CYA Data, LLC

19100 W. 2nd Cir N.

Goddard, KS 67052

Telephone (316) 371-3600

Email: dunick@msn.com

August 24, 2015

U. S. Department of Transportation 

Docket Management System

West Building Ground Floor, Room w12-140

1200 New Jersey Ave. SE

Washington, DC 20590

Re: Request for Exemption pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 

14. C.F.R. Part 11 

Dear Sir or Madam:

CYA Data, LLC is a business for the purpose of conducting (1) commercial and industrial aerial imaging; (2) aerial 

surveying for data collection; (3) aerial photogrammetry, inspection and analysis; and (4) tower and structure 

inspections. CYA Data is owner of Small Unmanned Aircraft Systems ["sUASs"]. These sUASs are equipped with 

video, photographic, and imaging equipment for the purpose of collecting data for use by commercial industries 

and other private and public entities, in pre-planned, controlled access property, private and public areas. CYA 

Data is requesting regulatory and statutory relief pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (the Reform Act) and 14 C.F.R. Part 11 to allow commercial operations of its sUASs. These operations 

will be conducted pursuant to the conditions described within this request and in accordance with those 

established by the Federal Aviation Administration (FAA) and as required by Section 333 of the Reform Act. 

Granting the requested exemption would permit the operation of small, unmanned aircraft systems under 

controlled conditions in airspace that is limited and predetermined over private, controlled access property or 

public property where approved and will do so with the property owner's consent and knowledge. Only people 

who have consented or otherwise agreed will be in the area where videography and photography will take place. 

All permissions, authorizations, permits, grants or other required authorizations would be secured prior to 

operation. 

Granting this exemption would enhance the already safe operations in the industries that conduct: (1) 

commercial and industrial aerial imaging; (2) aerial surveying for data collection; (3) aerial photogrammetry, 

inspection and analysis; and (4) tower and structure inspections. This in tum fulfills the Secretary of 

Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the safe operation of 

such aircraft systems in the national airspace system" (The Reform Act, Section 333(c)).

The name and address of the applicant is:

CYA Data L.L.C.

Attn: Mr. Duane L. Nickel

Telephone (316) 371-3600

Email: dunick@msn.com

Address: 19100 W. 2nd Cir. N. Goddard, KS 67052-8709
Page 2 of 9

I. FAA authority for granting exemptions

Section 333 (a) through (c) of the Reform Act required the Secretary of Transportation ". . . . to 

determine if certain unmanned aircraft systems may operate safely in the national airspace system before 

completion of the plan and rulemaking required by section 332 of this Act or the guidance required by 

section 334 of this Act." 

The Secretary is required to assess the UASs and determine if the UAS may safely operate in the 

National Air Space (NAS) based upon the following criteria:

(1). . . their size, weight, speed, operational capability, proximity to airports and populated areas, and 

operation within visual line of sight (emphasis added) do not create a hazard to users of the national airspace 

system or the public or pose a threat to national security; and 

(2) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under 

section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1).

The Secretary is then required to “. . . establish requirements for the safe operation of such 

aircraft systems in the national airspace system." Reform Act, Sec. 333 (c). Pursuant to this requirement 

the Secretary may define conditions (through the Federal Aviation Administration) for the safe operation 

of the UAS.

Granting this request for exemption would fulfil Congress' goal in passing Section 333(a) through 

(c) of the Reform Act and the Federal Aviation Act.

II. Request will benefit the public as a whole

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of Section 333 of the Reform Act or any sections from 44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 

CYA Data’s Unmanned Aircraft (UA) are the DJI Phantom 3, the DJI Inspire 1, SenseFly Ebee, 2015 

AgEagle, weighing 55 pounds or less, including payload. These Unmanned Aircraft (UA) have previously been 

approved for use in granted exemptions: DJI Phantom 3 (12139, 12141, 12142), DJI Inspire 1 (12120, 12134, 

12141, 12144), SenseFly Ebee (11263, 11797), and the 2015 AgEagle (11480). CYA Data’s request fits the defined 

criteria as established by Congress and the FAA based upon the small size of the sUAS involved and the 

predetermined environment within which they will operate. Due to the defined operational parameters there are 

no national security issues. Based upon the intent and specific language as provided in Section 333 of the Reform 

Act and the authority of the FAA, there exist a significant public benefit for granting this exemption.

The use of UAS technology to obtain imagery, information and data currently obtained by use of manned 

flight or manual methods: (1) reduces statistical risk to human life due to manned aircraft accidents and due to 

other dangerous activities that can be avoided (e.g.,1 scaffolding/rigging failures during stack); (2) reduces the 

cost of obtaining such information, which benefits consumers and the economy; (3) reduces environmental 

impact by eliminating sources of hydrocarbon emissions from manned aircraft; (4) preserve wildlife 

environments; and (5) increase the state and local economies via the introduction of new technological 

equipment utilized by start-up companies. The public as a whole will benefit from the safer and more costeffective aerial services that sUAS operations provide." 
Page 3 of 9

III Aircraft and Equivalent Level of Safety

CYA Data asserts that the exemption requested applies to civil aircraft (sUAS) described within this 

application. The enhanced safety (set forth in detail below) is coupled with a reduction in environmental impacts 

such as reduced emissions as compared to a full scale aircraft, less expensive personnel and equipment costs, and 

reduced noise. These limitations provide for at least an equivalent or even higher level of safety to operations 

under the current regulatory structure because the proposed operations represent a safety enhancement to the

already safe aerial video, photography and aerial data collections operations conducted with conventional 

aircraft. These limitations and conditions to which CYA Data agrees to be bound when

Conducting (1) commercial and industrial aerial imaging; (2) aerial surveying for data collection; (3) aerial 

photogrammetry, inspection and analysis; and (4) bridge, tower and structure inspections that provide the 

equivalent level of safety when conducting commercial operations under an FAA issued exemption include:

1. Operations limited to the DJI Phantom and DJI Inspire I series aircraft which weigh less than 55 pounds 

including payload.

2. Operations for the purpose of closed-set motion picture and television filming will not be conducted 

without an FAA approved Motion Picture and Television and Operations manual. The UA will not be operated at a 

speed exceeding 87 knots (100 miles per hour). 

3. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed 

recommended by the aircraft manufacturer. 

3. Maximum total flight time for each operational flight will be 45 minutes. Flights will be terminated at 25%

battery power reserve should that occur prior to the 45 minute limit. 

5. The UA will be operated at an altitude of no more than 400 feet above ground level (AGL). Altitudes will 

be reported in feet AGL. 

6. The UA will be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to 

be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAAissued airman medical certificate or U.S. driver's license. All operations will utilize a visual observer (VO). The UA 

will be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able to 

communicate verbally at all times. Electronic messaging or texting will not be permitted during flight operations. 

The PIC will be designated before the flight and will not transfer his or her designation for the duration of the 

flight. The PIC will ensure that the VO can perform the duties required of the VO. 

8. All documents needed to operate the UAS and conduct its operations in accordance with the conditions 

and limitations in a grant of exemption (hereinafter referred to as the operating documents) will be accessible 

during UAS operations and made available to the Administrator upon request.

9. The UA will operate only in predetermined private, controlled access or public property where approved 

and will do so with the property owner's consent and knowledge and that only people who have consented or 

otherwise have agreed will be in the area where aerial videography and photography will take place. All

permissions, authorizations, permits, grants or other required authorizations will be secured prior to operation.
Page 4 of 9

10. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g., replacement of a flight critical component, will undergo a functional test flight prior to 

conducting further operations. Functional test flights will only be conducted by a PIC with a VO and will remain at 

least 500 feet from other people. The functional test flight will be conducted in such a manner so as to not pose 

an undue hazard to persons and property.

11. CYA Data is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe 

operation in accordance with the manufacturer's requirements.

12. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a condition for 

safe flight. The pre-flight inspection will account for all potential discrepancies, e.g., inoperable components, 

items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft 

will not be operated until the necessary maintenance has been performed and the UAS is found to be in a

condition for safe flight. 

13. CYA Data will follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life 

limit requirements for the aircraft and aircraft components. 

14. Each UAS operated under the exemption will comply with all manufacturer safety bulletins.

15. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. 

The IC will also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the 

District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the 

flight review requirements specified in 14 CFR $ 61.56 in an aircraft in which the PIC is rated on his or her pilot 

certificate.

16. CYA Data will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC

qualification flight hours and currency will be logged in a manner consistent with 14 CFR $ 61.51(b). Flights for

the purposes of training the operator's PICs and VOs (training, proficiency, and experience-building) and

determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be operated 

under the terms of the exemption in accordance with the Phantom Pilot Training Guide prior to conducting 

conventional operations. Training operations will only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for flight operations are considered 

nonparticipants, and the PIC will operate the UA with appropriate distance from nonparticipants in accordance 

with 14 CFR $ 91.119.

17. UAS operations will not be conducted during night, as defined in 14 CFR $ 1.1. All operations will be 

conducted under visual meteorological conditions (VMC).

18. The UA will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the 

current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport 

symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that 

airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of 

agreement with the airport management will be made available to the Administrator or any law enforcement 

official upon request.
Page 5 of 9

19. The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or 

when visibility is less than 3 statute miles from the PIC.

20. If the UA loses communications or loses its GPS signal, the UA will return to a predetermined location

within the private, controlled access or public property.

21. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

22. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough 

available power for the UA to conduct the intended operation and to operate after that for at least five minutes 

or with the reserve power recommended by the manufacturer if greater.

23. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be 

conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or amended COA if 

it intends to conduct operations that cannot be conducted under the terms of the granted COA.

24. All aircraft operated in accordance with the proposed exemption will be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N Number) markings in accordance with 14 

CFR part 45, Subpart C. Markings will be as large as practicable.

25. Documents used by CYA Data to ensure the safe operation and flight of the UA and any documents 

required under 14 CFR $ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any 

time the aircraft is operating. These documents will be made available to the Administrator or any law 

enforcement official upon request.

26. The UA will remain clear and give way to all manned aviation operations and activities at all times.

27. The UA will not be operated by the PIC from any moving device or vehicle.

28. All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator will ensure that nonparticipating 

persons remain under such protection. If a situation arises where nonparticipating persons leave such protection 

and are within 500 feet of the UA, flight operations will cease immediately in a manner ensuring the safety of 

nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, 

operator trainees or essential persons will not be considered nonparticipating persons under a proposed 

exemption.

29. All operations will be conducted over private, controlled-access or public property with permission from 

the property owner/controller or authorized representative. Permission from property owner/controller or 

authorized representative will be obtained for each flight to be conducted.

30. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS-80) 

within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
Page 6 of 9

3l. If the exemption permits operations for the purpose of closed-set motion picture and television filming 

and production, CYA Data: a. Must have a motion picture and television operations manual (MPTOM) as 

approved by the Federal Aviation Administration. b. At least 3 days before aerial filming, the operator of the UAS 

affected by the proposed exemption must submit a written Plan of Activities to the local Flight Standards District 

Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day notification may be waived with the 

concurrence of the FSDO. The plan of activities must include at least the following: i. Dates and times for all 

flights; ii. Name and phone number of the operator for the UAS aerial filming conducted under this grant of 

exemption; iii. Name and phone number of the person responsible for the on scene operation of the UAS; iv. 

Make, model, and serial or N-Number of UAS to be used; v. Name and certificate number of UAS PICs involved in 

the aerial filming; vi. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct the filming production event; the list of those who gave permission must be made available to 

the inspector upon request; vii. Signature of exemption holder or representative; and viii. A description of the 

flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be 

conducted and the altitudes essential to accomplish the operation.

32. Flight operations may be conducted closer than 500 feet from participating persons consenting to be 

involved and necessary for the filming production, as specified in the operator MPTOM.

IV. Regulations from which the exemption is requested

14 C.F.R. Pafi2l, Subpart H: Airworthiness Certificates 14 C.F.R. $91.203 (a) (l)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR $91.203 (a) (1). The Federal Aviation Act (49 U.S.C.$44701 (0) 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 particular UAS. 

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design 

approvals, production approvals, airworthiness certificates, and airworthiness approvals.

Part 27 sets forth airworthiness standards for normal category rotorcraft.

14 C.F.R. $61.23 (a) & (c) prescribes, in pertinent part Operations requiring a medical certificate and 

holding and possessing either a medical certificate issued under part 67 of this chapter or a U.S. driver's license 

under certain conditions.

14 C.F.R. $61.101 (a) & (b) prescribes in pertinent part the prohibition of a recreational pilot acting as a 

PIC for compensation or hire and in furtherance of a business

14 C.F.R. $61.113 (a) & (b) prescribes in pertinent part the prohibition that 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 of an aircraft.

14 C.F.R. $61.315 (a): $61.315 prescribes in pertinent part the privileges and limits of a sport pilot 

certificate.
Page 7 of 9

14 C.F.R. $ 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in 

an airworthy condition,

14 C.F.R. $ 91.9 (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 any combination thereof. 

14 C.F.R. $ 91.103(b) states, in pertinent part, that each pilot in command shall, before beginning a flight, 

become familiar with all available information concerning that flight, to include, "For any flight, runway lengths at 

airports of intended use, and the following takeoff and landing distance information;... 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."

14 C.F.R. $ 91.109(a) provides 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(c) prescribes that, except when necessary for takeoff or landing, no person may operate 

an aircraft below the following altitudes: "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. "

14 C.F.R. $ 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising 

altitude by references to an altimeter that is set “to the elevation of the departure airport or an appropriate 

altimeter setting available before departure."

14 C.F.R. $ 91.151(a) prescribes that 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 intended 

landing and, assuming normal cruising speed, (l) during the day, to fly after that for at least 30 minutes; or (2) at 

night, to fly after that for at least 45 minutes.

14 C.F.R. I 91.203 prohibits, in subpart (a), any person from operating 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 prescribes, in subpart (b), that no person may operate a civil aircraft 

unless an airworthiness certificate or a special flight authorization issued under $ 91.715 legible to passengers or 

crew is displayed at the cabin or cockpit entrance.

14 C.F.R. $ 91.405 (a) requires, in pertinent part, hat an aircraft operator or owner shall have the aircraft 

inspected as prescribed in subpart E of the same part and shall, between required inspections, except as provided 

in paragraph (c) of the same section, have discrepancies repaired as prescribed in Part 43 of the chapter.

14 C.F.R. $ 9l.407 (a)(1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventative maintenance, rebuilding, or alteration unless it has been approved for 

return to service by a person authorized under g 43.7 of the same chapter.

14 C.F.R. $ 91.409 (a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, 

within the preceding 12 calendar months, It has had an inspection for the issuance of an airworthiness certificate 

in accordance with part 21 of this chapter.
Page 8 of 9

14 C.F.R. $ 91.417 (a) and (b)

These regulations require that an aircraft operator or owner “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...," and others shall inspect or 

maintain the aircraft in compliance with Part 43.

14 C.F.R. $ 45.23 (b) Marking of the Aircraft

The regulation requires: When marks 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 than2 inches nor more than 6 inches high, the words 'limited," "restricted," "light-sport," 

"experimental," or "provisional," as applicable.

Even though the sUASs will have no airworthiness certificate, an exemption may be needed as the UAS will have

no entrance to the cabin, cockpit or pilot station on which the "Experimental" can be placed. Given the size of the 

sUAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the frame in compliance 

with $45.29 (f) at a size suitable for the available space. The equivalent level of safety will be provided by having 

the sUAS marked on its fuselage as required by $45.29 (f) where the pilot, observer and others working with the 

sUAV will see the identification of the UAS as "Experimental.” The FAA has issued the following exemptions to 

this regulation, Exemptions Nos. 10700, 8738, 10167 and l0l67A.

V. Unnecessary to Publish Request for Exemption in the Federal Register

The Administrator has stated that it may:

" . . . Issue a summary grant when it finds it has already granted a previous exemption similar to the new request. 

Summary grants are far more efficient because they don't need to repeat the analysis performed for the original 

exemption on which they are based. Summary grants are a tool the FAA can use in all exemption areas, not just 

UAS. 

The FAA's experience in reviewing the Section 333 petitions shows they generally fall into two categories: 

film/television production and aerial data collection. Most exemptions in these categories will likely be handled 

through the summary grant process. For unique requests, the agency will still publish the petition in the Federal 

Register for public comment and will conduct a detailed analysis." 

Federal Aviation Administration (2015). Petition for Exemption or Rulemaking Relieved March 8, 2015, from:

http://www.faa.gov/regulations policies/rulemaking/petition/#exemptions

It is the position of CYA Data that this request for exemption is similar in all material respects to relief previously 

requested in Grant of Exemption Nos. 1162, 11109, 11110, 11112, 11158, 11160, 11171, 11189, 11213, 11277 

and that the reasons for granting the request also apply to the present situation and a grant of exemption is in 

the public interest. Therefore, CYA Data requests the Administrator issue a summary grant of exemption in the 

instant request.

VI. Summary Language if Necessary to Publish Request for Exemption in the Federal Register
Page 9 of 9

Should the Administrator determine that this Request for Exemption must be published in the Federal Register;

CYA Data provides the following summary for the publication:

Applicant seeks an exemption from the following rules:

14 C.F.R. $21, subpart H; 14 C.F.R 45.23(b); 14 C.F.R 61.23(a) and (c); 14 CFR 61.101(e)(4) and (5); 14 C.F.R. $$ 

61.113( a) and (b); 14 CFR 61.315(a); 14 C.F.R. 91.7 (a);14 C.F.R. 91.9 (b) (2); A C.F.R. 91.103(b); 14 C.F.R. 91.109; 

14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) and (b); 14 C.F.R. 91.405 (a); 14 C.F.R. 

91.407 (a) (1); 14 C.F.R. 91.409 (a) (2); and 14 C.F.R. 91.417 (a) & (b) for the purpose of conducting (1) commercial 

and industrial aerial imaging; (2) aerial for data collection; (3) aerial photogrammetry, inspection and analysis; 

and (4) bridge, tower and structure inspections in pre-planned, controlled access property, private and public 

areas commercially utilizing a small unmanned vehicle (55lbs or less).

Sincerely,

Duane L. Nickel

CYA Data, LLC