P.O Box 788 • BEND, OR 97709 

INFO@ELYLAW.COM • WWW.ELYLAW.COM 

July 8, 2015 

U.S. Department of Transportation 

West Building Ground Floor, Room W12-140 

1200 New Jersey Ave., SE 

Washington DC 20590 

Attn: Docket Operations 

541-550-3026 

RE: SKYCAM NW, LLC seeks Exemption Request Pursuant to Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 

subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a)(b); 14 CFR 91.7(a); 14 CFR 

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(b)(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)(1) (2); 14 CFR 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 CFR Part 11, SKYCAM NW, LLC, operator of an Unmanned Aircraft System 

(UAS), hereby applies for an exemption from the listed Federal Aviation Regulations 

("FARs") to allow commercial operation of its UAS, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333. 

Commercial operation of an UAS, as described will be equipped with camera(s) and 

sensors, would be operated in the following manner: 

1. Aerial photography and/or video for public and/or private use including real estate, 

land survey, engineering, architecture and other related professional activities. 

2. Aerial video and/or photography for public andjor private use including public 

events, news gathering and cinematography. 

3. Aerial video/photography of residential and commercial structures under contract 

with owners of private property or local government authority. 

4. Aerial inspection of residential/ commercial utility infrastructure including but not 

limited to power lines, cell towers, and wind turbines. 

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July 8, 2015 

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5. Aerial video/photography assisting with search and rescue operations when local 

authorities or government has requested. 

6. The ability to offer training to persons individually or belonging to both private 

andjor public organizations that have interests in the use and application of a UAS 

for the purpose of the safe operation of a UAS to enhance the safety of the National 

Airspace System (NAS) as well as for the protection of the persons and property. 

As described in detail below, the requested exemption would permit the operation of a UAS 

under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. 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 national airspace system." 

Name and address of applicant is: 

SKYCAM NW, LLC 

Attn: Chandler P. Cocco, Director of Operations I Chief Pilot 

Ph: 925-595-8567 

Email: chaddcocco@gmail.com 

Address: 61794 SE 27th Street, Bend, OR 97702 

Regulations from which exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (b) & (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) (1) & (2) 

14 CFR 91.417 (a) & (b) 

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July 8, 20 IS 

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SKYCAM NW, LLC will operate the DJI Inspire 1, Model T600, as well as the DJI Phantom 3 

pro. The DJI Inspire 1 has a total weight of 2935g or 6.47lbs. The dimensions of the DJI 

Inspire 1, Model T600 are 438mm x 451mm x 301mm or 17.24inch x 17.75 inch x 11.85 

inch. Under calm air conditions maximum speed is no more than 22m/s or 49mph with a 

cruising speed of 11m/s or 25m ph. The DJI Inspire 1 has the ability to hover as well as 

move along a vertical and horizontal plane simultaneously. The DJI Inspire 1 has four 

motors, Motor Model DJI 3510, powered by a 6-cell4500mAh or 5700mAh Lithium 

Polymer battery. There are four propellers, Propeller Model DJI 1345 will be in use. The DJI 

Inspire 1 will be controlled with the C1 remote controller using an operating frequency of 

2.400GHz- 2.483GHz. The live video feed will have an operating frequency of 5.728GHz5.850GHz. The applicant will operate the UAS in line of sight within a closed off and 

predetermined area owned and/ operated by the property representative. 

SKY CAM NW, LLC will operate the DJI Phantom 3 Professional which has a total weight of 

1280g or 2.81lbs. The dimensions of the DJI Phantom 3 Professional are 400mm x 400mm 

x 270mm or 590mm diagonal including propellers. Under calm air conditions maximum 

speed is no more than 15.6m/s or 35 mph. The Phantom 3 Professional has the ability to 

hover as well as move along a vertical or horizontal plane simultaneously. The Phantom 3 

Professional has 4 motors powered by a 4480mAh lithium polymer battery. There are four 

propellers, Propeller Model DJI 9450 will be in use. The Phantom 3 Professional will be 

controlled by Phantom 3 remote controller using operating frequency of 2.400GHz2.483GHz. 

The live video feed will have an operating frequency of 5.728GHz-5.850GHz. The applicant 

will operate the UAS in line of sight within a closed off and predetermined area owned 

and/ operated by the property representative. 

Given the small size of the UAS and the controlled environment provided the proposed 

operations will adhere to the Reform Act's safety requirements. The approval of this 

application presents no national security issues. Regarding the level of safety surrounding 

the proposed operations and the public benefit, reduction in environmental impacts, 

including but not limited to reduced emissions and noise, the grant of the requested 

exemption is in the public interest. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/ or property using 

conventional aircraft. 

These limitations and conditions to which the applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth in the 

Flight Operations Manual (FOM) include: 

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July 8, 2015 

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1. The UAS will weigh less than 55 lbs. 

2. The UAS will have a maximum operating speed of no more than 50 mph. 

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO). 

4. Maximum flight time for each operational flight will be 25 minutes. Flights will 

be terminated at 25% battery power reserve or 25 minutes of flight time 

whichever occurs first. 

5. Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level (AGL) or not more than 200 feet above an elevated platform from which 

filming is planned. 

6. Minimum crew for each operation will consist of the UAS Pilot, the Visual 

Observer (VO) and may include but not limited to a Camera Operator. 

7. The UAS pilot will be a designated Pilot in Command (PIC) and hold at least a 

Private Pilot's License along with a Second or higher Class Medical Certificate. If 

the PIC feels another operator to be qualified with the necessary skills to be PIC 

& possess at least a Private Pilot's License along with a Second or higher Class 

Medical Certificate, that person may be designated PIC provided they have a 

minimum of 20 hours of flight time with the UAS. 

8. A briefing will be performed regarding the planned UAS operations prior to each 

day's flight consisting of all the days' production activities. 

9. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) 

only. 

10. The flights will occur no closer than a 5 mile radius of the geographic 

center I Airport Reference Point (ARP) of a tower controlled or uncontrolled 

airport. 

11. If operations will be within a 5 mile radius of the geographic center I Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport the 

respective airports will be contacted advising them of the estimated flight time, 

flight duration, elevation of flight and other pertinent information. 

12. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of 

the requested exemption, with the appropriate local Flight Standards District 

Office (FSDO) no more than 72 hours but no less than 48 hours from planned 

operation. 

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July 8, 2015 

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13. The operator will obtain verbaljwritten consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed 

within 100 feet of the flight operation, and the radius may be reduced to 30 feet 

based upon an equivalent level of safety determination, as required under the 

FOM. With the advanced permission of the FSDO, operations at closer range may 

be approved. 

14. The PIC and VO will have been trained in operation ofUAS and receive up-todate information for the particular UAS to be operated. 

15. The PIC and VO will be able to communicate by voice, radio, and/or text at all 

times. 

16. Written and/or verbal permission and permits will be obtained from territorial, 

state, county or city jurisdictions, including law enforcement, fire or other 

appropriate governmental agencies. 

17. If the UAS loses communications with the remote controller or loses GPS signal, 

the UAS will have the capability to return to a pre-determined location within a 

designated location and land autonomously. 

18. The UAS 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 Certificates 14 C.F.R. §91.203 (a) (1) 

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

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

and limited operating area associated with the aircraft to be utilized by the 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 UAS. In all cases, an analysis of these criteria demonstrates that the UAS 

operated without an airworthiness certificate, in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed 

wing or rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured and designated area. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by both the operator and 

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July 8, 2015 

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under the requirements and in compliance with local public safety requirements. The FAA 

will have advance notice of all operations. These safety enhancements provide a greater 

degree of safety to the public and property owners than conventional operations conducted 

with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Furthermore, 

application of these same criteria demonstrates that there is no credible threat to national 

security posed by the UAS, due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial external 

load. 

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

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. Even though the UAS will have no airworthiness certificate, an 

exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot 

station on which the word "Experimental" can be placed. Given the size of the UAS, twoinch lettering will be impossible. The word "Experimental" will be placed on the fuselage in 

compliance with §45.29 (f). The equivalent level of safety will be provided by having the 

UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others 

working with the UAS will see the identification of the UAS as "Experimental." 

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

Command. 

Pursuant to 14 CFR 61.113 (a) & (b), 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. SKYCAM NW, LLC may achieve an equivalent level of safety as 

achieved by current Regulations because the applicant's UAS do not carry any pilots, 

passengers, or property. The risks attendant to the operation of UAS is far less than the risk 

levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will 

have at least a Private Pilot's License along with a current Second Class or higher Medical 

exceeding the current safety levels in relation to 14 CFR 61.113 (a) & (b). I feel the 

operation and limitations set forth in the FOM will equate to the safe operation of the UAS. 

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

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

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

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

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airworthiness. Given the size of the aircraft for maintenance and use of safety check lists 

prior to each flight an equivalent level of safety will be provided. 

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) 

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, or any combination thereof. 

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

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

room or capacity to carry such an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the pilot flying 

the UAS will have immediate access to it. 

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

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

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

for the aircraft an exemption will be needed. The PIC will take all actions as stated in the 

FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft performance data 

before initiation of flight. 

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

Section 91.109 provides that no person may operate a civil aircraft (except a manned free 

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

dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional 

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

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft 

and for flight instruction in experimental aircraft. 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 for operation of civil aircraft. Section 91.119 (d) 

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

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 

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

allow such operations. As set forth herein, the UAS will never operate at higher than 400 

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AGL with the exception that in circumstances where the UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated 

more than 200 feet above the highest 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 without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as 

well as the location where it is operated. No flight will be taken without the permission of 

the property owner or local officials. Because of the advance notice to the property owner 

and participants in the filming activity, all affected individuals will be aware of the planned 

flight operations. Compared to flight operations with aircraft or rotorcraft weighting far 

more than the maximum 55lbs proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude 

operations of the UAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. 

Section 91.121 requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set " ... to the elevation of the departure airport or an 

appropriate altimeter setting available before departure." As the UAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An 

equivalent level of safety will be achieved by the operator, pursuant to the safety check list 

and live flight data monitoring, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. 

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

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel 

to fly to the first point of intended landing, and, assuming normal cruising speed- (1) 

During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at 

least 45 minutes." 

The battery powering the UAS provides approximately 30 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited 

to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight 

area and the location of its proposed operations within 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. Operating the UAS, 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 

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July 8, 20 IS 

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

limiting UAS 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% of battery power- whichever happens first. This 

restriction would be more than adequate to return the UAS 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 provides in pertinent part: 

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

within it the following: 

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

(a) No person may operate a civil aircraft unless the airworthiness certificate 

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

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

is legible to passengers or crew. 

The UAS fully loaded weighs no more 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 UAS. 

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

the ground control point where the pilot flying the UAS will have immediate 

access to them, to the extent they are applicable to the UAS. 

14 C.F.R. §91.405 (a): 407 (a) (1): 409 (a) (2): 417(a) & (b): Maintenance Inspections. 

These regulations require that an aircraft operator or owner "shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter ... ," and others shall inspect or maintain the aircraft in 

compliance with Part 43. 

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

these sections will not apply to the applicant. The operator will Maintenance will be 

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

equivalent level of safety will be achieved because the UAS is very limited in size and will 

carry a small payload and operate only in restricted areas for a limited period of time. If 

mechanical issues arise the UAS can land immediately and will be operating from no higher 

than 400 feet AGL. The operator will ensure that the UAS is in working order prior to 

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

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

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

safety. 

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the UAS Manufacturer's User Manual. As provided in the 

FOM, the operator will ensure that the UAS is in working order prior to initiating flight and 

perform required maintenance needed. 

Additional Information 

Chandler P. Cocco, Director of Operations and Chief Pilot of SKY CAM NW, LLC is a current 

rotorcraft CFII with a current znct class medical. In addition, Mr. Cocco has been involved in 

the piloting of remote controlled aircraft as a hobby for 4 years. 

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more 

than adequate justification for the grant of the requested exemptions allowing the 

commercial operation of the applicant's UAS. 

Please do not hesitate to contact my office with any questions regarding this filing. 

Dated: July 8, 2015 

Respectfully submitted, 

Sims Ely 

Attorney at Law 

Counsel for Petitioner 

Sims Ely 

Ely Law Pro Corp 

P.O Box 788 

Bend, OR 97709 

(541) 550-3026 

sims@elylaw.com 

Name and Address of Petitioner 

SKYCAM NW, LLC 

Attn: Chandler P. Cocco 

Director of Operations / Chief Pilot 

61794 SE 27th St. 

Bend, OR 97702 

(925) 595-8567 

chaddcocco@gmail.com 

SKYCAM NW, LLC 

July 8, 2015 

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