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	FAA	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	Regulations	(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,	(iii)	subject	to	controlled	access	through	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)	responsibilities	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	Environmental/Civil/Structural	engineering	field	that	

requires	access	through	inefficient,	tedious	and	dangerous	methods.		These	tasks 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	engineering	inspections	and	site	survey.			OpenSky	intends	to	utilize	sUAS	to	

greatly	reduce	the	dangers	of	human	exposure	in	these	sites.		

OpenSky is	an 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	flown	to	achieve	an	aerial	view,	video	recording,	signal analysis,	laser	measurement

and	concentration	measurements.			

Data captured	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	safety	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	44th St

Coral	Springs,	FL	33095

(954)	918-3888

Email:	dan@OpenSkydrones.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;	Simulated	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	– Operation	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	above.		

(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	certificates.	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	fuels,	and	operates	exclusively	
within	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	requirements	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.	Specifically,	

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	used	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	

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”.	

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	compliance	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	exemption	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	pilot	license	

does	not	automatically	ensure	competence	at	flying an	sUAS in	3rd 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	able	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	properly	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	that	each	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	forecasts,	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	and	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	stations
OpenSky 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	crewmember	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	

crewmember	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	with	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	than	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,	in	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	airplane	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	during	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	lighterthan-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,	functioning,	

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	certificate	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	flight	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	following	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	populated	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	helicopters	by	the	FAA;	and	(2)	A	powered	
parachute	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	airport	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:	

OpenSky 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	3rd person	orientation	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	requirements	necessary	to	safely	operate	our	sUAS	for	the	tasks	we	purpose	.	 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	pertain	to	our	sUAS	operations

14	C.F.R. 91.121– Altimeter	settings

OpenSky seeks	exemption	from	14	C.F.R.	91.121,	which	discusses	altimeter	settings	for	lowest	usable	

flight	level.

C.F.R.	91.121	states,	

Current	altimeter	setting	 Lowest	usable	flight	level	

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	current	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	 3,000	
OpenSky’s	sUAS	uses	both	GPS	altitude	and	barometric	sensors	and	relays	that	information	to	our	

ground	station.		However,	this	data	is	used help	the	sUAS	to	automatically	maintain	position	hold	at	

the	required	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	requirements	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	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.	(b)	No	person	may	

begin	a	flight	in	a	rotorcraft	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,	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,	this	reserve	minimum	would	

not	even make	sense	in	allowing	the	sUAS	a	chance	to	fly.	According	to OpenSky’s	aircraft	flight	

manual,	the	PIC	is	instructed	to	maintain	flight	until	battery	power	reaches	25%,	or	1st level	warning.		

At	this	level,	landing	procedures	will	be	intiated.		Once	the	sUAS	reads	20%,	2nd level	warning,	the	

flight	control	system	automatically	take	over	and	initiates	safe	landing	sequence	at	the	logged	in	

takeoff	point.		 OpenSky policy	outlined	in	our	operating	flight	manual	achieves 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	operations	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	identification	

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	to	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	registration	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	the	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	and	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	and	the	necessary	level	of	skill	needed	to	operate	the	

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

site	location	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	classified	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	adversely	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	experience	with	over	1000	flight	hours	in	Fixed-wing,	Helicopter	and	

Multi-Rotor	3rd 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-rated	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	protect	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	during	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	may	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	operation	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	has	been	obtained.	A	

minimum	of	6 satellites	will	activate	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	vertical	and	horizontal	aspect	concerning	hovering	accuracy	is	0.8m	and	2.5m	

respectfully.		

• The	typical	aircraft	wheelbase	will	be	less	than	600mm	in	length.		

• The	aircraft	runs	off	a Li-Po	battery.		

(f)	A	summary	FAA	can	publish	in	the	FEDERAL	REGISTER,	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;	91.109;	

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);	91.121(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	need	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@OpenSkydrones.com	if	you	have	any	questions	

or	concerns.	

Respectfully	submitted,	

Dan	Q	Pham,	P.E.

Vice	President

OpenSky Drones,	LLC