition. Any VA V that has undergone maintenance or an alteration that affects the VAV's operation or flight characteristics will undergo a functional flight test before return to service. SkyPan will follow the manufacturer's VA V requirements relating to components, maintenance, overhaul, replacement, inspection and life limits. SkyPan will record all maintenance, alterations, and the functional flight test in the VA V logbook, including total flight hours, description of work accomplished, and the signature of the VAV technician who returned the VA Vto service. SkyPan's VAV is equipped with an altimeter that provides the pilot with a constant digital display ofaltitude. Moreover, the VAV will be operated within the visual line of sight ofthe pilot in command and observer and below 400 feet, above vacant property. Accordingly, SkyPandoes notbelieve an exemptionfrom 14 C.F.R. 91.121 is required. In support ofSkyPan's request for an exemption from fuel requirements in 14 C.F.R. 91.151(a) and (b), SkyPan notes that its VAV is battery-powered and is operated for briefperiods oftime, within the battery capacity ofthe VAV, and onlyverticallyup and down overprivateproperty.SkyPanInternational Petitionfor Exemption December22, 2014 Page5
UA V and UAS Operator Qualifications andTraining 

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In support of SkyPan's request for an exemption from the pilot certification and qualifications requirements in 14 C.F.R. 61.113(a) and (a), SkyPan asserts that an equivalent level ofsafety is achieved by the UAV-specific experience of its UAV pilot. Mr. Jeff Jones has over 10,000 hours operating avariety ofremotely-controlled aircraft over 35 years. In particular, he has been operating the T-Rex 770E, the UAV type SkyPan proposes to operate under the requested exemption, since 2010. He is widely recognized as a world-class operator of UAVs. In the course of his aviation career, he has gained extensive knowledge of the airspace and rules governing manned aircraft, fixed-wing and rotorcraft far beyond the knowledge gained by completingaground school instructioncourse and passingthe FAAprivatepilotexam. SkyPan recognizes the FAA's position that section 333 does not allow the FAA to waive the requirement of a UAV operator to hold an airman certificate, relying on section 44711. Assuming for the moment that section 44711 requires a UAV operator to hold a private pilot certificate, section 333 is a more recent enactment and provides explicit authority to the FAA to exempt a UAV operator from 

### any certification requirement. Section 333 instructs the FAA to consider 

### whether to require airworthiness certificates, certificates ofwaiver, and certificates of authorization, 

### "at a minimum." Thus, Congress vested FAA with discretion to waive other certificates, including an airman certificate.
Even if section 333 were read not to convey that discretion, section 44711 applies only to operationsin

### air commerce. SkyPan submits that its UA Vwill be operatedbelow400feet AGL above vacant property in metropolitan areas where manned aircraft are not permitted to operate. Thus, its operationswill notbe conducted in "aircommerce."
Even if FAA construes its subsection 44701(f) exemption authority to be limited to its regulations, the FAAcertainlyhas discretion to exempt UAV operators from the requirements of Parts 61 and 67 (as opposed to the certification requirement itself) and develop an airman certificate specifically designed for small UAV operations. Applying manned aircraft pilot certification requirements to small UAVs is not necessary as a matter of safety, and does not make sense as amatterofpublicpolicy. SkyPan believes that FAA's determination in the Astraeus Aerial and other exemptions that a commercial pilot certificate is not required for the operators of UAVs for closed set filming applies equally to the nature ofits UAV operations:

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SkyPanInternationalPetitionfor Exemption December 22,2014 Page 6 [T]he experience obtained beyond a private pilot certificate in pursuit of a commercial pilot certificate in manned flight does not necessarily aid a pilot in the operational environment proposed by the petitioner; the FAA considers the overriding safetyfactor for the limited operationsproposedby thepetitioner to be the airmanship skills acquired through VAS-specificflight cycles,flight time, andspecific make andmodel experience, culminatinginverification through testing. (Emphasis added.) SkyPlan believes this reasoning supports a UAV/UAS-focused training and experience regimen that should obviate not only a commercial pilot certificate but also aprivate pilot certificate because any training will be focused on the particular skills of operating the particular small UAV and the particularnature ofUAS operations. Should SkyPanelect to use a different type or model ofUAV, its pilot would receive 25 hours oftraining, including 50 takeoffs and landings, before operatingthat make and model ofUAVfor commercialpurposes. UA V and UAS OperatingParameters SkyPan will operate its UAV in full compliance with any local permit or safety ordinance, in accordance with its manual. All flights will be conducted within the visual line ofsight ofthe pilot in command, in a tightly circumscribed area ofa single parcel ofproperty, with the consent ofthe property owner and/or developer. Although the UAV may be operated in a metropolitan area, itwill remainwithin the vertical planes ofthe vacantproperty, and be flown below400 feet AGL, except in rare occasions where the proposed construction on the vacantparcel will exceed 400 feet AGL, in which case the UAV will operate at a higher altitude. However, in such rare cases, Sky Pan will not operate its UAV above any existing building or structure within a twoblock radius, thereby posing no risk to manned aircraft. SkyPan will notify the appropriate Flight Standards District Office "("FSDO") and AirTraffic Control for any operation withinfive miles ofan airport. SkyPan's typical flight will be operated under 400 feet AGL and last no longer than four minutes. SkyPan's flights are considered straight up/straight down; the vehicle ascends straight up over private property, has the capability of hovering in place, and then descends straight down. Average speed up and down is 5-10 feet per second; the UAV moves laterally only if necessary, at no more than 1to 2miles perhour. Battery powerprovides 8minutes ofoperation; SkyPan operators will receive an audible reminder at 5 minutes, 30 seconds, and SkyPan will land the UAVwell beforebatterypoweris exhausted. SkyPan conducts abriefingbefore each day's operations, which all personnel participatingin the operations must attend. SkyPan will obtain written consent of any person who will beSkyPan International PetitionforExemption December22, 2014 Page 7 

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participating in the operations or otherwise be on the property being filmed. SkyPan will provide notice to any adjacentbuildings or structures. SkyPan will limit its operations to daytime Visual Flight Rules ("VFR") plus 30 minutes before sunrise and 30 minutes after sunset (dusk), with each operation ending no later than 30 minutes after sunset. The UAV is equipped with LED lighting visible for 3 miles. Accordingly, we do notbelieve an exemptionfrom 14 C.F.R. 91.209 is necessary. SkyPan seeks an exemption from the requirement in 14 C.F.R. 91.119, subsection (b), that an aircraft must remain at least 1,000 feet above any congested area or open air assembly of persons, and subsection (c), that an aircraft must remain at least 500 feet above any person or structure in an area otherthanpopulated or congested, and not closer than 500feet to any person, vehicle, or structure. These requirements were adopted with fixed-wing, manned aircraft operations in mind. While SkyPan may operate its UAV in a metropolitan area, the operations will be strictly confined to private property that is unimproved or vacant, and thus its UAV will not be operated over a congested area or open air assembly ofpersons. SkyPan will ensure that no unauthorized person will be on the parcel ofland over which the UAV will be operated, and will providenotice to adjacentbuildings and furnish proctors to ensure that unauthorizedpersons do not come within the narrow parameters in which the UAV will be operated. Combined with the technological capabilities ofthe UAV and that the UAV will be operated within the visual line ofsight ofthe pilot and an observer, SkyPan submits that its operational limitationsprovides an equivalentlevel ofsafety to thatprovided in section 91.119. Publicinterest SkyPan's UAV operations will substantially benefit the local and regional economy. SkyPan's panoramic aerial technology has assisted real estate developers accelerate their business, saving time and money, greenlighting construction and job creation, increasing return-on-investment, and improving economies, across 14 states. SkyPan's deliverable product to real estate owners and developers relies on a coterie of specialists including architects, 3D animation studios, rendering companies, video production houses, web designers, interior architect designers, graphic designers, air rights and investment analysts, city planners, ad agencies, and sales and marketing consultants. SkyPan's aerial photography gives the general public a much-enhanced preview ofapartments, condos and office space prior to their construction, which improves prelease and pre-sales decision making. SkyPan has been conducting aerial panoramaphotography operations above private property in urban areas for 27 years under very controlled conditions. OperatingUAVs under the limitations proposed by SkyPan will avoid any risk ofharm to pilots as well as persons and people on the ground that would be present during the operation ofSkyPanInternational Petitionfor Exemption December22,2014 Page 8 

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manned helicopters. UAV operations will also require a much smaller energy footprint than withmannedhelicopters. Operations limitedto the UnitedStates SkyPan does not intend to operate its UAVoutside ofthe United States. Summary forFederalRegister SkyPlan submitsthe following summaryto be included in the Federal Register, should the FAA determine thatpublicationofa summary is required. SkyPanInternational seeks an exemptionto operate the T Rex 700EF3CUA V rotorcraft manufacturedbyAlign to perform inspections ofunimproved orvacantpropertiesfor the construction industry, developers, andproperty owners. Sincerely,

Copy to: Mark Segal, Sky PanInternational