Henry J Peraza 

d/b/a SkyView Photoworks 

4995 University Drive 

Coral Gables, FL 33146 

July 2, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Amended Section 333 Exemption Request 

Original Request No. 29534 

Comment Tracking No. 1jz-8ifr-1gs0 

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

Aviation Regulations from 14 C.F.R. 45.23(b): 14 C.F.R. Part 21: 14 C.F.R. Part 61.113 (a) 

& (b): 91.7 (a): 91.9 (b) (2): 91.103 (b): 91.109: 119:91.121:91.151 (a) & (b): 91.405 (a): 

91.407 (a) (I): 91.409 (a) (2): 91.417 (a) & (b). 

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, Henry J Peraza d/b/a SkyView Photoworks, operator of Small 

Unmanned Aircraft Systems ("sUAS'), hereby applies for an exemption from the above 

listed Federal Aviation Regulations (FAR's") to allow commercial operations of its sUAS. 

All operations will be conducted in a safe manner and in full accordance with all FAA 

regulations. 

Proposed commercial operations are as follows: 

1. Aerial Photography and Videography for the commercial and residential real estate 

industry. 

2. Aerial Photography and Videography for the marine industry. 

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3. sUAS flight training. 

4. Aerial inspection of public and private facilities and structures. 

The applicant for this exemption holds a current Private Pilot Certificate with 

approximately 500 hours of PIC experience. Applicant has extensive knowledge of the 

airspace system. In addition, applicant has extensive sUAS operations experience having 

logged more than 100 hours of flight time in the last year. 

How the granting of this exemption would benefit the public interest as a whole: The use 

of a battery operated sUAS aircraft would present a minimal impact to the environment. 

The use of a sUAS to produce videos and still photographs for the real estate and marine 

industry would enhance the economic activity, productivity and efficiency of the 

aforementioned industries. The use of sUAS to inspect facilities such as cell towers, 

television towers and other similar structures, would significantly enhance the safety of 

said inspections since the unmanned sUAS replaces the need in many instances to use 

human individuals to perform these types of dangerous inspections. Training others to 

operate sUAS by a certificated Private Pilot with significant sUAS flight experience will 

further serve the public interest by ensuring that new pilots operate their sUAS in a safe 

and responsible manner. 

The name and address of the applicant is: 

Henry J Peraza 

d/b/a SkyView Photoworks 

Phone: 305-299-3574 

Email: henry@skyviewphotoworks.com 

Address: 4995 University Drive, Coral Gables, FL 33146 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

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14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

The sUAS operated by applicant weigh significantly less than 55 lbs. All aircraft operate 

at speeds not exceeding 55kts. All operations are conducted in line of sight of PIC. All 

training will be conducted with dual controllers to ensure safe operations. 

Due to the small size of the sUAS used by applicant, and the fact that all operations will be 

conducted in controlled airspace by a certificated Private Pilot with extensive flying 

experience, the proposed operations will adhere to the Reform Act's safety requirements. 

Aircraft and Equivalent Level of Safety 

Limitations and conditions to which applicant agrees to adhere to when conducting 

commercial operations: 

1. All flights will be conducted within line of sight of the PIC and/or observer. 

2. All flights will be conducted at an altitude not to exceed 400 feet above ground level 

(AGL). 

3. The sUAS used will have built in safety features that alert the pilot in command of 

any restricted airspace incursions as well as a return-to-home feature that 

autonomously causes the aircraft to return to its designated point of takeoff in the 

event of a breakdown of communications between the aircraft's receiver and 

ground transmitter andfor loss of GPS signal. 

4. The PIC will ensure that a pre takeoff checklist is performed before every flight in 

order to ensure that the aircraft is in proper operating condition. 

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5. The PIC will ensure that all commercial operations are conducted in a safe and 

responsible manner with particular attention paid to the safety of persons and 

property. 

6. The PIC will ensure that all operations in controlled airspace adhere to all current 

restrictions and regulations. 

7. Minimum crew for each operation will consist of the PIC, the Visual Observer (VO) 

and when required a camera operator. 

8. A briefing of the planned flight will be conducted before each flight. 

9. When required, all necessary permits will be obtained from territorial, state, county 

or city departments, including law enforcement, fire or other government agencies. 

10. Maximum flight time will be thirty minutes and terminated at 25% of remaining 

battery power. 

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). 

Because of the size and limited operating area associated with the aircraft to be utilized 

by Applicant, 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 sUAS. Safety considerations in mind, the operation 

of the applicant's sUAS aircraft in the manner proposed, will be as safe or safer, than 

conventional aircraft. 

The sUAS to be operated is significantly less than 55 lbs. fully loaded, carriers neither a 

pilot nor passenger, carries no hazardous explosive or flammable materials such as fuel, 

and will operate only within secure and designated areas. Furthermore, given the size 

limitations, speed, restricted flight areas, and lack of explosive or flammable materials, 

Applicants sUAS poses no threat to national security. 

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

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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, the operator must also 

display on the aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

no less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light 

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

Even though the sUAS will have no airworthiness certificate, an exemption may be 

needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which 

the word "experimental" can be placed. Given the size of the sUAS, two inch lettering will 

be impossible. The word "Experimental" will be placed on the fuselage in compliance with 

§45.29. 

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

as required by §45.29 (f) where the PIC, observer and anyone else working with the sUAS 

will see the identification of the sUAS 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): Private Pilot Privileges and Limitations: Pilot in Command 

Pursuant to 14 CFR 61.113 9a), no person who holds a private pilot certificate may act as 

a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. Applicants' sUAS will not carry passengers or property therefore 

an exemption to 14 CFR 61.113 is requested. The operating procedures put forth by 

applicant in this 333 Exemption Request should be sufficient to ensure that an equivalent 

level of safety is achieved. 

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

CFR § 91.7 (a) requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Since there will be no airworthy certificates for the sUAS, no FAA regulatory 

standard will exist for deterring airworthiness. The use of a preflight checklist to ensure 

that the aircraft is proper operating condition prior to each flight will ensure an 

equivalent level of safety. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

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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 sUAS has no pilot on board, any room to store a flight manual, placards, 

markings, or any combination thereof. The flight operations manual will always be in the 

possession of the PIC while operating the sUAS thereby ensuring the same level of safety. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires that the PIC perform a thorough preflight inspection and other 

related actions to ensure the safety of the flight. An FAA approved rotorcraft flight 

manual will not be provided for the aircraft; therefore an exemption will be needed. The 

preflight checklist as set will set an equivalent level of safety forth in the Flight 

Operations Manual. The PIC will take all necessary actions to include landing and takeoff 

distances; weather reports; alternate landing locations in the event of a power or GPS 

failure; flight battery requirements, and aircraft performance data. 

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

Section 91.103 provides that no person may operate a civil aircraft (except a manned 

balloon) that is being used for flight instruction unless that aircraft has fully functioning 

dual controls. The FAA has approved exemptions for flight training without fully 

functional dual controls for a number of aircraft. The equivalent level of safety can be 

provided by the fact that neither a pilot nor passenger will be carried in the aircraft and 

by the size and speed of the aircraft. When practical however, applicant will utilize dual 

remote control transmitters for hands on flight training operations further enhancing 

safety. 

14 C.F.R. § 91.119: Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operations 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 a sUAS that is a helicopter and the 

exemption requests authority to operate to altitudes up to 400 feet AGL, or not more than 

200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. The sUAS will never operate higher than 400 AGL 

except in circumstances where the sUAS is used to inspect, survey or photograph a 

structure whose height exceeds 400 feet AGL, the sUAS will not be operated more than 

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100 feet above the highest point of the structure. All operations will take place in a 

restricted security perimeter where people will not be exposed to operations without 

prior approval and knowledge of said operations. 

The lack of hazardous materials, gross weight less than 55 lbs., relatively slow speeds, 

and low altitudes, make sUAS operations far less risky than that of fixed wing and 

rotorcraft aircraft. In addition, the low altitudes at which the sUAS operate, ensures 

separation between sUAS and 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 altitudes 

by reference to an altitude altimeter that is set "to the elevation of the departure airport 

or an appropriate altimeter setting available before departure." Since the sUAS utilizes a 

GPS readout instead of a barometric altimeter to indicate altitude, an exemption may be 

needed. The same level of safety can be achieved by the use of telemetry from the sUAS 

to the ground station indicating current altitude at the launch site and during all phases 

of flight. 

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

This section 91.151 (a) prohibits 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 at least 45 

minutes." 

The battery of the typical sUAS provides on average approximately 30 minutes of flight 

time. To meet the 30-minute reserve requirement sUAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the sUAS's its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or 

twilight VFR conditions is required. 

Applicant believes that an exemption from 14 CFR § 91.151 (a) falls within the scope of 

prior exemptions. Operating a sUAS in a tightly controlled area where only people and 

property owners or official representatives who have signed waivers will be allowed, 

with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 

91.151 (a) was intended to alleviate given the size and speed of the sUAS. Additionally, 

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limiting sUAS flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. 

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

30 minutes or 25°/o of battery whichever happens first. This restriction would be more 

than adequate to return the sUAS to its planned landing zone from anywhere in its 

limited operating area. 

14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. 

The regulation states: 

(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 .... 

(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 it is legible to 

passengers or crew. 

The sUAS fully loaded weighs less than 55 lbs., 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 sUAS. 

An equivalent level of safety can be achieved by keeping all documents prescribed by 

§91.715 (a) and (b) in the possession of the PIC during all flight operations. 

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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook. An 

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equivalent level of safety will be achieved due to the fact these sUAS's are small in size 

and weight, and will operate only in restricted areas for limited periods of time. The PIC 

will ensure that the sUAS is in proper working condition prior to each flight, and maintain 

the sUAS in accordance with the sUAS's manufacturer's manual. Operator will keep a 

maintenance log at all times. 

Summary. 

The Applicant is an FAA licensed Private Pilot with 500 hours of PIC experience. Based 

on the satisfaction of the criteria provided in Section 333 of the Reform Act of 2012, 

Applicant believes there is more than adequate justification for granting the requested 

exemption. 

Henry J Peraza 

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