# sky kauai images

44 Lihau Street, Kapaa, HI 96746 PH: 808-375-6004

May 11, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 CFR 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 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b)

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Sky Kauai Images, operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial videography and photography for the motion picture, tele vision, and commercial videography industry for closed set filming, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of it s sUASs, so long as such operations are

conducted within and under the condi tions outlined herein or as may be established by the FAA as required by Section 333.

As described more fully below, the request ed exemption would pe rmit the operation of small, unmanned and relatively inexpensive sUAS under cont rolled conditions in the NAS that is 1) limited 2) pr edetermined 3) controlled as to access. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the nati onal airspace system.” Section 333(c) of

the Reform Act.

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The name and address of the applicant is:

Sky Kauai Images Troy Keipper

44 Lihau Street Kapaa, HI 96746

Ph: 808-375-6004 troy@skykauai.com troykeipper@yahoo.com

Regulations from which t he exemption is requested:

14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR 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 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exemption application is expressly s ubmitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This la w directs the Secretary of Transportation to consider whether cert ain unmanned aircraft sys tems may operate safely in the national airspace system (N AS) before completion of the rulemaking required under Section 332 of the Reform Act. In maki ng this determination, the Secretary is required to determine which types of sUASs do not create a hazard to users of the NAS or the public or pose a thr eat to national security in light of the following:

• The sUAS’s size, weight, speed, and operational capability; • Operation of the sUAS in close prox imity to airports and populated areas • Operation of the sUAS within vis ual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secret ary determines that such vehicles “may operate safely in the national airspace system, the Secretar y shall establish

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requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms include s exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil

aircraft must have a current airworthiness certificate.

The Administrator may grant an exempti on from a requirement of a regulation prescribed under subsection or (b) of this section or any secti ons 44702-44716 of this

title if the Administrator fi nds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 US C §44704; 14 CFR §91.203 (a) (1).

Sky Kauai Images’s sUASs are rotorcraft, wei ghting 55 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the ve rtical and horizontal plane simultaneously. They will operate only in line of sight and will operate only within a predetermined and closed off property area under the permissi on of the property representative as

described in the Confidential Motion Pi cture and Television Operations Manual, attached as Exhibit 1 (hereina fter “the Manual”). Such operati ons will insure that the

sUAS will “not create a hazard to users of the national airspace system or the public. Such operations will insure that the sUAS will “not create a haz ard to users of the national airspace system or the public” as per the Reform Act Section 333 (b).

Applicant submits this Conf idential Motion Picture and Tele vision Operations Manual as

a Confidential document under 14 CFR 11.35 (b) as the entire manual contains proprietary information that the applicant has not and will not share with others. The manual contains operating conditions and procedur es that are not ava ilable to the public and are protected from release under the Freedom of Information Act 5 USC 552
et.seq.

Given the small size of the sUASs involved and the restricted ster ile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which C ongress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also due

to the size of the sUASs and the restricted areas in which the relevant sUASs will operate, approval of the applicat ion presents no national securi ty issue. Given the clear

direction in Section 333 of the Reform Act, the author ity contained in the Federal Aviation Act, as amended; the strong equival ent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, includi ng reduced emissions associated with allowing sUASs for movie and commercial videography operations, the grant of the requested exemptions is in the public intere st. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

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AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that t he exemption request ed herein apply to civil aircraft that have the characteristics and that operate wi th the limitations listed herein. These limitations provide for at leas t an equivalent or even higher leve l of safety to operations under the current regulatory structure bec ause the proposed operations are conducted on closed off property under the permission of the property owner or property representative.

These limitations and conditions to which Sky Kauai Images agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for each operatio nal flight will be 30 minutes. Flights will be terminated at 25% battery power rese rve should that occur prior to the 30

minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned. 5. Minimum crew for each operation will c onsist of the sUAS Pilot, and the Visual

Observer. 6. sUAS Pilot will be Pilot in Command (P IC). If the PIC deems another operator to be qualified with the necessary skills to be PIC, that person can also be designated as PIC provided they have a mi nimum of 40 hours of flight time with

the sUAS. 7. Flights will be operated at a lateral dist ance of at least 50 f eet from any inhabited structures, buildings, vehicles, vesse ls, or people not associated with the operation or who have not signed a waiv er in advance of the operation. 8. A briefing will be conducted in regar d to the planned sUAS operations prior to each day’s production activities. It will be mandatory that all personnel involved with the operational duties of the fli ght within the boundaries of the safety perimeter be present for this briefing. 9. The operator will file an FAA Form 7711- 1, or its equivalent, as modified in light of the requested exemption, with the appr opriate local Flight Standards District

Office. 10. The operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduc ed to 30 feet bas ed upon an equivalent level of safety determination. With the advanced permission of the relevant FSDO, operations at closer range can be approved. 11. The operator will file an FAA Form 7711- 1, or its equivalent, as modified in light of the requested exemption, with the Fl ight Standards District Office ("FSDO").

12. Pilot and observer will have been tr ained in operation of sUAS generally and received up-to-date information on the particular sUAS to be operated.

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13. The observer designated for any operation will have at least a class 2 medical certificate. 14. Observer and pilot will at all times be able to communicate by voice, radio, and/or text. 14. Written and/or oral permission from t he relevant property holders or property representatives will be obtained. 15. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcemen t, fire, or other appropriate governmental agencies.

16. If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to a pre-determined location within the Security Perimeter and land autonomously. 17. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificat es 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates , establishes the procedural requirements

for the issuance of airworthiness certificat es as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Se ction 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 requirem ent for an airworthiness certificate, upon consideration of the size, weight, speed, ope rational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria

demonstrates that the sUAS operated without an airworthi ness certificate, in the

restricted environment and under the condition s proposed will be at least as safe, or safer, than a conventional aircraft (fix ed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive ma terials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with loca l public safety require ments, to provide security for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. Thes e safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness cert ificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of

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operation, location of operation, lack of expl osive materials or flammable liquid fuels, and inability to carry a s ubstantial external load.

14 C.F.R. § 45.23 (b). Ma rking 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-s port category aircraft or experimental or provisionally certificated aircraft, the operat or must also display on that aircraft near each entrance to the cabin, cockpit, or pilot st ation, in letters not less than 2 inches nor more than 6 inches high, the wo rds "limited," "restricted," "li ght-sport," "experimental," or "provisional," as applicable.

Even though the sUAS will have no airwor thiness 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 sUAV, two-inch lettering will be impossible. The word “Experim ental” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the

sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulati on to Exemptions Nos. 10700, 8738, 10167 and

10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilo t Privileges and Limitations: Pilot in

Command. Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operati ons by requiring the PIC operating the aircraft to have no less than 40 hours of flight time wi th the sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is cont rolled and restricted, and all flights are planned and coordinated in advance.

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 airwor thiness certificate issued for the aircraft, should this exemption be grant ed, no FAA regulatory standard will exist for determining

airworthiness. Given the size of the airc raft for maintenance and use of safety check lists prior to each flight, as se t forth in Sections J, L and Q, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircra ft 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 Flig ht Manual is not required by §21.5 of this chapter, unless there is available in the ai rcraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, ma rkings, and placards, or any combination

thereof.

The sUAS, given its size and conf iguration 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 main tained by keeping the flight manual at the ground control point where the pilot flying t he sUAS will have immediate access to it.

The FAA has issued the followin g exemptions to this regul ation: 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 manual s will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirement s, landing and takeoff distances and aircraft performance data before in itiation of flight.

14 C.F.R. §91.109: Flight instruction: Section 91.103 provides t hat no person may operate a ci vil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplis hed through the use of a control box that

communicates with the aircraft via r adio communications. The FAA has approved exemptions for flight tr aining without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exem ption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that 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 fo r operation of civil ai rcraft. Section 91.119 (d) allows helicopters to be operated at le ss than the minimums prescribed, provided the person operating the helicopter complies wi th any route or altitudes prescribed for helicopters by the FAA. As this exempti on is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than

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200 above an elevated platform from whic h filming is planned, an exemption may be needed to allow such operations. As set fort h herein, the sUAS wi ll never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is used to survey or photograph a structure whose he ight exceeds 400 feet AGL, the sUAS will not be operated more than 100' above the highes t point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations wit hout their pre-obtained consent.

The equivalent level of safety will be achi eved given the size, weight, speed of the

sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local offi cials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compar ed to flight operations with aircraft or rotorcraft weighting far more than the ma ximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional airc raft operating at or below 500 AGL in the movie industry. In addition, the low-alti tude operations of the sUAS will ensure separation between these small- UAS operat ions and the operations of conventional aircraft that must comp ly 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 befor e departure.” As the sUAS may not have a barometric altimeter, but instead a GPS al titude read out, an exemption may be needed. An equivalent level of safety will be achiev ed by the operator, pursuant to the safety check list and live flight data monitoring, c onfirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirement s for Flight in VFR Conditions Section 91.151 (a) prohibits an individual fr om beginning “a flight in an airplane under VFR conditions unless (considering wind an d forecast weather conditions) there is enough fuel to fly to the first point of intended landi ng, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 mi nutes; or (2) At night, to fly

after that for at least 45 minutes.”

The battery powering the sUAS provides appro ximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in l ength. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations wi thin a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions.

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See Exemption 10673 (allowing Lockheed Ma rtin Corporation to operate without compliance with FAR 91.151 (a)). Operating t he small UAS, in a tightly controlled area where only people and property owners or of ficial representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Secti on 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiti ng sUAS flights to 10 minutes would greatly reduce the utility for which t he exemption will be granted.

Applicant believes that an equivalent level of sa fety can be achieved by limiting flights to 30 minutes or 25% of battery power— whichever happens first. This restriction would be more than adequate to return the sUAS to it s 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: 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 airw orthiness certificate. . . . 2. 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 cockp it entrance so that it is legible to

passengers or crew.

The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or pl ace to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achi eved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. T he 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): Mainte nance Inspections These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of th is 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 ot hers shall inspect or maintain the aircraft in compliance with Part 43.

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Given that these section 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 equivalent level of safety will be achieved be cause these small UASs are very limited in size and will carry a small payload and oper ate only in restricted areas for limited periods of time. If mechanical issues aris e the sUAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the sUAS is in working order prior to initiating fligh t, 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 ai rcraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achi eved because maintenance and inspections will be performed in accordance with the sUAS M anufacturer's Manual, as referenced in the Aircraft OperationsManual. As provided in the Operations Manual, the operator will ensure that the sUAS is in working order pr ior to initiating flight and perform required

maintenance needed.

********* Pursuant to 14 C.F.R. Part 11, the followi ng summary is provided for publication in the Federal Register, should it be det ermined that publication is needed:

Applicant seeks an exemption fr om 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 operat e commercially a small unmanned vehicle (55lbs or less) in motion picture, te levision, and commercial videography operations.

Approval of exemptions allowing commercial operations of sUASs in the film industry will enhance safety by reducing risk. Convent ional film operations, using jet or piston power aircraft, operate at extremely low altitu des just feet from the subject being filmed and in extreme proximity to people and struct ures; and present the risks associated with vehicles that weigh in t he neighborhood of 4,000lbs., carryi ng large amounts of jet A or other fuel (140 gallons for je t helicopters.) Such aircraft mu st fly to and fr om the film location. In contrast, a sUAS weighing fe wer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced ma ss and lack of combustible fuel

carried on board. The sUAS is carried to the film set. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighting le ss than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, in cluding exempting the applicant from the requirements of Part 21 and allowing commerc ial operations. These lightweight aircraft

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operate at slow speeds, close to the gr ound but under 400 feet AGL, and in a sterile environment and, as a result, are far safer than conventional flight operations conducted with turbine helicopters operating in close proximity to the ground and people.

Additional Information Mr. Keipper is also a registered professional engineer with the State of Hawaii, license No. 16222. For sample videos and images captured using our equipment, please visit www.skykauai.com

.

Privacy All flights will occur over private or controlled access property with the property representative or owner’s prior consent and knowledge. Filming will be of people who have also consented to being filmed or other wise have agreed to be in the area where filming will take place.

All flights will occur in accordance with any state or local laws regarding privacy.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, operating capabilities, prox imity to airports and populated areas and operation within visual line of sight and nat ional security – provide more than adequate justification for the grant of the requested exemptions al lowing commercial operation of applicant’s sUAS in the motion picture, te levision, and commercial videography industry.

Sincerely,

Troy Keipper Sky Kauai Images