Reed Smith 

Courtney R. Bateman 

Direct Phone: + 1 202 414 9265 

Email: CBateman@ reedsmith.com 

February 24, 2015 

U.S. Department of Transportation Docket 

Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Reed Smith LLP 

1301 K Street, N.W. 

Suite 1100- East Tower 

Washington, D.C. 20005-3373 

Tel +1 202 414 9200 

Fax +1 202 414 9299 

reedsmith.com 

Re: SkySpecs Request for Exemption from Certain Regulations per Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11 , SkySpecs hereby applies for an exemption from the listed Federal Aviation 

Regulations (''PARs") to allow business use (commercial operation) of its sUASs, so long as such 

operations are conducted within and under the conditions outlined herein or as may be established by 

the FAA as required by Section 333.1 

I. INTRODUCTION 

SkySpecs is an Ann Arbor, Michigan based company born from research out of the University of 

Michigan College of Engineering. The team's combined expertise in robotics enabled them to develop 

sense-and-avoid technology for Small Unmanned Aircraft Systems (sUAS). SkySpecs is founded on 

demonstrated success in autonomously navigating previously unmapped, uninhabited "disaster zones" 

through the AUVSI International Aerial Robotics Competition, AUVSI RoboBoat Competition, and 

DARPA MAGIC competition. SkySpecs has designed its commercial system with a pilot in-the-loop 

to empower them to become more confident and safe in operations near structures and other obstacles. 

SkySpecs intends to operate sUAS to conduct visual inspection of vertical structures. The sUASs will 

be equipped to conduct aerial photography, multi-spectral imaging and 30 laser scanning for the 

purpose of structural and/or conditional assessment of large wind turbines, monopole towers and 

blades, high voltage electrical transmission monopoles and towers, tall communication monopoles and 

towers, and flare stacks. 

SkySpecs has developed a proprietary near-field collision detection and avoidance system called 

'Guardian'. The only sUAS(s) that SkySpecs plans to operate will be equipped with fully-functioning 

1 For consistency and ease of FAA review, SkySpecs' request generally tracks, in format and content, the initial requests for 

exemption filed by various film industry sUAS operators. SkySpecs gratefully acknowledges their work in this regard. 

NEW YORK t LONDON + HONG KONG • CHICAGO • WASHINGTON, D.C. • BEIJING • PARIS t LOS ANGELES t SAN FRANCISCO t PHILADELPHIA t SHANGHAI t PITTSBURGH t HOUSTON 

SINGAPORE t MUNICH tABU DHABI t PRINCETON • NORTHERN VIRGINIA • WILMINGTON t SILICON VALLEY t DUBAI t CENTURY CITY t RICHMOND t ATHENS t KAZAKHSTAN 

US_ACTIVE·121126703.1·CRBATEMA 02/2412015 2:27 PM 
February 24, 2015 

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Reed Smith 

Guardian systems. Once equipped and operational, Guardian will enable any sUAS to be 

knowledgeable of its surroundings and will automatically override pilot input and slow movement 

toward an obstacle, eventually corning to a complete stop at a safe distance. This distance is known as 

the "threshold distance," which is adjustable before every flight, until the pilot inputs a command that 

would direct the vehicle away from the threshold, reclaiming full control. 

Guardian remains a fully-aware, yet passive, system for the duration of the flight when the pilot does 

not direct the vehicle to penetrate the threshold distance. Guardian renders any outfitted sUAS unable 

to fly within the threshold distance, even under the event that a wind gust pushes it toward the 

obstacle. This technology allows the pilot to fly close to a target structure removing the risk and 

associated danger of getting too close, while also decreasing the public's perceived risk of sUAS flight. 

Contact: 

SkySpecs, Inc 

Attn: Daniel Ellis, CEO Ph: 269.599.1360 

Email: danny@skyspecs.com 

Address: 

SkySpecs, Inc. 

330 East Liberty, Lower Level 

Ann Arbor, MI48104 

Specific Regulations from which the exemption is requested:2 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7(a) 

14 CFR 91.1 19(b) & (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (1) & (2) 

14 CFR 417 (a) & (b) 

It is obvious that Congress' goal in passing Section 333(a) through (c) of the Reform Act was to 

provide, in that legislation, a mechanism for such exemption requests. Through these Section 333 

exemption provisions, Congress has directed the Secretary of Transportation to fairly consider whether 

2 Sky Specs intends to comply with 14 C.F.R. 91.9(b) and I 4 CFR 9 1.203(a) and (b) in accordance with the FAA Chief 

Counsel's August 8, 20 14 Memorandum, "Interpretation regarding whether certain required documents may be kept at an 

unmanned aircraft's control station." 
February 24, 2015 

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certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. 

In making this determination, the Secretary is required to determine which types of UASs do not 

create a significant hazard to users of the NAS, or the public, or pose a threat to national security in 

light of the following: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act§ 333 (a): Lastly, if the Secretary determines that such vehicles "may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system." !d. §333(c) (emphasis added). 

Moreover, the Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

finds the exemption in the public interest. 49 U.S.C. §4470 l (f) See also 49 USC §4471 1 (a); 49 USC 

§44704; 14 CFR §91.203 (a) (1). 

II. SKYSPECS' PROPOSED OPERATIONS DO NOT CREATE SIGNIFICANT HAZARDS 

The sUAS's utilized by SkySpecs are electric multi-rotor craft, weighing less than 12lbs. including 

payload. They operate at a speed of no more than 22 knots and have the capability to hover, and/or 

move in a vertical and horizontal plane simultaneously. They will only be operated as visual line of 

sight (VLOS), and remain under 400ft. in elevation above ground, and will operate only with 

permission of the owners of the facilities being inspected (Wind Farm Operators, Electrical Utilities, 

Telecommunication Facilities Owners, or Flare Stack Owners). 

Additionally, the proposed operations involve aerial inspection of unoccupied structures, generally 

built upon right of ways with adequate buffer to protect the public from physical harm or invasion of 

privacy during inspection operations. For example, most utility structures are in the middle of a right 

of way that is between 150-200 ft wide. SkySpecs' operations would remain within that right of way. 

Virtually all facilities being inspected are also generally remote and on land that is owned and 

exclusively operated by the utility company or structure owner. 

During normal operations the site will be secured of any bystanders the same way the site is secured 

during an inspection and the inspectors wiJl be the only people on site. They are equipped with 

hardhats, steel toed boots, and inspection equipment. SkySpecs' operations would remain vertically 

within the structure's footprint. Moreover, the facility's towers and land are already subject to 

obstruction marking, lighting and notification requirements set forth by the FAA, by which SkySpecs 

and its technology are prepared and able to abide. Similarly, telecommunications towers are 
February 24, 2015 

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Reed Smith 

generally some distance from dwellings, and even those that are not are generally sited within a right 

of way, and SkySpecs' operations would remain within that right of way. 

Moreover, as noted above, SkySpecs has developed a proprietary near-field collision detection and 

avoidance system called 'Guardian,' which establishes a threshold distance the sUAS will operate 

from the target structure. This technology allows the pilot to fly dose to a target structure, while 

removing the risk and associated danger of getting too close, and also decreasing the public's 

perceived risk of sUAS flight. 

SkySpecs has drafted, and submits confidentially, a Flight Operations Manual which discusses safety 

considerations, training and general operating procedures for the proposed operations. SkySpecs has 

also drafted, and submits confidentially, an sUAS Aircraft Flight Manual which sets for the 

specifications, inspection and setup of the sUAS intended for use in the proposed operations. 

ill. SKYSPECS' PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST 

By the clear language of Section 333, SkySpec's proposed operations are in the public interest 

because they advance Congress's explicit goal of getting commercial sUAS flying in the United 

States safely and soon. SkySpec's operations are exactly the "dull, dirty [and] dangerous" operations 

which the FAA has recognized as perfectly suited for UAS operations. See, e.g., statement of Jim 

Williams, Manager, FAA UAS Integration Office, contained transcript of "FAA UAS Online 

Listening Session, April 3, 2013," ("[I]nspecting high-tension wire electrical towers all over the 

United States [is] high-risk operations, which are well suited for a UAS."). 

Current alternatives utilized for these inspections and/or assessments include: ground based 

inspections (limited in effectiveness); access with high reach man lifts (limited in elevations that can 

be reached); physical climbing of the poles/towers; and inspections or assessments conducted from 

conventional aircraft (primarily helicopters). All are dangerous compared to the safer use of a sUAS 

as proposed by SkySpecs. 

A 2009 "Safety Guide for Helicopter Operations" published by the Utilities, Patrol and Construction 

Committee of Helicopter Association International stated that "between 1979 and May 2007 there 

were 25 helicopter accidents with 43 fatalities conducting utility work in the US. Generally ... a 

collision with wires while conducting these operations will result in fatalities and/or serious injuries 

to the crews and total loss of the aircraft. "3 

3 See, "UPAC Safety Guide for Helicopter Operators," found online at 

hllp://www .rotor.eom/ Ahout HAJ/Comm i ttees/Ut i li tiesPat rolanclConstruction .aspx. 
February 24, 201 5 

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The AFL-CIO reviewed OSHA statistics regarding aerial lift accidents between 1992 and 1999 and 

concluded that an average of 26 construction workers die each year from using aerial lifts, with the 

majority of deaths resulting from electrocutions and falls.4 

A 2011 newspaper article regarding wind and solar-powered installations noted 78 wind-turbine 

related fatalities since the 1970s.5 Similarly, an investigation of the telecommunications tower 

industry found that, between 2003 and 2010, the average fatality rate for the tower industry was more 

than 10 times greater than the construction industry, with 13 worker deaths in 2013 alone.6 

SkySpecs strongly believes that allowing it to conduct these types of operations using an sUAS would 

substantially reduce the injuries and fatalities which have resulted from existing methods of inspection. 

SkySpecs believes that this reduction in injuries and fatalities demonstrates both that the operations 

substantially exceed the equivalent level of safety found in the FARs, and that granting this exemption is 

in the public interest. 49 USC 44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 

(a) ( I). 

Accordingly, SkySpecs respectfully requests that the FAA grant the requested exemption without 

delay. 

IV. EQUIVALENT LEVEL OF SAFETY 

SkySpecs proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and operate with the limitations listed herein. These limitations, as listed below, provide 

for at least an equivalent or even higher level of safety to operations under the current regulatory 

structure. 

These limitations and conditions to which SkySpecs agrees to be bound when conducting commercial 

operations under an FAA issued exemption include: 

The sUAS utilized by SkySpecs will weigh less than 12 1bs. 

Flights will be operated within visual line of sight (VLOS) of a pilot in constant control of the craft. 

4 Sec, "Deaths from Aerial Lifts." found online at 

http://www.clcosh.org/documenc/ 1417 /d000484/Dcaths%2BFromlk2BAcriai%2B Li th.html'!show text= I . 

5 "More Accidents Feared as Wind, Solar-Powered InstaJlations Spread," 8. 14. 11 Los Angeles Times article , found online at 

htrp://www. tolcdohl adc.com/Encrgy/20 I I /08/ 14/Morc-accidcnts-feared-as-wi nd-solar-power-i nstallat ions-spread.ht mi. 

6 "Cell Tower Worker Fatalities Continue: More than a Dozen Deaths since 20 12," I .16. 14 article found online at 

http:/ /scic ncchlogs.com/thcpurnphand lc/20 14/0 I I 16/ce ll-towcr-workcr-fata l it ics-cont in uc-morc-than-a-dozcn-dcaths-si nce20 12/. 
February 24, 2015 

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Maximum total flight time for each operational flight will be approximately 25 minutes. Flights will be 

safely landed when the battery falls below its nominal voltage should that occur prior to the 25 minute 

limit. SkySpecs has developed a multispectral killswitch that is able to safely bring the UAS to the 

ground in the event of a failure, inducting loss of communication with the primary controller, motor 

failure, or battery failure. 

V. EXEMPTIONS REQUESTED 

14 C.F.R. §61.113(a) and (b): Private vs. Commercial Pilot Certificates 

Sections 61.113(a) and (b) prohibit private pilots from operating an aircraft for compensation or hire. 

SkySpecs proposes that its pilots will have at least a private pilot's certificate, and a Class II medical. 

Its operations will be conducted over private property, in a sterile area as reflected in SkySpecs' Flight 

Operations Manual. For the reasons set forth in the FAA's grant of an exemption to Astraeus Aerial, 

SkySpecs does not believe a commercial pilot certificate is necessary for the operations it intends to 

conduct. See, e.g., In the matter of the petition of Astraeus Aerial, Exemption No. 11062 (issued Sept. 

25, 2014). For those reasons, SkySpecs requests an exemption from 14 C.F.R. §61.113(a) and (b). 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness 

Section 91.7 prohibits operation of an unairworthy aircraft, and places responsibility for airworthiness 

determinations on the pilot in command. The sUAS will not have an airworthiness certificate, and 

there is no FAA regulatory standard for determining airworthiness of the sUAS. Additionally, 

SkySpecs' operating documents set forth inspection and maintenance procedures to ensure 

airworthiness. For these reasons, and in accordance with the FAA's grant of an exemption from 91.7 

to Total Safety U.S., Inc .• SkySpecs requests an exemption from 14 CFR. §91.7(a). See, e.g., In the 

matter of the petition of Total Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015). 

14 C.F.R. §91.119(b) and (c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(b) prohibits 

aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal 

radius of 2,000 feet of the aircraft. To the extent that the structures that SkySpecs would be inspecting 

are considered to be in "congested areas,"7 SkySpecs' operational procedures, and the size, weight and 

speed of the sUAS, provide an equivalent level of safety such that operations at lower altitudes should 

be allowed. 

7 The FAA Office of the Chief Counsel has indicated that whether an area is "congested" is determined on a case-by-case 

basis. See, e.g., June 18, 2012, Memorandum from Rebecca B. MacPherson, Assistant Chief Counsel for Regulations, to 

James E. Gardner, Manager, Flight Standards Division, re "To what extent an operator can make a congested area 

uncongested." 
February 24, 2015 

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As described in its Flight Operations Manual, SkySpecs will establish a 500' buffer/sterile area for its 

operations that will exclude personnel not associated with the operations. SkySpecs will also exercise 

additional control over the sterile area as needed, as set forth in the Manual. Consequently, SkySpecs 

believes these procedures will reduce or eliminate any potential adverse impacts to safety for operations 

in congested areas. SkyS.pecs therefore requests an exemption from 14 CFR § 91.119(b). 

Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the smface, 

or closer than 500 feet to any person, vessel, vehicle or structure. As this exemption is for an sUAS that 

flies similarly to a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, 

an exemption may be needed to allow such operations. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the 

location where it is operated. As discussed above, SkySpecs' Flight Operations Manual provides for 

establishment of a sterile area, included safety buffers of 500 feet for personnel not associated with the 

operation. A 100 foot safety buffer will be in place for authorized personnel associated with the 

operation, unless the PIC determines a reduced buffer is essential to the current operation. SkySpecs 

therefore requests an exemption from Section 91.119( c) for all authorized personnel associated with 

the operation. 

14 C.F.R. §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. 

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning "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- (1) 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." 

Maximum total flight time for each operational flight will be approximately 25 minutes. Flights will 

be safely landed when the battery falls below its nominal voltage, should that occur prior to the 25 

minute limit. The DJI S900 sUAS has Low Voltage Protection which alerts when the battery reaches 

pre-set levels. SkySpecs believes that an equivalent level of safety can be achieved by setting the Low 

Voltage Protection to alert when the aircraft battery reaches its nominal voltage of 22.2 volts. This 

restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere 

in its limited operating area. 
February 24, 2015 

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Reed Smith 

In addition, SkySpecs has developed a multispectral killswitch that is able to safely bring the UAS to 

the ground in the event of a failure, including loss of communication with the primary controller, 

motor failure, or battery fai lure. For these reasons, SkySpecs requests an exemption from 14 C.F.R. 

§91.15l(a). 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 

and 10808. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417(a) & (b): Maintenance Inspections 

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. 

As provided in SkySpecs' Operations Manual, the operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance and inspections, and keep a log of any 

maintenance performed. 

VI. REGULATIONS FOR WIDCH EXEMPTIONS ARE UNNECESSARY 

The Federal Aviation Administration just issued a number of exemptions for UAS operations in filming 

of movies. In those exemptions, the agency noted that exemptions from certain regulations were not 

necessary, due to "the size, weight, speed and limited operating area associated with [the UASs] and its 

operation." 

Based upon the FAA's guidance, and the fact that SkySpecs' UAS is even smaller and slower than those 

proposed by the film-making industry, SkySpecs believes exemptions from the following regulations are 

not necessary: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

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

14 C.F.R. §9 1.7(b): Civil aircraft airworthiness. 

14 C.F.R. §91.109: Flight instruction. 

SkySpecs also believes that an exemption from 14 C.F.R. §91 .1 03: Preflight Action, is not necessary. 

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. An FAA approved rotorcraft flight manual will not be provided for the aircraft. An 

equivalent level of safety will be provided as set forth in the operating documents submitted as part 

of this request. 

The FAA has previously found that adherence to procedures contained in an applicant's operating 

documents demonstrate compliance with §91.1 03, and therefore an exemption from the regulation 
February 24, 2015 

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Reed Smith 

wa<; not necessary. See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption No. 

J 11 56 (issued Jan. 29, 2015). 

As detailed in its operating documents, SkySpecs' PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff clearance distances and aircraft performance 

data before initiation of fl]ght to ensure the safety of the flight. Consequently, in light of the 

agency's prior finding in Total Safety U.S., Inc., SkySpecs does not believe an exemption from 14 

C.F.R. §91.103 is necessary. 

Pursuant to 14 C.F.R. Part ll, the following summary is provided for pub I ication in the Federal 

Register, should it be determined that publication is needed: 

SkySpecs seeks an exemption from the following rules: 

14 C.P.R. §61.113(a) and (b); 91.7 (a); 91.119(b) and (c); 91.121; 91.l5l(a); 91.405 

(a); 91.407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to operate 

commercially a srnalJ unmanned vehicle (12 lbs or less) for the purpose of conducting 

structural and conditional assessments on high voltage electrical transmission monopoles and 

towers, tall communication monopoles and towers, large wind turbine monopole towers and 

blades, and flare stacks. 

Approval of exemptions allowing commercial operations of sUASs for these applications will 

enhance safety by reducing risk. Conventional means for performing these assessments require 

either physically climbing the poles or towers, using ropes to rappel down the tower from the 

top of the tower, using high-reach man lifts to access the towers (limited reach), or using 

conventional helicopters operating at extremely low altitudes over the subject structure being 

photographed. These conventional means all pose risks to persons and property. 

In contrast, a sUAS weighing fewer than 12lbs. and powered by batteries, eliminates virtually 

all of that risk given the reduced mass and lack of combustible fuel carried on board. The 

sUAS is carried to the project site and not flown. The sUAS will carry no passengers or crew 

and, therefore, will not expose them to the risks associated with manned aircraft flights, 

ground-based aerial lift (bucket truck) operations, or manual climbing and inspection 

operations. 

The operation of small UASs, weighing less than 12lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting SkySpecs from the requjrements of Part 21 

and allowing commercial operations. These lightweight aircraft operate at slow speeds, close 

to the ground, and in a low population environment and, as a result, are far safer than 

conventional alternatives. 
February 24, 20 15 

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Privacy 

Reed Smith 

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 --size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security - provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of SkySpecs' sUAS in the inspection of electrical, 

telecommunication wind energy and flare stack structures pursuant to the Manual appended hereto. 

Sincerely, 

Cou R. Bateman 

Reed Smith LLP 

Counsel for SkySpecs 

/Signed/ 

John McGraw 

John McGraw Aerospace Consulting 

Consultant to SkySpecs 

CRB:lsj