December 22,2014 

United States Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Avenue, NE 

Washington, DC 20590 

Filed in www.regulations.gov 

kinGump 

STRAUSS HAUER & FELD LLP 

GREGORY S. WALDEN 

+ 1 202.887.4213/fax: + 1 202.887.4288 

gswalden@akingump.com 

Re: Petition for Exemption of SkyPan International under Section 333 of the 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 of the 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 

using both manned and unmanned aviation systems (UAS), that is, both full-size helicopters and 

radio-controlled helicopters. Under contract to leading real 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 of their pre-sales presentations. 

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 of commercial and residential real estate in the United States has 

been sold and/or leased with SkyPan imagery as one of the primary marketing tools. SkyPan's 

RobertS. Strauss Building 11333 New Hampshire Avenue, N.W. I Washington. D.C. 20036-1564 1202.887.4000 I fax 202.887.4288 I akingump corn 
SkyPan International Petition for Exemption 

December 22, 2014 

Page 2 

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longtime repeat clients include the most recognizable names among the nation's elite 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 of protecting 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 of pilot, camera operator & safety personnel. SkyPan notifies 

local police district community affairs officers in advance of flights. The T Rex 770E F3C is a 

two-blade remotely-piloted UA V 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 UA V 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 accurately while hovering. In the event of a 

loss of GPS signal, the UA V will not lock in its position and automatically go to ATTI mode and 

remain stable. Should there be a loss of power, the pilot has control of the UAV to perform auto 

rotation capability and land the aircraft. If the UAV encounters an unexpected obstacle, the pilot 

will either divert the flight or maintain the UA V in a safe hover position away from the obstacle. 

The crew consists of a pilot, 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 

communication between them throughout the flight. 

The name of the applicant is Sky Pan 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's web address is 

www.SkyPanintl.com. 
SkyPan International Petition for Exemption 

December 22,2014 

Page 3 

Exemptions requested 

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 VPR conditions) 

14 C.P.R. 91.405 (a) and (b) (maintenance) 

14 C.P.R. 91.407(a)(1) (approval for return to service) 

14 C.P.R. 91.409(a) (annual and airworthiness certification inspection) 

14 C.P.R. 91.417(a) and (b) (maintenance records) 

Safety equivalence or no adverse effect on safety 

Unmanned Aerial Vehicle and System 

AkinGump 

STRAUSS HAUER & FELD LLP 

The T Rex 700E F3C UA V, with DJI's Ace One system, has a number of technological 

capabilities to demonstrate its airworthiness. In the event of a loss of GPS signal, the UA V will 

not lock in its position and automatically go to ATTI mode and remain stable. Should there be a 

loss of power, the pilot has control of the UA V to perform auto rotation capability and land the 

aircraft. If the UA V encounters an unexpected obstacle, the pilot will either divert the flight or 

maintain the UA V in a safe hover position away from the obstacle. 

Given its small size, operational capabilities, and restricted area in which the UA V 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 UA V 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 subject to such conditions. 

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 FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10: 
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STRAUSS HAUER & FELD LLP 

SkyPan International Petition for Exemption 

December 22, 2014 

Page 4 

The limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The risk 

to an onboard pilot and crew during an incident or accident is eliminated with the use of a 

VA for the aerial filming operations. 

For the reasons outlined above, SkyPan also seeks an exemption from the certification 

requirements for normal category rotorcraft in Part 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 VA V 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 of operations, 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. 

Sky Pan 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 V to service. 

SkyPan's VAV is equipped with an altimeter that provides the pilot with a constant digital 

display of altitude. Moreover, the VAV will be operated within the visual line of sight of the 

pilot in command and observer and below 400 feet, above vacant property. Accordingly, 

SkyPan does not believe an exemption from 14 C.F.R. 91.121 is required. 

In support of SkyPan'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 brief periods of time, 

within the battery capacity of the VAV, and only vertically up and down over private property. 
SkyPan International Petition for Exemption 

December 22, 2014 

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UA V and UAS Operator Qualifications and Training 

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STRAUSS HAUER & FELD LLP 

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 of safety is 

achieved by the UA V -specific experience of its UA V pilot. Mr. Jeff Jones has over 10,000 

hours operating a variety of remotely-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 UA Vs. 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 

completing a ground school instruction course and passing the FAA private pilot exam. 

SkyPan recognizes the FAA's position that section 333 does not allow the FAA to waive the 

requirement of a UA V 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 of waiver, 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 

operations in air commerce. SkyPan submits that its UA V will be operated below 400 feet AGL 

above vacant property in metropolitan areas where manned aircraft are not permitted to operate. 

Thus, its operations will not be conducted in "air commerce." 

Even if FAA construes its subsection 44701(f) exemption authority to be limited to its 

regulations, the FAA certainly has 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 a matter of public policy. 

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 of its UAV operations: 
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STRAUSS HAUER & FELD LLP 

SkyPan International Petition for 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 safety factor 

for the limited operations proposed by the petitioner to be the airmanship skills acquired 

through VAS-specific flight cycles, flight time, and specific make and model experience, 

culminating in verification 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 a private 

pilot certificate because any training will be focused on the particular skills of operating the 

particular small UA V and the particular nature of UAS operations. Should Sky Pan elect to use a 

different type or model of UA V, its pilot would receive 25 hours of training, including 50 takeoffs and landings, before operating that make and model of UA V for commercial purposes. 

UA V and UAS Operating Parameters 

Sky Pan will operate its UA V in full compliance with any local permit or safety ordinance, in 

accordance with its manual. All flights will be conducted within the visual line of sight of the 

pilot in command, in a tightly circumscribed area of a single parcel of property, with the consent 

of the property owner and/or developer. Although the UA V may be operated in a metropolitan 

area, it will remain within the vertical planes of the vacant property, and be flown below 400 feet 

AGL, except in rare occasions where the proposed construction on the vacant parcel 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 UA V 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 Air Traffic Control for any operation within five 

miles of an 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 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 SkyPan will 

land the UA V well before battery power is exhausted. 

SkyPan conducts a briefing before each day's operations, which all personnel participating in the 

operations must attend. SkyPan will obtain written consent of any person who will be 
SkyPan International Petition for Exemption 

December 22, 2014 

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participating in the operations or otherwise be on the property being filmed. SkyPan will 

provide notice to any adjacent buildings 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 

not believe an exemption from 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 other than populated or congested, and not closer than 500 feet to any person, 

vehicle, or structure. These requirements were adopted with fixed-wing, manned aircraft 

operations in mind. While SkyPan may operate its UA V in a metropolitan area, the operations 

will be strictly confined to private property that is unimproved or vacant, and thus its UA V will 

not be operated over a congested area or open air assembly of persons. SkyPan will ensure that 

no unauthorized person will be on the parcel of land over which the UA V will be operated, and 

will provide notice to adjacent buildings and furnish proctors to ensure that unauthorized persons 

do not come within the narrow parameters in which the UA V will be operated. Combined with 

the technological capabilities of the UA V and that the UA V will be operated within the visual 

line of sight of the pilot and an observer, Sky Pan submits that its operational limitations provides 

an equivalent level of safety to that provided in section 91.119. 

Public interest 

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 of apartments, condos and office space prior to their construction, which improves prelease and pre-sales decision making. SkyPan has been conducting aerial panorama photography 

operations above private property in urban areas for 27 years under very controlled conditions. 

Operating UAVs under the limitations proposed by SkyPan will avoid any risk of harm to pilots 

as well as persons and people on the ground that would be present during the operation of 
SkyPan International Petition for Exemption 

December 22,2014 

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manned helicopters. UAV operations will also require a much smaller energy footprint than 

with manned helicopters. 

Operations limited to the United States 

SkyPan does not intend to operate its UAV outside of the United States. 

Summary for Federal Register 

SkyPlan submits the following summary to be included in the Federal Register, should the FAA 

determine that publication of a summary is required. 

Sky Pan International seeks an exemption to operate the T Rex 700E F3C UA V rotorcraft 

manufactured by Align to perform inspections of unimproved or vacant properties for the 

construction industry, developers, and property owners. 

Sincerely, 

Copy to: Mark Segal, Sky Pan International