January 21 ,	2015

U.	S.	Department	of	Transportation Docket	Management	System 1200	New	Jersey	Ave.,	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);	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).

To	whom	it	may	concern,

In	pursuant with	Section	333	of	the	F AA	Modernization	and	Reform	Act	of	2012	and	14	C.F.R.	Part	11, OpenSky Drones	LLC	( OpenSky ),	an	operator	of	a	small	Unmanned	Aircraft	System	(sUAS)	for Environemental/Civil/Structural	engineering industry,	seeks	an	exemption	from	the	Federal Aviation	Regul ations	(FARs)	to	allow	commercial	operations	of	its	sUAS.

OpenSky ’s	requested	exemption	would	permit	the	operation	of	a	sUAS	under	controlled	conditions	in project airspace	that	is:	(i)	limited,	(ii)	predetermined,	(ii i)	subject	to	controlled	access thro ugh	our customers,	and	(iv)	provides	greater	safety	in	connection with	aircraft	operations

. OpenSky believes that	an	exemption	in	the engineering industry	would	enhance	safety	and	fulfill	the	Secretary	of Transportation’s	(the	FAA	Administrator’s)	responsi bilities	to	establish	safe	operations	of	sUAS.

A	current	WorkZoneSafety.org	published	document	analyzes	work	zone	fatalities	by	discipline	and roles	from	2003	to	2013.			According	to	this	report,	10

- year	itemization	records	fatalities	for	Civil Engineers ,	Construction	Supervisors	and	Construction	inspectors	at	over	240	deaths.			This	is remarkable	because	these	numbers	consist	of	only	first

- line	supervisory/overseeing	roles	with

limited	time	on	site.

Currently,	there	are	many	applications	in	the	Environm ental/Civil/Structural	engineering	field	that requires	access	through	inefficient,	tedious	and	dangerous	methods

. These	task s require	an	engineer to	traverse,	climb,	or	get	in	dangerous	proximity	of	a	subject	to	determine	the	correct	action	to	take. Site	visits	and	explorations	for	areas	such	as	deteriorating	bridge	structures,	eroded	and	unstable river	channel	banks	or	sinkholes	and	heavily	trafficked	road	construction zones	present	an	extremely hazardous	environment	for	engineering	data	collection. Even	surface	parking	studies	require	an	long schedule	of	engineers	on	foot	walking	through	active	parking	lots	and	streetscapes	to	manually record	parking	behaviors.		In	addition,	areas	of	environmental	contamination	pose	enormous respiratory	risk	for	en gineering	inspections	and	site	survey.			OpenSky	intends	to	utilize	sUAS	to greatly	reduce	the	dangers	of	human	exposure	in	these	sites.

OpenSky is	a n engineering	company in	both	Civil/Structural	as	well	as	RF	disciplines specializing	in remote	sensing services	across	the	continental	United	States. OpenSky’s	Engineers	have	been involved	in	engineering	designs	and	inpections		industry	over	the	last	40	years. OpenSky ’s	sUAS flights	will	be	flow n	to	achieve	an	aerial	view, video	recording

, signal analysis ,	laser	measurement

and	concentration	measurements

.

Data c aptured	from	the	flights	will provide	valuable	date	to	assist	in	engineering	proposals,	design and	necessary	actions

.The	sUAS missions will	be	planned	and	executed	with	the	highest	level	of	s afety	in	mind.		The primary	objective	is	safely	collect	data	within	a	relatively	small	flight	window	(typically	15	mins)	and return	to	landing.		Even	in	areas	of	heavy	traffic,	flights will be	conducted	as	to	minimize	direct overhead	exposure	to	people	and moving	traffic,	eg.	Over	road	centerline,	grass	swales,	etc. For every	flight	that OpenSky performs, inspection	task	performed will	be preplanned	and	coordinated

with the	crew to	ensure	full	safety	and	success

. Flight	elevations	will	typically	be below	200ft	MSL and	in	rare	cases,	be	between	200

– 400ft	MSL.

Information	Supporting	this	Petition	as	Specified	in	14	C.F.R.	§11.81

(a)	Your	name	and	mailing	address	and,	if	you	wish,	other	contact	information	such	as	a	fax	number, telephone	number,	or	e

- mail	address;

OpenSky Drones,	LLC

. Dan	Q	Pham,	P.E.

12453 NW	44 th St Coral	Springs,	FL	33095 ( 954 ) 918

- 3888

Email: dan @ OpenSky dr ones. com

(b)	The	specific	section	or	sections	of	14	C.F.R.	from	which OpenSky seeks	an	exemption

· 21

– Subpart	H	Certification	procedures	for	products	and	parts,	Airworthiness

Certificates

· 45.23

– Display	of	marks;	general

· 61.113

- Private	pilot	privileges	and	limitations:	Pilot	in	command

· 91.103

– Preflight	Actions

· 91.105

– Flight	crewmembers	at	stations

· 91.109

– Flight	instruction;	Simulate d	instrument	flight	and	certain flight	tests

· 91.119

– Minimum safe	altitudes:	General

· 91.121

– Altimeter	settings

· 91.151

– Fuel	requirements	for	flights	in	Visual	Flight	Rules	(VFR)	conditions

· 91.203

– Civil	aircraft:	certification	required

· 91.405

– Maintenance	required

· 91.407

– Opera tion	after	maintenance,	preventative	maintenance,	rebuilding,	and

alteration

· 91.409

– Inspections

· 91.417

– Maintenance	records

We	believe	an	exemption	from	the	above	regulations	will	allow OpenSky to	conduct	the	needed	work

as	described	a bove.

(c)	The	extent	of	relief OpenSky seeks,	and	the	reason OpenSky seeks	the	relief OpenSky seeks	an	exemption	for	several	provisions	of	14	C.F.R.	Parts	21,	45,	61,	and	91	to	the	extent to	operate	small	UASs	around for	engineering	data	collection

.

14	C.F.R. 21

– Subpart	H	Certification	procedures	for	products	and	parts,	Airworthiness

Certificates OpenSky seeks	exemption	from 14	C.F.R.	21,	Subpart	H which	states	the	certification	procedures	for products	and	parts	as	well	as	airworthiness	certificate s.	Due	to	the	limited	airspace	that OpenSky will be	using	at project locations	across	the	country,	we	are	seeking	exemption	to	the	airworthiness certification	process. OpenSky has	developed	our	own	training	procedures	and	regulations	to promote	and	provide safe	flying	experiences	for	our	PIC(s)	which	can	be	viewed	in	section	(e)	of	this petition. The	sUAS	to	be	operated	hereunder	is	less	than	55	lbs.	fully	loaded,	carries	neither	a	pilot nor	passenger,	carries	no	explosive	materials	or	flammable	liquid	fue ls,	and	operates	exclusivelywithin	a	secured	area	as	set	out	in	the	Manual.	Unlike	other	civil	aircraft,	operations	under	this exemption	will	be	tightly	controlled	and	monitored	by	both	the	operator,	pursuant	to	the	Manual’s requirements,	and	under	the	re quirements	and	in	compliance	with	local	public	safety	requirements, to	provide	security	for	the	area	of	operation.

14	C.F.R.	§	45.23	(b).	Marking	of	the	Aircraft OpenSky seeks	exemption	from 14	C.F.R.	45.23 ,	which	discusses	the	display	of	marks.	Speci fically, section	45.23	states,	“(a)	each	operator	of	an	aircraft	must	display	on	that	aircraft	marks	consisting	of the	Roman	capital	letter	“N”	(denoting	United	States	registration)	followed	by	the	registration

number	of	the	aircraft.	Each	suffix	letter	us ed	in	the	marks	displayed	must	also	be	a	Roman	capital letter	(b)	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

certifi cated	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”.

OpenSky will	need exemption	from	this	regulation due	to	the	small	size	of	the	aircraft	and	that	there is	no	cabin,	cockpit,	or pilot	station	for	the	aircraft.	The	words	“Experimental”	can	be	placed	on	the fuselage	in	compl iance	with	§45.29	(f)	where	the	pilot,	observer	and	others	working	with	the	sUAV will	see	the	identification	of	the	UAS	as	“Experimental.”	The	FAA	has	issued	the	following	exemptions to	this	regulation	to	Exemptions	Nos.	10700,	8738,	10167	and	10167A.

14	C.F.R.	§	61.113	(a)	&	(b):	Private	Pilot	Privileges	and	Limitations:	Pilot	in	Command. OpenSky seeks	exemption	from	14	C.F.R.	61.113,	which	discusses	private	pilot	privileges	and limitations	for	the	Pilot	in	command	(PIC).

OpenSky is	seeking	exemptio n	from	this	regulation,	because OpenSky believes	that	there	is inconclusive	evidence	that	a	person	with	a	private	pilot	certificate	can	successfully	maneuver	a	sUAS without	first	hand	flight	experience	with	the	particular	sUAS. In	fact,	having	a	private	p ilot	license does	not	automatically	ensure	competence	at	flying an	sUAS in	3 rd person	view	as	required	to properly	operate	an	sUAS within	the	required	line	of	sight

. However,	we	believe	that	the	PIC	and	our FOVO	(Field	Operation	Visual	Observer)	must	be	a ble	to	understand	and	correctly	interact	with	the general	aviation	community. Therefore,	we	believe	our	own	flight	training	with	the	sUAS	will	be more	than	satisfactory. Our	PIC	and	FOVO will	be	both	certified	in	Ground	School	training	to be	able

to prop erly	interact	with	General	Aviation	protocols. They	will	also	actively	pursue	a	private	pilot’s license	as	well	have	the	necessary	medical	qualifications.

14	C.F.R.	91.103

– Preflight	Actions OpenSky seeks	exemption	from 14	C.F.R.	91.103	which	states	th at	e ach	pilot	in	command	shall, before	beginning	a	flight,	become	familiar	with	all	available	information	concerning	that	flight.	This information	must	include:	(a)	For	a	flight	under	IFR	or	a	flight	not	in	the	vicinity	of	an	airport, weather	reports	and	f orecasts,	fuel	requirements,	alternatives	available	if	the	planned	flight	cannot be	completed,	and	any	known	traffic	delays	of	which	the	pilot	in	command	has	been	advised	by	ATC; actions,	including	reviewing	weather,	flight	battery	requirements,	landing	an d	takeoff	distances,	and aircraft	performance	data	before	starting	a	flight.

OpenSky’s	will	be	operating	our	sUAS	in	VFR.			Our	operations	manual	already	includes	preflight procedures	directly	pertaining	to	our	sUAS	which	includes	equipment	checklist	as well	a	preplanning details	regarding	weather	conditions,	review	of	any	possible	flight	path	of	general	aviation,	our mission	flight	path	and	weather	conditions	amongst	other	parameters	required	to	complete	the

mission.

14	C.F.R. 91.105

– Flight crewmembers	at	stationsOpenSky seeks	exemption	from	14	C.F.R.	91.105,	which	discusses	flight	crewmembers	at	stations. Specifically,	91.105	states	“(a)	During	takeoff	and	landing,	and	while	en	route,	each	required	flight crewmember	shall	(1)	Be	at	the	crew member	station	unless	the	absence	is	necessary	to	perform duties	in	connection	with	the	operation	of	the	aircraft	or	in	connection	with	physiological	needs;	and (2)	Keep	the	safety	belt	fastened	while	at	the	crewmember	station.	(b)	Each	required	flight

cre wmember	of	a	U.S.

- registered	civil	aircraft	shall,	during	takeoff	and	landing,	keep	his	or	her shoulder	harness	fastened	while	at	his	or	her	assigned	duty	station.	This	paragraph	does	not	apply	if (1)	The	seat	at	the	crewmember's	station	is	not	equipped	wi th	a	shoulder	harness;	or	(2)	The crewmember	would	be	unable	to	perform	required	duties	with	the	shoulder	harness	fastened. OpenSky will	need	exemption	from	this	regulation	due	to	the	fact	that	the	sUAS	will	not	have	a	flight

crew	or	crew	stations	other	t han	the	PIC and	a	Spotter .	The	PIC	will	also	not	have	to	be	restrained into	a	seat	via	shoulder	harness	or	safety	belt	at	the	time	of	the	flight.

14	C.F.R.	91.109

- Flight	instruction;	Simulated	instrument	flight	and	certain	flight	tests OpenSky seeks	exemption	from	14	C.F.R.	91.109,	which	discusses	flight	instruction,	simulated instrument	flight,	and	certain	flight	tests.	Specifically,	91.109	states	“(a)	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.	However,	instrument	flight	instruction	may	be	given	in	an airplane	that	is	equipped	with	a	single,	functioning	throw	over	control	wheel	that	controls	the elevator	and	ailerons,	i n	place	of	fixed,	dual	controls,	when	(1)	The	instructor	has	determined	that the	flight	can	be	conducted	safely;	and	(2)	The	person	manipulating	the	controls	has	at	least	a	private pilot	certificate	with	appropriate	category	and	class	ratings.	(b)	An	airpl ane	equipped	with	a	single, functioning	throw	over	control	wheel	that	controls	the	elevator	and	ailerons,	in	place	of	fixed,	dual controls	may	be	used	for	flight	instruction	to	conduct	a	flight	review	required	by	§61.56	of	this chapter,	or	to	obtain	recent flight	experience	or	an	instrument	proficiency	check	required	by	§61.57 when	(1)	The	airplane	is	equipped	with	operable	rudder	pedals	at	both	pilot	stations;	(2)	The	pilot manipulating	the	controls	is	qualified	to	serve	and	serves	as	pilot	in	command	duri ng	the	entire flight;	(3)	The	instructor	is	current	and	qualified	to	serve	as	pilot	in	command	of	the	airplane,	meets the	requirements	of	§61.195(b),	and	has	logged	at	least	25	hours	of	pilot

- in

- command	flight	time	in the	make	and	model	of	airplane;	and	(4 )	The	pilot	in	command	and	the	instructor	have	determined the	flight	can	be	conducted	safely.	(c)	No	person	may	operate	a	civil	aircraft	in	simulated	instrument flight	unless	(1)	The	other	control	seat	is	occupied	by	a	safety	pilot	who	possesses	at	least	a private pilot	certificate	with	category	and	class	ratings	appropriate	to	the	aircraft	being	flown.	(2)	The	safety pilot	has	adequate	vision	forward	and	to	each	side	of	the	aircraft,	or	a	competent	observer	in	the aircraft	adequately	supplements	the	vision of	the	safety	pilot;	and	(3)	Except	in	the	case	of	lighter

than

- air	aircraft,	that	aircraft	is	equipped	with	fully	functioning	dual	controls.	However,	simulated instrument	flight	may	be	conducted	in	a	single

- engine	airplane,	equipped	with	a	single,	functi oning, throw	over	control	wheel,	in	place	of	fixed,	dual	controls	of	the	elevator	and	ailerons,	when	(i)	The safety	pilot	has	determined	that	the	flight	can	be	conducted	safely;	and	(ii)	The	person	manipulating the	controls	has	at	least	a	private	pilot	cer tificate	with	appropriate	category	and	class	ratings.	(d)	No person	may	operate	a	civil	aircraft	that	is	being	used	for	a	flight	test	for	an	airline	transport	pilot certificate	or	a	class	or	type	rating	on	that	certificate,	or	for	a	part	121	proficiency	fl ight	test,	unless the	pilot	seated	at	the	controls,	other	than	the	pilot	being	checked,	is	fully	qualified	to	act	as	pilot	in command	of	the	aircraft”.	Again,	Except	when	necessary	for	takeoff	or	landing,	no	person	may operate	an	aircraft	below	the	followi ng	altitudes:	(a)	Anywhere.	An	altitude	allowing,	if	a	power	unit fails,	an	emergency	landing	without	undue	hazard	to	persons	or	property	on	the	surface.	(b)	Over congested	areas.	Over	any	congested	area	of	a	city,	town,	or	settlement,	or	over	any	open	air assembly	of	persons,	an	altitude	of	1,000	feet	above	the	highest	obstacle	within	a	horizontal	radius	of 2,000	feet	of	the	aircraft.	(c)	Over	other	than	congested	areas.	An	altitude	of	500	feet	above	the surface,	except	over	open	water	or	sparsely	populate d	areas.	In	those	cases,	the	aircraft	may	not	be operated	closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.	(d)	Helicopters,	powered parachutes,	and	weight

- shift

- control	aircraft.	If	the	operation	is	conducted	without	hazard	to	persons

or property	on	the	surface

— (1)	A	helicopter	may	be	operated	at	less	than	the	minimums	prescribed in	paragraph	(b)	or	(c)	of	this	section,	provided	each	person	operating	the	helicopter	complies	with any	routes	or	altitudes	specifically	prescribed	for	helicopt ers	by	the	FAA;	and	(2)	A	poweredparachute	or	weight

- shift

- control	aircraft	may	be	operated	at	less	than	the	minimums	prescribed	in paragraph	(c)	of	this	section	(a)	Each	person	operating	an	aircraft	shall	maintain	the	cruising	altitude or	flight	level	of that	aircraft,	as	the	case	may	be,	by	reference	to	an	altimeter	that	is	set,	when operating

— (1)	Below	18,000	feet	MSL,	to

— (i)	The	current	reported	altimeter	setting	of	a	station along	the	route	and	within	100	nautical	miles	of	the	aircraft;	(ii)	If	there is	no	station	within	the	area prescribed	in	paragraph	(a)(1)(i)	of	this	section,	the	current	reported	altimeter	setting	of	an appropriate	available	station;	or	(iii)	In	the	case	of	an	aircraft	not	equipped	with	a	radio,	the elevation	of	the	departure	airpo rt	or	an	appropriate	altimeter	setting	available	before	departure;	or (2)	At	or	above	18,000	feet	MSL,	to	29.92′′	Hg.	(b)	The	lowest	usable	flight	level	is	determined	by	the atmospheric	pressure	in	the	area	of	operation	as	shown	in	the	following	table:

O penSky believes	that	there	is	inconclusive	evidence	that	a	person	with	a	private	pilot	certificate	or license	can	successfully	maneuver	or	train	someone	to	use	an	sUAS	without	first	hand	flight experience	with	the	particular	sUAS. Flying	in	3 rd person	ori entation	requires	built

- up	experience	in that	form	of	flying	for	many	years. Therefore,	we	believe	our	own	flight	training ,	pilot	protocols and first	hand	experiences	with	the	sUAS as	laid	out	in	our	Flight	Operations	Manual	meets	and	exceeds the	requirem ents	necessary	to	safely	opera te	our	sUAS	for	the	tasks	we	pur pose

. Also,	the	sUAS	will be	operated	by	a	remote	control,	which	will	only	require a	single person	operator	and	dual	controls will	not	be	necessary.

14	C.F.R.	91.119

– Minimum	safe altitudes:	General OpenSky seeks	exemption	from	14	C.F.R.	91.119,	which	discusses	minimum	safe	altitudes. Since project	needs	are	low

- level	data	collection	and	the	majority	of	flight	will	be	less	than	200ft	MSL	and

no	more	than	400ft	MSL ,	this	would	not	p ertain	to	our	sUAS	operations

14	C.F.R. 91.121

– Altimeter	settings OpenSky seeks	exemption	from	14	C.F.R.	91.121,	which	di scusses	altimeter	settings	for	lowest	usable flight	level.
C.F.R.	91.121	states, Current	altimeter	setting Lowest	usable	flight	l evel 29.92	(or	higher) 180

29.91	through	29.42 185

29.41	through	28.92 190 28.91	through	28.42 195 28.41	through	27.92 200 27.91	through	27.42 205 27.41	through	26.92 210

(c)	To	convert	minimum	altitude	prescribed	under	§§91.119	and	91.177	to	the	minimum	flight	level, the	pilot	shall	take	the	flight	level	equivalent	of	the	minimum	altitude	in	feet	and	add	the	appropriate number	of	feet	specified	below,	according	to	the	curr ent	reported	altimeter	setting:”

Current	altimeter	setting Adjustment	factor 29.92	(or	higher) None 29.91	through	29.42 500 29.41	through	28.92 1,000 28.91	through	28.42 1,500 28.41	through	27.92 2,000 27.91	through	27.42 2,500 27.41	through	26.92 3,000OpenSky’s	sUAS	uses	both	GPS	altitude	and barometric sensors	and	relays	that	information	t o	our ground	station.		However, this data	is	used help	the	sUAS to	automatically	maintain	pos i tion	hold	at the	requ ired	elevation	and	therefore	this	code	is	not	pertinent	the	functionality	of	this	sUAS.

14	C.F.R.	91.151

– Fuel	requirements	for	flights	in	Visual	Flight	Rules	(VFR)	conditions OpenSky seeks	exemption	from	14	C.F.R.	91.151,	which	discusses	fuel	requirem ents	for	flight	in	VFR conditions.	Specifically,	91.151	states	“(a)	No	person	may	begin	a	flight	in	an	airplane	under	VFR conditions	unless	(considering	wind	and	forecast	weather	conditions)	there	is	enough	fuel	to	fly	to the	first	point	of	intended	landin g	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.	(b)	No	person	may begin	a	flight	in	a	rotorcraft	under	VFR	conditions	unless	(considering	win d	and	forecast	weather conditions)	there	is	enough	fuel	to	fly	to	the	first	point	of	intended	landing	and,	assuming	normal cruising	speed,	to	fly	after	that	for	at	least	20	minutes	”.

OpenSky ’s	sUAS	has	a typical	mission	time	of	less	than	15	minutes	with maximum	flight	time	of	25

minutes .		Since	this	amount less	than the	30	minute	reserve	minimum,	th is	reserve	minimum	would

not	even make	sense	in	allowing	the	s UAS	a	chance	to	fly. According	to OpenSky ’s	aircraft	flight manual,	the	PIC	is	instructed	to	mai ntain	flight	until	battery	power	reaches 25 % ,	or	1 st level	warning

. At	this	level,	landing	procedures	will	be	intiated.		Once	the	sUAS	reads	20%,	2 nd level	warning,	the flight	control	system	automatically	take	over	and	initiates	safe	landing	sequence	at	t he	logged	in takeoff	point. OpenSky policy	outlined	in	our	operating flight	manual	achieve s satisfactory	safety

standards

.

14	C.F.R.	91.203

- Civil	aircraft:	certification	required OpenSky seeks	exemption	from	14	C.F.R.	91.203,	which	discusses 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.	Each	U.S.	airworthiness certificate	used	to	comply	with	this	subparagraph	( except	a	special	flight	permit, a	copy	of	the	applicable	operations	specifications	issued	under	§21.197(c)	of	this	chapter, appropriate	sections	of	the	air	carrier	manual	required	by	parts	121	and	135	of	this	chapter containing	that	portion	of	the	operati ons	specifications	issued	under	§21.197(c),	or	an	authorization under	§91.611)	must	have	on	it	the	registration	number	assigned	to	the	aircraft	under	part	47	of	this chapter.	However,	the	airworthiness	certificate	need	not	have	on	it	an	assigned	special	id entification number	before	10	days	after	that	number	is	first	affixed	to	the	aircraft.	A	revised	airworthiness certificate	having	on	it	an	assigned	special	identification	number,	that	has	been	affixed	to	an	aircraft, may	only	be	obtained	upon	application	t o	an	FAA	Flight	Standards	district	office.	(2)	An	effective	U.S. registration	certificate	issued	to	its	owner	or,	for	operation	within	the	United	States,	the	second	copy of	the	Aircraft	registration	Application	as	provided	for	in	§47.31(c),	or	a	registrati on	certification issued	under	the	laws	of	a	foreign	country.	(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	th e	cabin	or	cockpit	entrance	so	that	it	is	legible	to	passengers or	crew.	(c)	No	person	may	operate	an	aircraft	with	a	fuel	tank	installed	within	the	passenger compartment	or	a	baggage	compartment	unless	the	installation	was	accomplished	pursuant	to	part

43 of	this	chapter,	and	a	copy	of	FAA	Form	337	authorizing	that	installation	is	on	board	the	aircraft. (d)	No	person	may	operate	a	civil	airplane	(domestic	or	foreign)	into	or	out	of	an	airport	in	the United	States	unless	it	complies	with	the	fuel	venting	an d	exhaust	emissions	requirements	of	part	34 of	this	chapter”. certifications.	Specifically,	91.203	states	“

OpenSky believes	that	an	appropriate	and	current	airworthiness	certificate	would	not	be	necessary to	fly	a	sUAS	given	the	size	of	the	aircraft	an d	the	necessary	level	of	skill	needed	to	operate	the

aircraft. Before	putting	in	to	service,	each	of	our	sUAS	goes	through	our	own	airworthinessproceedures	of	miminum	test	flight	and	reliability	checks.		Also,	our	sUAS	are	recalibrated	each	at	the

site	l ocation	before	each	flight	to	ensure	that	all	systems	functions	as	designed. OpenSky seeks exemption	from	this	regulation	because	we	believe	this	rule	was	not	meant	for	a	sUAS	and	operators.

14	C.F.R.	91.405,	91.407,	91.409,	and	91.417 OpenSky seeks	exemption	from	14	C.F.R.	91.405,	91.407,	91.409,	and	91.417,	which	discusses required	aircraft	maintenance,	operation	after	maintenance,	preventive	maintenance,	rebuilding,	or alteration,	inspections,	and	maintenance	records. In OpenSky ’s	aircraft flight	manual,	maintenance and	inspection	procedures	have	been	established	for	the	aircraft. OpenSky believes	these	regulations are	meant	for	manned	operated	aircrafts	and	not	unmanned	systems,	therefore	making	them

unnecessary.

Nevertheless,	we	seek	an exemption	from	any	such	specific	provisions	to	the	extent	FAA	finds	it necessary	to	grant	this	request.

(d)	The	reasons	why	granting OpenSky ’s	request	would	be	in	the	public	interest;	that	is,	how	it	would benefit	the	public	as	a	whole

.

OpenSky is	cla ssified	as	an	engineering	company by	the	U.S.	Department	of	Transportation	and provides	services	to	the engineering industry. OpenSky ’s	use	of	a	sUAS	can	assist	in collecting	and verifying critical	data	for	design	project

. With OpenSky ’s	sUAS usage	in	the engineering industry,	we will	be	able	to	gather	valuable	information	to	help	increase	safety	and	productivity.	In	addition,	the sUAS	flights	will be putting	fewer	lives	in	danger.

(e)	The	reasons	why	granting	the	exemption	would	not	adverse ly	affect	safety,	or	how	the	exemption would	provide	a	level	of	safety	at	least	equal	to	that	provided	by	the	rule	from	which OpenSky seeks exemption	Our	Engineering	department	will	provide	a	level	of	safety	that	exceeds	the	level	of	safety required	by	the FAA	for	its	use	on	sUAS.	The	following	are OpenSky ’s	safety	procedures,	features, regulations,	and	operating	specifications	for	our	sUAS:

• Our Squadron	Leader/ Chief	Pilot	in	Charge is	an	engineer	who has	10	years	of	RC	Model building	and	flight	experienc e	with	over	1000	flight	hours	in	Fixed

- wing,	Helicopter	and

Multi

- Rotor	3 rd person	flight .	He	has	been	involved	with	flight	design,	experimentation	and system	optimization	for	model	industry	since	2008	though	SAPAC,	Inc.	models.

• Our	staff	includes	an	FAA

- r ated	commercial	flight	instructor	(ret)	who	coordinates	our	FOVO team	in	integration	with	general	aviation.

• The	Pilot	In	Command	(PIC)	and Field	Operations	Visual	Observer	(FOVO) will	be	required to	wear	hard	hats,	safety	vests,	and	safety	glasses	to	prote ct	the	head	and	eyes	from	potential mishaps	during	given	operational	flights	including	training	or	testing	of	sUAS.

• The	flight	area	of	the	sUAS	will	be	observed	for	best	take	off	and	landing	locations.	Desired

conditions	include:	flat	and	level	surfaces clear	of	debris,	at	least	15ft	from	power	lines	and structures,	and	a	minimum	distance	of	12ft	from	the	PIC	and	observers.

• The	sUAS	will	also	be	in	the	Visual	Line	of	Sight	(VLOS)	to	both	the	PIC	and FOVO during	all flights.

• Flights	must	take	place	dur ing	good	weather	conditions	with	no	rain,	low	laying	clouds,	or heavy	winds.	All	flights	will	take	place	during	daylight	hours	with	no	evening	or	late	night flights.

• The	PIC(s)	of	the	sUAS	will	at	least	have 12 training	hours	or 24 flights	accrued	before being designated	working	flights	around	cellular	communication	towers.

• All	batteries	must	be	charged	completely	before	each	flight	and	each	flight	must	end	when the	battery	has	a	25%	power	level	remaining.• A	visual	safety	inspection	will	occur	before each	flight,	testing	propeller	tightness,	security mount	of	camera/detection	equipment,	remote	range	test,	and	proper	safety	equipment	is

adorned	to	PIC	and	FOVO.

• The	sUAS	will	be	flown	under	a	height	of	500	ft	AGL.

• No	PIC	or	FOVO	will	engage	in,	nor	m ay	a	PIC	or	FOVO	permit,	any	activity	during	a	critical phase	of	flight	so	as	to	ensure	that	the	sUAS	is	in	a	condition	for	safe	flight	operation	and	in	a configuration	appropriate	for	the	purpose	of	the	intended	flight.

• If	there	is	more	than	just	an operator	at	a	site	during	a	flight,	the	PIC	operator	and	observer

or	FOVO	will	maintain	two

- way	communication	with	each	other	during	all	operations;	if

unable	to	maintain	two

- way	communications,	or	if	any	condition	occurs	that	may	otherwise cause	the	opera tion	to	be	unsafe,	the	operator	will	immediately	conclude	the	operation.

• If	the	communication	link	is	lost,	the	sUAS	will	go	into	fail

- safe	mode	and	safely	descend	to its	designated	home

- point	location.	If	the	communication	link	is	reconnected	during	fail

- safe mode,	control	of	the	sUAS	can	be	regained	before	landing	occurs	at	the	home

- point	location.

• There	is	no	fuel	or	payload	to	the	sUAS,	therefore	there	will	be	no	potential	explosives	or	risk of	explosion	if	a	crash	occurs	with	the	sUAS.

• The	sUAS will	feature	a	built	in	compass	that	will	be	recalibrated	at	every	site	to	maintain accurate	directional	readings.	The	compass	will	also	help	in	keeping	the	sUAS	stable	during flights.

• The	sUAS	will	record	GPS	location	data	once	Ready	to	Fly	status	h as been	obtained.	A

minimum	of	6 satellites	will	act ivate	the	Ready	to	Fly	status.

• The weight	of	the	sUAS	is	less	than	10	lbs.	with	a	maximum	ascent	speed	of	6	m/s	and	a descent	speed	of	2	m/s.	The	aircrafts	maximum	flight	speed	is	15	m/s.

• The	aircrafts	ve rtical	and	horizontal	aspect	concerning	hovering	accuracy	is	0.8m	and	2.5m respectfully.

• The	typical	aircraft	wheelbase	will	be	less	than	60 0mm	in	length.

• The	aircraft	runs	off	a Li

- Po	battery.

(f)	A	summary	FAA	can	publish	in	the	FEDERAL	REGIST ER,	stating:	(1)	The	rule	from	which	you	seek the	exemption;	and	(2)	A	brief	description	of	the	nature	of	the	exemption	you	seek

Petitioner: OpenSky Drones,	LLC

.

Sections	of	14	C.F.R.	Affected:	21	Subpart	H;	45.23(b);	61.113(a)(b);	91.103;	91.105;	91.10 9; 91.119(c);	91.121(a)(1)(iii);	91.151(a)(1);	91.203;	91.405;	91.407;	91.409;	and	91.417

Description	of	Relief	Sought:	Petitioner	seeks	relief	from	the	requirements	of	14	C.F.R.	21 Subpart	H;	45.23(b);	61.113(a)(b);	91.103;	91.105;	91.109;	91.119(c);	9 1.121(a)(1)(iii); 91.151(a)(1);	91.203;	91.405;	91.407;	91.409;	and	91.417	to	conduct data	collection	for Environmental/Civil/Structural engineering	services	using operating	procedures	that	meet or	exceed	those	that	FAA	requires.

(g)	Any	additional	information,	views	or	arguments	available	to	support	your	request

Please	see	the	introduction	to	this	exemption	request.

(h)	If	you	want	to	exercise	the	privileges	of	your	exemption	outside	of	the	United	States,	the	reason why	you	ne ed	to	do	so The	Operations	described	in	this	exemption	request	will	be	conducted	wholly	within	the

United	States.Attached	hereto,	and	submitted	as	a confidential document,	is	our	Field	Operations	Manual . We respectfully	submit	that	good	cause	exists so	that	this	confidential	manual	does	not	need	to	be published	in	the	Federal	Register

Please	do	not	hesitate	to	contact	me	via	email	at dan @ OpenSky drones .com	if	you	have	any	questions

or	concerns.

Respectfully	submitted,

Dan	Q	Pham,	P.E.

Vice	Pr esident OpenSky Drones,	LLC