April 20, 2015 

 Exemption No. 11399 

 Regulatory Docket No. FAA–2015–0147 

Mr. Philip A. K. Stiles, Esquire 

President and General Counsel 

GPS Development, LLC dba SkyViewHD 

275 Eagle Knob Pointe 

Lake Mary, FL 32746 

Dear Mr. Stiles: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated January 19, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of GPS Development, LLC dba SkyViewHD (hereinafter petitioner or operator) for 

an exemption. The exemption would allow the petitioner to operate an unmanned aircraft 

system (UAS) to conduct aerial videography and photography for real estate services. 

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner. 

Airworthiness Certification 

The UAS proposed by the petitioner is a DJI Phantom 2. 
2 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest. 

Having reviewed your reasons for requesting an exemption, I find that— 

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213; 

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, GPS Development, LLC dba SkyViewHD is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed below. 
3 

Conditions and Limitations 

In this grant of exemption, GPS Development, LLC dba SkyViewHD is hereafter referred to 

as the operator. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5. The UA must 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. 

6. All operations must utilize a visual observer (VO). The UA must 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 must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC must 

be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
4 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS−80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

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

or flight characteristics, e.g. replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must 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 is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must 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. 
5 

14. The operator may 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 this exemption, including evasive and emergency maneuvers and 

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

qualification flight hours and currency must 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 this exemption are permitted under the terms of this exemption. However, 

training operations may 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 must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may 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 must be made available 

to the Administrator or any law enforcement official upon request. 

17. The UA may 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. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning 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. 

21. 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 attached COA. 
6 

22. All aircraft operated in accordance with this exemption must 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 must 

be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement 

official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must 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 must 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 must 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 are not considered 

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access 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. 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must 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. 
7 

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply. 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

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: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N−Number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the aerial filming; 

f. 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; 

g. Signature of exemption holder or representative; and 

h. 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. 

31. 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 

exemption holder’s MPTOM. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

 
8 

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

 
GPS Development, LLC

d/b/a SkyViewHDTM

275 Eagle Knob Pointe

Lake Mary, FL 32746

January 19, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 

CFR 61.113 (a) & (b); 13 C.F.R. 61.133(a); 91.7 (a);91.9 (b) (2);91.103(b); 

91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 

91.409 (a) (2);91.417 (a) & (b).

Dear Sir(s)/Madam(s):

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

Act”) and 14 C.F.R. Part 11, GPS Development, LLC d/b/a SkyViewHDTM (“SkyViewHD”), the

operator of Small Ultralight Unmanned Aircraft - DJI Phantom 2 (“UA”), seeks an exemption 

from the Federal Aviation Regulations (“FARs”) as listed and discussed below.

SkyViewHD’s team has flown its UAs, for recreational purposes, for hundreds of hours

without incident. SkyViewHD’s UAs are equipped to take aerial videography and photography to 

enhance awareness for those individuals and companies unfamiliar with the geographical layout 

of certain areas and augment real estate listings and promote the use of certain real estate properties 

which provides an enhancement to academic research being performed in certain geographical 

areas (“purpose”).

SkyViewHD’s exemption request will permit the operation of comparatively inexpensive 

UAs in tightly controlled, predetermined and limited airspace. This airspace will include areas 

away from general public, airports, heliports and vehicular traffic for community videos, and 

1

SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
within property boundaries for real estate listing videos and photos. Currently, similar lightweight, 

remote controlled UAs are legally operated by unmonitored and untrained amateur hobbyists with 

no safety plan or controls in place to prevent catastrophic events. SkyViewHD has created (and 

attached) confidential and detailed safety protocols and controls (“SkyViewHD’s Confidential 

Protocols and Controls Exhibit”)1 to avoid and prevent public hazards as well as preventing the 

interference with manned aircraft which could cause a hazard or catastrophe. This acts to enhance 

safety protocols unique to SkyViewHD’s lightweight UAs being utilized specifically for real estate 

videography and photography. SkyViewHD records flight data and other information gained 

through permitted flight operations which may be shared with the FAA through any required FAA 

reports to assist with the development of future FAA protocols and safety regulations.

The use of SkyViewHD’s UAs for these purposes reduces the need to operate conventional 

aircraft, typically needed to perform these types of operations, provides an economic benefit to the 

business consumer as the SkyViewHD UAs provides higher quality imagery at a fraction of the 

cost of aerial videography and photography using conventional aircraft. These savings result in 

not only enhanced efficiency and productivity for the affected activities but added environmental 

and safety benefits to the public at large.

As described more fully below, SkyViewHD’s requested exemption would authorize 

commercial operations of aerial videography and photography, using SkyViewHD’s UAs, which 

will be operated under controlled conditions at an altitude of no greater than three hundred (300) 

feet AGL in airspace that is limited in scope and will have automated control features. 

SkyViewHD’s UAs will also be operated by an individual who has passed an FAA approved 

ground training exam. As outlined below, the airspace in which SkyViewHD’s UAs will operate

within will be disclosed to the FAA in advance to flight operation. Finally, SkyViewHD’s UAs 

will be used in lieu of comparatively hazardous operations now conducted with fixed wing and 

rotary conventional aircraft which should reassure the FAA that these operations will achieve at 

least an equivalent level or greater level of safety.

In the interest of economic efficiency and public safety, SkyViewHD hereby respectfully 

applies for an exemption from the listed FARs to allow commercial operations of SkyView’s UAs, 

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. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation’s (“Administrator”) responsibilities 

under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such 

aircraft systems in the national airspace system.”

1 See Exhibit “1” - SkyViewHD’s Confidential Protocols and Controls.

2

SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020

 
As discussed above and more fully described below, the requested exemption would permit 

the operation of small, unmanned and relatively inexpensive UAs under controlled conditions in 

airspace that is limited and predetermined. Approval of this exemption would thereby enhance 

safety and fulfill the Administrator responsibilities to “...establish requirements for the safe 

operation of such aircraft systems in the national airspace system.” Please see Section 333(c) of 

the Reform Act.

Additionally, the FAA has already granted a previous exemption which is essentially 

identical to the exemption being sought by SkyViewHD. Please see FAA Exemption No. 11138.

The name and address of the applicant is: 

GPS Development, LLC d/b/a SkyViewHD

Attn: Philip A. K. Stiles, Esquire

President and General Counsel

275 Eagle Knob Pointe

Lake Mary, FL 32746

Phone: 407-920-2020

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (b)

13 C.F.R. 61.133(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b)(2)

14 C.F.R. 91.103

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) & (b)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)

14 C.F.R. 91.409(a)(2)

14 C.F.R. 91.417(a) & (b)

3

SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether 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 UAs do not 

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

following:

• The UA’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 (“VLOS”) 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.” Id. §333(c) (emphasis added).2

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, that includes UAs, from the requirement that all civil aircraft must have a 

current airworthiness certificate.

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. §44701(f). See also 49 USC

§44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

SkyViewHD’s UAs are rotorcraft weighing less than five (5) pounds (2.26796 Kg)

including energy source(s), equipment and any payload. They operate, under normal conditions 

at a ground speed of no more than thirty (30) knots and have the capability to hover, and move in 

the vertical and horizontal plane simultaneously. The UAs will operate only in line of sight and 

within the area described in SkyViewHD’s Confidential Protocols and Controls Exhibit. Such 

operations will insure that the UA will “not create a hazard to users of the national airspace system 

or the public.”3

2 SkyViewHD interprets this provision to place the duty on the Administrator to not only process applications for 

exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UA, if it 

should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. 3 Reform Act Section 333 (b).

4

SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020

 
Given the small size of the UAs involved and the restricted environment within which they 

will operate, SkyViewHD falls squarely within that zone of safety (an equivalent level of safety) 

in which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

UAs to commence immediately. Also due to the size of the UAs and the restricted areas in which 

the relevant UAs will operate, approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UAs for aerial 

videography and photography operations, the grant of the requested exemptions is in the public 

interest. Additionally, there is economic efficiency created with the use of SkyViewHD’s UAs as 

the typical cost to perform aerial videography and photography with helicopters and airplanes 

heavily multiplies the cost to business consumers and government agencies, including law 

enforcement, for the services which are to be provided by SkyViewHD.

THE EXTENT AND BASIS OF THE RELIEF SOUGHT BY SKYVIEWHD

SkyViewHD submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 

331-334, seeking relief from any currently applicable FARs operating that presently prevents 

SkyViewHD from contemplated commercial video-graphic, photographic and other flight 

operations within the national airspace system. The Reform Act in Section 332 provides for such 

integration of civil unmanned aircraft systems into our national airspace system as it is in the 

public’s interest to do so. SkyViewHD’s ultralight weight UAs meet the definition of “small 

unmanned aircraft” as defined in Section 331 and therefore the integration of SkyViewHD’s 

ultralight weight UAs is expressly contemplated by the Reform Act. SkyViewHD would like to 

operate its ultralight weight UAs prior to the time period by which the Reform Act requires the 

FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable 

information for formal regulation that can be administered uniformly to all real estate related UA 

aerial videography and photography. The Reform Act guides the Administrator in determining the 

types of UAsthat may operate safely in our national airspace system. These considerations include:

weight, size, speed and overall capabilities of the UAs; whether the UAs will be operated near 

airports or heavily populated areas and; whether the UAs will be operated by line of sight.4 Each 

of these items is favorable to the grant of an exemption to SkyViewHD. SkyViewHD’s UAs utilize 

four (4) counter-rotating propellers for balance, control and stability. SkyViewHD’s UAs are

equipped with GPS and auto return safety technology. SkyViewHD’s UAs weigh less than five 

(5) pounds including camera and gimbal assembly.

4 112 P.L. 95 § 333 (a).

5

SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020

 
SkyViewHD puts safety first when considering any UA flight. SkyViewHD’s small UAs

are designed to hover in place via GPS and operate in less than a 24 knot (27 mph) wind. In order 

to increase safety plus stability and limit harm and financial loss of property, SkyViewHD will not 

fly its UAs in winds exceeding 15 knots (17 mph). SkyViewHD’s established safety systems 

include a GPS mode that allows its UAs to hover in place when radio controls are released. 

SkyViewHD’s UAs have three modes to choose from, SkyViewHD utilizes the Smart Mode5 for 

aerial videography and photography. This mode is the safest, most reliable and stable mode to 

prevent accidents and being a hazard to others. When pilot communication is lost, SkyViewHD’s 

UAs are designed to return then slowly descend to the point of takeoff. SkyViewHD does not 

operate its UAs near airports, hospitals, police heliports or news channel heliports. SkyViewHD 

does not operate its UAs in areas where general public is within fifty (50) to one hundred (100) 

yards depending on location, conditions and weather. SkyViewHD’s pilots and observers are 

constantly on alert for any manned aircraft and prepared to immediately abort and land the UA at 

the nearest and safest ground point in the event a manned aircraft approaches or the SkyViewHD 

pilot or observer suspects a manned aircraft may approach the operating area of a SkyViewHD 

UA. SkyViewHD’s UAs are capable of vertical and horizontal operations, and are flown only 

within my line of sight of the pilot. SkyViewHD’s UA flights generally last fifteen (15) minutes 

with an altitude under three hundred (300) and utilize battery power rather than combustible fuels.

SkyViewHD does not operate its UAs below the manufacturer’s recommended minimum charge 

levels for operation preferring to remain well within a safe operating range to insure adequate 

communication between radio control and the UAs to eliminate potential for crashes, loss of 

control or hazard. Fully charged reserve batteries are on hand with to insure replacement for a 

sufficiently safe level of operation. SkyViewHD operates very conservatively and does believe in 

taking risks that may cause a crash or that could create hazard to the public, property and manned 

aircraft. SkyViewHD’s pilots have logged numerous practice flights in order to simulate flights 

for future commercial use to gain familiarization with the characteristics of this specific UA’s

performance under different temperature and weather conditions. 

SkyViewHD is extremely cautious when operating of its UAs and will not “create a hazard 

to users of the national airspace system or the public.”6 Given the small size and weight of 

SkyViewHD’s UAs, they fall well within Congress’s contemplated safety zone when it 

promulgated the Reform Act and the corresponding directive to integrate UAs into the national 

airspace system. SkyViewHD’s UAs, utilized in hobby flight, has a demonstrable safety record 

and do not pose any threat to the general public or national security.

5 Smart Mode includes safe circle for operation, position hold, self-leveling, altitude command, GPS, return home

feature, and safety control to return home or land in the event of communication interruption between RC transmitter

and UAS. See Exhibit “1” – Phantom 2 User Manual. 6 112 P.L. 95 § 333 (b).

6

SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020

 
SKYVIEWHD’S REQUEST WILL BENEFIT THE PUBLIC AT LARGE

Aerial videography and photography for geographical awareness and for real estate 

marketing and promotion has been around for a long time through the use of manned fixed wing 

aircraft and helicopters. The challenge for smaller real estate companies and average landowners 

is that the expense related to manned videography and photography is cost prohibitive. Typically, 

only large businesses, large high end real estate companies and high net worth landowners are able 

to absorb such an enormous expense. This deprives non-luxury landowners and small revenue real 

estate companies from the enjoying the benefit of this valuable marketing and promotional tool. 

Manned aircraft pose a clear threat to the general public through potential catastrophic crashes that 

may occur. There are many documented events where a manned aircraft has crashed into 

populated areas with the size and combustibility of these manned aircraft causing large property 

damage, human injuries and loss of life. SkyViewHD’s UAs pose no such threat since size and 

lack of combustible fuel alleviates any of these potential threat to the public.

With the passage of the Reform Act, Congress has already proclaimed that it is in the 

public’s interest to integrate commercially flown UAs into the national airspace system. The grant 

of the exemption request by SkyViewHD furthers the public interest through academic and visual 

awareness of the geographical benefits of certain areas and by making this cost effective alternative 

available to small real estate companies and the average landowner. SkyViewHD’s ultralight UAs

are battery powered and create no emissions that may harm the environment. In the unlikely event 

of a SkyViewHD UA crash, the consequence is far less than a full size helicopter or fixed wing 

aircraft, which are heavy and contain combustible fuel, crashing and causing catastrophic 

devastation to the public.

The public’s interest is furthered as SkyViewHD minimizes ecological and crash threat by 

permitting aerial videography and photography captured through SkyViewHD’s battery operated 

ultralight UA’s. Permitting SkyViewHD to immediately fly within national air space furthers not 

only public safety but economic growth. Granting SkyViewHD’s exemption request substantially 

furthers the economic impact for any community and for companies looking to relocate or build 

in a certain community as well as individuals looking to relocate to a community for career 

advancement through academic and geographical awareness provided by SkyViewHD. In the end, 

the granting of this exemption to SkyViewHD will serve as a benefit and stimulus to any

community.

7

SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
SKYVIEWHD’S EXEMPTION WILL NOT ADVERSELY AFFECT

SAFETY AND WILL PROVIDE A LEVEL OF SAFETY AT

LEAST EQUAL TO EXISTING FAA STANDARDS

SkyViewHD’s exemption will not adversely affect safety, as it will in fact enhance safety. 

SkyViewHD’s ability to log significant, controlled and monitored flight time in FAA controlled 

airspace will allow SkyViewHD to contribute to the innovation and implementation of new, novel

and undiscovered safety protocols for realtors that may be embraced by the NAR7 through 

consistent and ongoing cooperation with the FAA. Additionally, the FAA may utilize the new 

safety protocols for the use of UAs in FAA controlled airspace for all industries. 

SkyViewHD submits the following representations of enhancements to current aerial 

videography and photography:

SkyViewHD’s UAs weigh less than 5 pounds (2.26796 Kg) complete with the camera and 

gimbal assembly;

SkyViewHD will only operate its UAs below three hundred (300) feet which is well within 

the four hundred (400) feet ceiling having been established by the Reform Act of 2012;

SkyViewHD’s UAs only operate for fifteen (15) minutes per flight;

SkyViewHD landsits UAs prior to manufacturer’srecommended minimum level of battery 

power;

SkyViewHD’s pilots operate the UAs through Visual Line of Sight only;

SkyViewHD’s UAs have a GPS flight safety feature whereby the UA hovers and then 

slowly lands if communication with the pilot is lost;

SkyViewHD actively analyzes flight data and other sources of information to constantly 

update and enhance its safety protocols;

SkyViewHD only operates in reasonably safe environments which are strictly controlled

and away from power lines, elevated lights, airports and actively populated areas;

SkyViewHD conducts extensive pre-flight inspections and protocol to ensure safety 

remains the primary concern;

SkyViewHD always obtains all necessary permissions from the FAA and landowners prior 

to the operation its UAs and; 

SkyViewHD has established safety procedures in place to abort flights in the event of 

safety breaches or any potential danger.

7 National Association of Realtors, http://www.realtor.org/

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020

 
SkyViewHD’s safety protocols provide a level of safety equal to or exceeding existing 

FAA rules. It is important to note that absent the integration of commercial UAs into our national 

airspace system, manned fixed wing airplanes and helicopters are the primary means of aerial 

videography and photography for community awareness and real estate uses. While the safety 

record of such helicopters is outstanding, there have been incidents involving loss of life as well 

as extensive property damage due to crashes of these manned aircraft and it is far safer and less 

expensive to operate a battery powered SkyViewHD’s ultralight UAs to accomplish the same task.

The potential for loss of life is great diminished with a UA as SkyViewHD’s UAs carry no people 

or fuel on board and the UAs are also very small and versatile which allows SkyViewHD to avoid 

hazards quickly and safely. 

Accordingly, SkyViewHD respectfully requests that the FAA grant the requested 

exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

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

the characteristics and that operate with the limitations listed herein. 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 operations 

conducted with conventional aircraft. The FAA has noted in past exemptions that “Conventional 

aerial video operations, using jet or piston-powered aircraft present risks associated with aircraft 

that weigh in the neighborhood of 5,000 to 7,000 pounds or more, carry large quantities of fuel, 

passengers, and, in some cases, cargo. Such aircraft must fly to and from the survey location.

Please see FAA Exemption 11110.

These limitations and conditions to which SkyViewHD agrees to be bound when 

conducting all operations under an FAA issued exemption include:

1. The UAs will weigh less than five (5) pounds (2.26796 Kg).

2. Maximum total flight time for each operational flight will be fifteen (15) minutes. 

Flights will be terminated at thirty percent (30%) battery power reserve should that 

occur prior to the fifteen (15) minute limit.

3. Flights will be operated at an altitude of no more than three hundred (300) feet AGL.

4. Minimum crew for each operation will consist of the UA Pilot and a Visual Observer

(“VO”).

5. The UA pilot will be an FAA licensed airman with at least a private pilot’s certificate

and at least a current third-class medical certificate. 

6. The UA Pilot will be Pilot in Command (PIC). 

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
7. The UAs will only operate within an area as defined in SkyViewHD’s Confidential 

Protocols and Controls Exhibit.

8. A briefing will be conducted with regard to the planned UA operations prior to flight 

operations. It will be mandatory that all personnel who will be performing duties 

with regard to the flight operations be present for this briefing.

9. The PIC and VO will have been trained in operation of UAs generally and received 

up-to-date information on the particular UA to be operated and the UA will be 

operated in conformity with SkyViewHD’s Confidential Protocols and Controls 

Exhibit.

10. The PIC and VO will at all times be able to communicate via voice communication.

11. Written and/or oral permission from the relevant property holder(s), or their 

authorized representative(s), will be obtained.

12. All required permissions and permits will be obtained from territorial, state, county 

or city jurisdictions, including local law enforcement, fire, or other appropriate

governmental agencies.

13. If the UA loses communications or loses its GPS signal, the UA will return to the 

launch site of the UA, or another more appropriate site, and land.

14. The UA will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

14 C.F.R. PART 21, SUBPART H:

AIRWORTHINESS CERTIFICATES 14 C.F.R. §91.203 (A) (1)

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

the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by SkyViewHD, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 UA. In all cases, an analysis of these 

criteria demonstrates that the UA operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than a conventional 

aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the 

restrictions and conditions proposed.

The UAs to be operated hereunder is less than five (5) pounds (2.26796 Kg) fully loaded, 

carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a secured area as set out in SkyViewHD’s Confidential Protocols and 

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
Controls Exhibit. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator, pursuant to SkyViewHD’s Confidential Protocols 

and Controls Exhibit, and under the requirements and in compliance with local public safety 

requirements, to provide security for the area of operation as is now done with conventional aerial 

videography and photography. Lastly, application of these same criteria demonstrates that there is 

no credible threat to national security posed by the UAs, due to its size, speed of operation, location 

of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load.

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 than 2 

inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," 

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

Even though the UAs 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 words "limited," 

"restricted," "light-sport," "experimental," or "provisional," may be placed. Given the size of the 

UAs, two-inch lettering will be impossible. The word “experimental,” or any other term as is so 

required, will be placed on the fuselage of the UAs in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAs marked on its fuselage 

as required by §45.29 (f) where the pilot, observer and others working with the UAs will see the 

identification of the UAs as “Experimental.” The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113(A) & (B); 61.133(A): PRIVATE PILOT PRIVILEGES

ANDLIMITATIONS; PILOT IN COMMAND; COMMERCIAL PILOT PRIVILEGES

AND LIMITATIONS: PILOT IN COMMAND

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a

conventional aircraft that carries a pilot, passengers, and cargo, the UA in this case is remotely

controlled with no passengers or property of others on board. Section 61.133(a) requires an

individual with a commercial pilot’s license to be pilot in command of an aircraft for 

compensation or hire. SkyViewHD respectfully proposes that operator requirements should take

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
into account the characteristics of the particular UA. SkyViewHD’s UAs have various built-in

technical capabilities that strictly limit the potential for operation outside of the operating

conditions set forth in the exemption application including a fly back to launch point to terminate 

the flight.

• Detection of lost GPS or of insufficient satellites initiates an immediate return to launch 

location.

• Low power on the aircraft triggers escalating alarms at 30% and 15% levels.

• The aircraft weighs less than five (5) pounds (2.26796 Kg), fully loaded.

Given these safety features, SkyViewHD proposes that operators of the UAs should only 

be required to hold a private pilot’s license and not a commercial pilot’s license. 

SkyViewHD notes that the FAA has found that safety factors permitted operation of UAs

by operators with these qualifications in the case of operations pursuant to public COAs where

the mandatory operating conditions specified above are present. Please see Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval,

at 20-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to 

waive the pilot requirements for commercial operations.

Given these conditions and restrictions, an equivalent level of safety will be provided by

allowing operation of SkyViewHD’s UAs without a commercial pilot’s license, under the

conditions set forth herein.

The risks associated with the operation of SkyViewHD’s UAs (given its size, speed,

operational capabilities, and lack of combustible fuel) are so diminished from the level of risk

associated with private pilot operations or commercial operations contemplated by Part 61 with 

conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAs as set forth 

above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and

does not rise to the level of requiring a commercial pilot to operate the aircraft under §61.133(a).

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

UAs will not carry a pilot or passengers, the proposed operations can achieve the equivalent level 

of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s 

license rather than a commercial pilot’s license to operate these small UAs. Unlike a conventional 

aircraft that carries the pilot and passengers, the UAs are remotely controlled with no living thing 

on board. The area of operation is controlled and restricted, and all flights are planned and 

coordinated in advance as set forth in SkyViewHD’s Confidential Protocols and Controls Exhibit. 

The level of safety provided by the requirements included in SkyViewHD’s Confidential Protocols 

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
and Controls Exhibit exceed that provided by a single individual holding a commercial pilot’s 

certificate operating a conventional aircraft. The risks associated with the operation of the UAs

are so diminished from the level of risk associated with commercial operations contemplated by 

Part 61 when drafted, that allowing operations of the UAs as requested with a private pilot as the 

PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(A): CIVIL AIRCRAFT AIRWORTHINESS

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given 

the size of the aircraft and the requirements contained in SkyViewHD’s Confidential Protocols 

and Controls Exhibit for maintenance and use of safety check lists prior to each flight.

14 C.F.R. § 91.9 (B) (2): CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT

Section 91.9 (b) (2) provides:

No person may operate a U.S. registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, 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.

The UAs, given their size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping SkyViewHD’s Confidential 

Protocols and Controls Exhibit at the ground control point where the pilot flying the UAs will have 

immediate access to it. The FAA has issued the following exemptions to this regulation: Please 

see FAA Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

32827, and 10700.

14 C.F.R. § 91.103: PREFLIGHT ACTION

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

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the 

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth 

in SkyViewHD’s Confidential Protocols and Controls Exhibit. The PIC will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight.

14 C.F.R. §91.109: FLIGHT INSTRUCTION

Section 91.109 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.

UAs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. Please see FAA Exemption Nos. 5778K & 9862A. The equivalent level of 

safety is provided as neither a pilot nor passengers will be carried in the aircraft and by the size 

and speed of the aircraft.

14 C.F.R. §91.119: MINIMUM SAFE ALTITUDES

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

allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. 

As this exemption is for UAs that are a helicopter and the exemption requests authority to operate 

at altitudes up to three hundred (300) feet AGL, an exemption may be needed to allow such 

operations. As set forth herein, except for the limited conditions stated in SkyViewHD’s 

Confidential Protocols and Controls Exhibit, the UAs will never operate at higher than three 

hundred (300) feet AGL. It will however be operated in a restricted area with security perimeter, 

where buildings and people will not be exposed to operations without their pre-obtained consent.

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. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property owner(s), or their

authorized representative(s), all affected individuals will be aware of the planned flight operations 

as set forth in SkyViewHD’s Confidential Protocols and Controls Exhibit. When one compares 

the flight operations proposed herein with aircraft or rotorcraft weighing far in excess of the less 

than five (5) pounds (2.26796 Kg) and the lack of flammable fuel, any risk associated with these 

proposed operations is far less than those presently presented with conventional aircraft operating 

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
at or below five hundred (500) feet AGL. In addition, the low-altitude operations of the UAs will 

ensure separation between these small UAs operations and the operations of conventional aircraft 

that must comply with Section 91.119.

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 UA may not have a barometric altimeter, but 

instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will 

be achieved by the operator, pursuant to SkyViewHD’s Confidential Protocols and Controls 

Exhibit, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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.”

SkyViewHD believes that an equivalent level of safety can be achieved by limiting flights to

fifteen (15) minutes or thirty percent (30%) of battery power whichever happens first. This 

restriction would be more than adequate to return the UAs to their planned landing zone from 

anywhere in its limited operating area.

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

5745, 10673, and 10808.

14 C.F.R. §91.203 (A) AND (B): CARRYING CIVIL

AIRCRAFT CERTIFICATION AND REGISTRATION

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) An appropriate and current airworthiness certificate. . . .

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

The UAs fully loaded weight is no greater than five (5) pounds (2.26796 Kg) and is 

operated without an onboard pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the UA.

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UA will have immediate access to them to the extent they 

are applicable to the UA. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (A); 407 (A) (1); 409 (A) (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.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to SkyViewHD. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook as referenced in SkyViewHD’s Confidential 

Protocols and Controls Exhibit. An equivalent level of safety will be achieved because these small 

UAs are very limited in size and will carry a small payload and operate only in restricted areas for 

limited periods of time. If mechanical issues arise the UAs may land immediately and will be 

operating from no higher than three-hundred (300) feet AGL. As provided in SkyViewHD’s 

Confidential Protocols and Controls Exhibit, the operator will ensure that the UAs are in working 

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

performed. Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

*********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed:

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
SkyViewHD 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. §§ 61.113( a) & (b);91.7 (a); 91.9 

(b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 

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

unmanned vehicle weighing less than fifty-five (55) pounds (25 Kg) in its operations.

Approval of exemptions allowing commercial operations of UAs in the purposes outlined 

above (or similar operations) will enhance safety by reducing risk. Conventional aerial

videography and photography operations, using jet or piston power aircraft, operate at extremely 

low altitudes just feet from the object being photographed and often in extreme proximity to people 

and structures; and present the risks associated with vehicles that weigh in the neighborhood of 

four thousand (4,000) pounds, carrying large amounts of jet A or other fuel (one hundred and forty 

(140) gallons for jet helicopters). Such aircraft must fly to and from the site’s location. In contrast, 

a UA weighing less than five (5) pounds (2.26796 Kg) pounds and powered by batteries eliminates 

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

UA is carried to the site of the purposes outlined above (or similar operations) and not flown to 

the site. The UA will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights.

The operation of small UAs, weighing less than five (5) pounds (2.26796 Kg), conducted 

in the strict conditions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein, including exempting SkyViewHD from the requirements 

of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds,

close to the ground, and in a sterile environment and, as a result, are far safer than conventional 

operations conducted with turbine helicopters operating in close proximity to the ground and

people.

PRIVACY

All flights will occur over private, controlled or approved property with the property 

owner’s, or their authorized representative, prior consent and knowledge. The aerial videography 

and photography will be of structures and property whose owner, or authorized representative, has 

consented to the aerial videography and photography or otherwise have agreed to be in the area 

where aerial videography and photography will take place. The grant of this exemption request 

will provide improved safety in all operations.

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 granting of 

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
the requested exemptions allowing commercial operation of SkyViewHD’s UAs pursuant to 

SkyViewHD’s Confidential Protocols and Controls Exhibit attached hereto.

SUMMARY OF SKYVIEWHD’S REQUEST FOR AN FAA EXEMPTION

1. SkyViewHD’s UAs must weigh less than five (5) pounds (2.26796 Kg), including 

energy source(s) and equipment. Operations authorized by the grant of an exemption are limited 

to the following aircraft described in SkyViewHD’s Confidential Protocols and Controls Exhibit: 

SkyViewHD’s UA aircraft variant, bearing serial #DJIP2-001-614 onward as additional UAs are 

utilized by SkyViewHD provided the additional UAs are of the same or similar specifications as 

the UA bearing serial # DJIP2-001-614. Any proposed operations of any other aircraft will require 

a new petition or a petition to amend this grant. 

2. SkyViewHD’s UAs may not be flown at a ground speed exceeding thirty (30)

knots. 

3. SkyViewHD’s flights must be operated at an altitude of no more than three hundred 

(300) feet above ground level (AGL), as indicated by the procedures specified in SkyViewHD’s 

Confidential Protocols and Controls Exhibit. All altitudes reported to ATC must be in feet AGL. 

4. SkyViewHD’s UAs must be operated within the 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 medical certificate. 

5. All SkyViewHD operations must utilize a VO. The VO may be used to satisfy the 

VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must 

be able to communicate verbally at all times. 

6. SkyViewHD’s Confidential Protocols and Controls Exhibit to be deemed as 

considered as acceptable to the FAA provided additional requirements as identified by the FAA 

from time to time are added to or amended in SkyViewHD’s Confidential Protocols and Controls 

Exhibit. SkyViewHD’s Confidential Protocols and Controls Exhibit and any grant of exemption 

must be maintained and made available to the Administrator upon request. 

7. Prior to each flight the PIC must inspect the UA to ensure it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the UA, the aircraft 

is prohibited from operating until the necessary maintenance has been performed and the UA is 

found to be in a condition for safe flight. A Ground Control Station, if utilized, must be included 

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
in the preflight inspection. All maintenance and alterations must be properly documented in the 

aircraft records. 

8. Any UA that has undergone maintenance or alterations that affect the UA’s

operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight in accordance with SkyViewHD’s Confidential Protocols and Controls 

Exhibit. The PIC who conducts the functional test flight must make an entry in the UA’s aircraft 

records of the flight. The requirements and procedures for a functional test flight and aircraft record 

entry must be added to SkyViewHD’s Confidential Protocols and Controls Exhibit. 

9. SkyViewHD must follow the manufacturer’s UA aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft 

maintenance/component/overhaul, replacement, and inspection/maintenance requirements must 

be established and identified in SkyViewHD’s Confidential Protocols and Controls Exhibit. At a 

minimum, requirements for the following must be included in SkyViewHD’s Confidential 

Protocols and Controls Exhibit:

a. Actuators/Servos; 

b. Transmission (single rotor); 

c. Power plant (motors); 

d. Propellers; 

e. Electronic speed controller; 

f. Batteries; 

g. Mechanical dynamic components (single rotor); 

h. Remote command and control; 

i. Ground control station (if used); and 

j. Any other components as determined by SkyViewHD.

10. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. The PIC must 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. 

11. Prior to operations conducted for the purposes outlined above (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51(b), a minimum of twenty-five (25) hours of total time as a UA rotorcraft pilot (single blade 

or multi-rotor) and at least ten (10) hours logged as a UA pilot with multi-rotor UA which is similar 

to the UA to be utilized pursuant to this exemption. Prior documented flight experience that was 

obtained in compliance with applicable regulations may satisfy this requirement. Training, 

proficiency, and experience-building flights must be conducted under an exemption to accomplish 

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
the required flight cycles and flight time. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered nonparticipants, and the PIC 

must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 

91.119. 

12. Prior to operations conducted for the purposes outlined above (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51(b), a minimum of five (5) hours as a UA pilot operating the make and model of UAs to be 

utilized for operations under the exemption and three (3) take-offs and three (3) landings in the 

preceding ninety (90) days. Training, proficiency, experience-building, and take-off and landing 

currency flights can be conducted under the grant of exemption to accomplish the required flight 

time and ninety (90) day currency. During training, proficiency, experience-building, and take-off 

and landing currency flights all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants 

in accordance with 14 CFR § 91.119. 

13. SkyViewHD shall not permit the PIC to operate the UAS for the purpose of aerial 

videography or photography (or similar operations), unless the PIC has demonstrated and logged 

in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

14. The UA may not be operated directly over any person, except authorized and 

consenting personnel and persons, below an altitude that is hazardous to persons or property on 

the surface in the event of a UA’s failure or an emergency. 

15. SkyViewHD’s Confidential Protocols and Controls Exhibit outlines safety 

mitigations for authorized and consenting production personnel. At all times, those persons must 

be essential to the purposes outlined above (or similar operations). Because these procedures are 

specific to participating persons, no further FSDO or aviation safety inspector approval is 

necessary for reductions to the distances specified in SkyViewHD’s manuals. 

16. SkyViewHD’s flight operations must 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 

must ensure that nonparticipating persons remain under such protection. If a 

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

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, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

17. If the UAs lose communications or loses its GPS signal, the UAs must return to a 

pre-determined location within the security perimeter and land or be recovered in accordance with 

SkyViewHD’s Confidential Protocols and Controls Exhibit. 

18. The UAs must abort the flight in the event of unpredicted obstacles or emergencies 

in accordance with SkyViewHD’s Confidential Protocols and Controls Exhibit.

19. Each UA operation must be completed within fifteen (15) minutes flight time or 

with thirty percent (30%) battery power remaining, whichever occurs first. 

20. SkyViewHD must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. 

This COA will also require SkyViewHD to request a Notice to Airman (NOTAM) not more than 

seventy-two (72) hours in advance, but not less than forty-eight (48) hours prior to the operation. 

21. All aircraft operated in accordance with this exemption must 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 must be as large as practicable. 

22. SkyViewHD has developed procedures to document and maintain a record of the 

UA’s maintenance, preventative maintenance, alterations, status of replacement/overhaul 

component parts, and the total time in service of the UAs and these procedures are contained in 

SkyViewHD’s Confidential Protocols and Controls Exhibit.

23. Each UA operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

24. The preflight inspection section in SkyViewHD’s Confidential Protocols and 

Controls Exhibit includes the following requirement: The preflight inspection must account for all 

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant 

preflight inspection sections of SkyViewHD’s Confidential Protocols and Controls Exhibit.

25. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

26. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station, if utilized, of the UA at any time the UA is operating. These 

documents must be made available to the Administrator or any law enforcement official upon 

request. 

27. SkyViewHD’s UAs must remain clear and yield the right of way to all other 

manned operations and activities at all times (including, but not limited to, ultralight vehicles, 

parachute activities, parasailing activities, hang gliders, etc.). 

28. SkyViewHD’s UA operations may not be conducted during night, as defined in 14 

CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). 

Flights under special visual flight rules (SVFR) are not authorized. 

29. SkyViewHD’s UAs may not be operated by the PIC from any moving device or 

vehicle. 

30. SkyViewHD’s UAs may not be operated less than five-hundred (500) feet below 

or less than two-thousand (2,000) feet horizontally from a cloud or when visibility is less than 

three (3) statute miles from the PIC.

31. SkyViewHD’s UA may not operate in Class B, C, or D airspace without written 

approval from the FAA. The UA may not operate within five (5) nautical miles of the geographic 

center of a non-towered airport as denoted on a current FAA-published aeronautical chart unless 

a letter of agreement with that airport’s management is obtained, and the operation is conducted 

in accordance with a NOTAM as required by the SkyViewHD’s COA. The letter of agreement 

with the airport management must be made available to the Administrator upon request. 

32. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s 

UA Integration Office (AFS-80) within twenty-four (24) hours. Accidents must be reported to the 

National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020
33. SkyViewHD’s UAs, the UA’s PIC, and the UA’s operations must comply with all 

applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

As mentioned above, the FAA has already granted a previous exemption which is 

essentially identical to the exemption being sought by SkyViewHD in this petition for an 

exemption. Please see FAA Exemption No. 11138.

Therefore, SkyViewHD respectfully requests the FAA grant an exemption pursuant to its 

application as outlined above. 

Sincerely,

Philip A. K. Stiles, Esquire

President and General Counsel

GPS Development, LLC d/b/a SkyViewHD

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SkyViewHD, 275 Eagle Knob Pointe, Lake Mary, FL 32746

Phone: 407-920-2020