Kyle	Herring	CFI	CFII	MEI,	CEO,	FlyBy	Inc.	

3535	Simpson	Road	SE,	Rochester,	MN	55904

Phone	Number	:	1-612-396-2305

Email:	kyle@herringecologistics.com

U.S.	Department	of	Transportation	

Docket	Management	System

1200	New	Jersey	Avenue	SE	

Washington,	DC	20590

Re:	FlyBy	Request	for	exemption	from	certain	regulations	per	Section	333	of	the	

FAA	Reform	Act	and	Part	11	of	the	Federal	Aviation	Regulations.	

Dear	Director,	Flight	Standards	Service,

Petition	for	Part	21;	and	45.23(b);	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);	and	91.417(a)	&	(b)	of	Title	14,	Code	of	Federal	Regulations.	

FlyBy	plans	to	operate	the	following	UAS:

DJI	Inspire1.	

DJI	PHANTOM	2	Vision+,	which	is	comprised	of	an	unmanned	aircraft	(UA	or	

PHANTOM)	and	a	transportable	ground	station.	

DJI	Phantom	3.	

DJI	Spreading	Wings	S1000+.	

Topcon	Sirius	Pro.	

Trimble	UX5	HP.	

The	UAS	will	have	a	small	camera	affixed	to	the	UAS	and	operate	to	enhance	

academic	community	awareness,	and	augment	photographic	areas.	The	UAS	will	

provide	clients	with	new	and	picturesque	representations	of	their	property	and	its	

surroundings.	Aerial	videography	for	geographical	awareness,	real	estate	

marketing,	and	personal	photography	has	been	around	for	a	long	time	through	

manned	fixed	wing	aircraft	and	helicopters,	utilizing	a	UAS	can	provide	advantages	

for	aerial	imaging.	Granting	this	exemption	would	allow	FlyBy	to	provide	this	

service	to	clients	at	large.	Furthermore,	the	small	UAS	will	pose	less	threat	to	the	

public	given	its	small	size	and	lack	of	combustible	fuel	when	compared	to	larger	
manned	aircraft.	The	operation	of	these	UAS	will	promote	economic	growth	by	

providing	new	opportunities	to	individuals	and	businesses.		

The	Pilot	in	Command	(PIC),	will	provide	the	following	levels	of	safety:

PIC	will	only	operate	in	reasonably	safe	environments	that	are	controlled,	are	away	

from	power	lines,	elevated	lights,	airports	and	actively	populated	areas;

PIC	will	conduct	extensive	preflight	inspections	and	protocols,	during	which	safety	

carries	primary	importance.

PIC	will	operate	the	UAS	below	400	feet	AGL	and	within	a	radius	distance	of	1000	

feet	from	the	controller	to	both	aid	in	direct	line	of	sight	visual	observation;

PIC	will	operate	the	UAS	no	more	than	the	manufactures	recommended	power	

reserve	per	flight;

PIC	will	land	the	UAS	prior	to	the	manufacturers	recommended	minimum	level	of	

battery	power;

PIC	will	operate	the	UAS	only	within	Visual	line	Of	Sight	(VLOS);

PIC	will	use	the	UAS	global	positioning	system	(GPS)	flight	safety	feature	whereby	it	

hovers	and	then	slowly	lands	if	communication	with	the	remote	control	pilot	is	lost;

PIC	will	conduct	all	operations	under	their	own	personal	and	flight	safety	protocols	

(including	posting	a	warning	sign	reading:	Attention!	Aerial	Photography	in	

Progress,	Stay

Back	500	feet)	contained	in	the	operating	documents	and	will	actively	analyze	flight

data	and	other	sources	of	information	to	constantly	update	and	enhance	the	safety	

protocols;

PIC	will	obtain	necessary	permissions	prior	to	operation;

PIC	will	have	procedures	in	place	to	abort	flights	in	the	event	of	safety	breaches	or	

potential	danger.

Sincerely,

Kyle	Herring

CEO,	FlyBy	USA,	Incorporated