### 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

su rveying for data collection; (3) aerial photogrammetry, inspection and analysis; and (4) tower and structure inspections. CYA Data is owner of Small Unmanned Aircraft Syst ems ["sUASs"]. These sUASs are e quipped with video, photographic, and imaging equipme nt for the purpose of collecting data for use by c ommercial 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 3 33 of the FAA Modernization and Reform
Act of 2012 (t he 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 limit ed 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 pho tography will take place.
All permissions, authorizations, perm its, 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)

commerc ial and in dustrial aerial imaging; (2) aeri al surveying for data collection; (3) aerial photogrammetry, inspect ion and analysis; and (4 ) tower and structure inspections. This in tum fulfills the Secretary of Transportation's (the FAA Administrator's) respo nsibilities 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. 2 nd Cir. N. Goddard, KS 67052

- 8709Page 2 of 9

I. FAA authority for granting exemptions

Section 333 (a) through (c) of the Reform Act required the Secretary of Transportation ". . . . to
d etermine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by se ction 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 securi ty; 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 thi s 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 wh ole

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 i nterest.

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 t he 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 au thority 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) r educes 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 co mpanies. The public as a whole will benefit from the safer and more cost

effective aerial services that sUAS operations provide."Page 3 of 9 III Aircraft and Equivalent Level of S afety

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
reduce d 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 a nd 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) a erial 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 Phant om 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 Oper ations 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 FAA

issued airman medical certificate or U.S. driver's license. A ll 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 t he 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 . A ll 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 o f a flight critical component, will undergo a functional te st flight prior to conducting fu rther 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 w ill 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 r equirements.

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 eq uipment. 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, Puer to 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 PI C 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 e xemption, including evasive and

em ergency maneuvers and maintaining appropriate distances from persons, vesse ls, 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
det ermining 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 operati ons 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 d istance from nonpart icipants in accordance
with 14 C FR $ 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 opera te 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 cha rt, unless a letter of agreement with that airport's management is obtained or other wi se 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 enforceme nt 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 i ts GPS signa l, 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. A ir Traffic O rganization (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 und er 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 do cuments required under 14 CFR $ 91.9 and 91.203 will be available to the PIC at the Ground Control St ation 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 al l 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 immediate ly 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 operatin g clos er to th ose 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 p rivate, 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 exemptio n permits operations for the pur pose of closed

- set motion picture and television filming and production, CYA Data : a. Mu st 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 Activit ies to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notificatio n may be waived with the

concurr ence 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, co unty, 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 filmin g 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 pro cedural 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

ai rworthiness 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 changin g design approvals, production approvals, airworthiness certificates, and airworthiness approvals.

Part 2 7 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 recreationa l 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 par t 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.

1 4 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 i n 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 fl ight, become familiar with all available information concerning that flight, to include, "For any flight, runway lengths at airports of intended use, and the following take o ff 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 ball oon) 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 altitude s: "Ov er other than congested ar eas. An altitude of 500 feet above the surface, except over open wa ter or sparsely populated ar eas. 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 sp eed, (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 appropr iate 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 9 1.203 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, ha ve 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 certi ficate 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 sub part 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 c apital letter "N" and the regist ration 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 lett ering will be impossible. The word "Experimental" will be placed on the frame in compliance with $45.29 (f) at a size su itable for the available space. The equivalent level of safety will be provided by having
the sUAS marked o n its fuselage as required by $4 5.29 (f) where the pilot, observer and others working with the
sUAV will see the identificati on of the UAS as "Experi mental.” The FAA has issued the following exemptions to this regulation, Exemptions Nos. 10700, 8738, 10167 and l0l67A.

V. Un n ecessary to Publish Request for Exemption in the Federal Register

The Administrator has stated that it may:
" . . . Issue a su m mary 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 gra nts 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 thes e 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 prev iously 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 reque sts the Administrator issue a sum mary grant of exemption in the instant request.

VI. Summary Language if Necessary to Publish Request for Exemption in the Federal RegisterPage 9 of 9 Should the Administrator determine that this Request for Exemption must be published in the Federal Register;

CYA Data provides the following sum mary for the publication:

Applicant seeks an exemption from the following rules:

14 C.F.R. $ 21, subpart H; 14 C.F.R 4 5.23(b); 14 C.F. R 61.2 3(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); 1 4 C.F.R. 91.109; 14 C.F.R. 91.119; 1 4 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, inspe ction and analysis; and (4) bridge, tower and structure inspections in pre

- planned, controlled access property, private and public

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

Sincerely,

Duane L. Nickel CYA Data, LLC