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- UAS Exemption for Sky Tech One 2016

February 20, 2016

**UAS Exemption Request for Sky Tech One 2016**

Victor Chu Photography LLC DBA Sky Tech One 41

- 26 27 th Street APT#3G Long Island City, NY 11101

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

Re: Exemption Request Pursuant to Public Law 112

- 95, Section 333 of the FAA Reform Act and Part 11 of the Code of Federal Regulations from: 14 CFR 21 subpart H; 14 CFR 47.3(b)(2); 14 CFR 47.31(c); 14 CFR 91.9(b)(2); 14 CFR 91.109(a); 14 CFR 91. 119(d)(1); 14 CFR 91.121; 14 CFR 91.131(b)(1); 14 CFR 91.131(d)(1)&(2); 14 CFR 91.203(a)&(b); 14 C.F.R. 91.403(b)&(c); 14 CFR 91.405; 14 CFR 91.407; 14 CFR 91.409 and 14 CFR 91.417.

Note: 14 CFR Part 61 in its current form applies to manned aircraft. 14 C FR 61.3 refers specifically to flight

crew

- members that is defined in Part 1. 1 as a pilot, flight engineer, or flight navigator assigned to duty "in an aircraft" during flight time; therefore no exemptions from Part 61 is being sought for as it is not
app licable at the time of this exemption request.

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, Sky Tech One, operator of a small Unmanned Aircraft System (UAS) or shortly Unmanned Aircraft (UA) , 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 a s required by Section 333. The exemption would permit Victor Chu to operate a small Unmanned Aircraft System (UAS) for the commercial purposes stated in Docket No.: FAA

- 2015

-0150; Notice No.15

-01, including aerial video and photography over certain areas o f the United States. Briefly described: 1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering, and other related professional activities. 2. Aerial video and/or photography for pub lic and/or private use including television, public events, cinematography and news gathering. 3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority. 4. Aerial inspection/photogra phy of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers. 5. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an eme rgency or natural disaster only when the local authorities or government has requested it by contract and/or donation. 6. The ability to offer training to persons individually or belonging to both private and/or 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 fully 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.Page 2

- UAS Exemption for Sky Tech One 2016

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's and the FAA Administrator's responsibilities to “.... Establish requirements for the safe operation of such aircraft systems in the national airspace system.”

The name, address and contact information of the Petitioner is: Weiqiang Victor Chu Sky Tech One 41

- 26 27 th Street Apt 3G, Long Island City NY 11101

Regulations from which the exemption is requested: 14 CFR Part21 subpart H 14 CFR 91.131(b)(1) 14 CFR 47 .3(b)(2) 14 CFR 91.131(d)(1)&(2) 14 CFR 47.31(c) 14 CFR 91.203(a)&(b) 14 CFR 91.9(b)(2) 14 C.F.R. 91.403(b)&(c) 14 CFR 91.1 09(a) 14 CFR 91.405 14 CFR 91.119(d)(1) 14 CFR 91.407 14CFR91.121 14CFR91.409 14 CFR 91.417

**Description and specifications of UAS t o be used by the Petitioner**  DJI Phantom 3 Professional Weight (including battery and propellers) 2.8 pounds Diagonal size (including propellers) 23.3 inches Max Speed 35.8 mph (no wind) GPS Mode GPS/GLONASS Aircraft means of propulsion = Electric via Lithi um Polymer Batteries Battery Capacity 4480 mAh Voltage 14.8 Volts Max Flight Time Approximately 23 minutes

DJI Phantom 2 Weight (including battery and propellers) 2.9 pounds Diagonal size (including propellers) 23.3 inches Max Speed 34 mph (no wind) GPS Mode GPS/GLONASS Aircraft means of propulsion = Electric via Lithium Polymer Batteries Battery Capacity 5200 mAh Voltage 14.8 Volts Max Flight Time Approximately 15 minutes

DJI Inspire 1 Weight (including battery and propellers) 6.6 pounds Diagonal size 2 2.8 inches Max Speed 49.8 mph (no wind) GPS Mode GPS/GLONASS Aircraft means of propulsion = Electric via Lithium Polymer Batteries Battery Capacity 5700 mAh Voltage 22.8 Volts Max Flight Time Approximately 18 minutesPage 3

- UAS Exemption for Sky Tech One 2016

The Petitioner will operate the UAS i n line of sight within a 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 approva l 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. Accordingly the Petitioner requests that the FAA grant the requested exemption with minimum delay.

**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 persons, property and also manned aircraft in the NAS. These limitations and conditions to which the Petitioner, hereafter referred to as the operator, agrees to adhere to when conductin g commercial operations under the FAA issued exemption limitations, and as set forth in the Flight Operations Manual (FOM) include: 1. The small UAS, as specifically designated and described in this petition, will weigh less than 55 lbs including payload. 2. The UA will be operated within visual line of sight (VLOS) at all times by the operator or visual observers. (VO). 3. The UA will remain close enough to the operator so that human vision unaided by any device other than corrective lenses will be used. 4 . The UA will not be operated over persons not directly involved in the operation unless those persons remain under a covered structure. 5. The UA will only be operated during daylight (official sunrise to official sunset of local operation area) unless sp ecific authorization from the FAA is granted prior to operations. 6. The operator may use VOs for certain operations and will ensure each VO is trained on procedures listed in the operator's FOM. 7. The UA will not be operated at a speed exceeding 87 knots (1 00 miles per hour) using ground speed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufact urer. 8. The UA will be operated at an altitude of no more than 500 feet above ground level (AGL). Altitude will be measured in feet AGL. If an object to be inspected, such as an antenna, exceeds 500 feet AGL, the operator will limit the flight to within 2 00 feet higher than the structure being photographed. The operator will notify the FAA and local authorities of the proposed plan to include date, time, location and height of the object to be inspected prior to operations. The UA will be flown in safe man ner in close proximity to the object as to not interfere with traffic in the NAS. 9. The UA will not be operated unless visibility is greater than day requirements listed in 14 CFR 91.155 for the Class of airspace at the operator's ground station, on locat ion. 10. The UA will not be operated in Class A airspace (18,000 feet and above). 11. The operator will receive ATC permission prior to operations in Class B, C, D and E airspace. 12. The operator will ensure that any VOs, if used, will only monitor one UA at any given time. 13. The operator will not allow operations from a moving vehicle or aircraft, except for watercraft on the
water. 14. The operator will not conduct any careless or reckless operations. A flight will be terminated immediately as possible if the safety of the operation cannot be maintained.Page 4

- UAS Exemption for Sky Tech One 2016

15. Prior to each flight, the operator will conduct a pre

-flight inspection and determine the UAS is in a condition for safe flight. The pre

-flight inspection must account for all potential discrepancie s, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed, logged and the UAS is found to be in a condition for safe flight. 16. The operator will not operate any UA if a physical or mental condition would prevent the safe operation of that aircraft. 17. When using a VO or VOs, the operator and VO must be able to communicate at all times. Ra dio communications or communication

- assisting devices may be used. Electronic messaging or texting will not be permitted during flight operations. Daisy

- chaining of VOs for the purpose of expanding the operations area will not be permitted. 18. The operato r will be responsible to see and avoid all other users of the NAS in which the UAS is operating. 19. The holder of this exemption will be responsible to ensure its aircraft are properly registered in accordance with 14 CFR Part 47, and have identification (N

- Number) markings in accordance with 14 CFR Part 45, Subpart C. Markings must be as large as practicable. 20. The UAS operator will be designated before the flight and cannot transfer his or her designation for the duration of the flight unless a medical duress or unforeseen emergency is preventing safe operation of the UAS. In which case the VO, who has been deemed qualified and trained in the operation of the UAS, will operate the controls to land the UA in a predetermined "emergency plan" set forth by the operator who was granted this exemption. The holder of this exemption must ensure that VOs, if used, can perform the duties required of a VO. 21. Documents for UAS operations and maintenance will be made available to the FAA upon request. If a discrepa ncy exists between the conditions and limitations in this exemption and the procedures outlined in the FOM, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in the FO M. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present revised documents to the FAA or any law enforcement official upon request. If the operator determines that any update or revision would affect the basis upon which the FAA granted an exemption, then the operator must petition for an amendment to its grant of exemption. The FAA's UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents. 22. Any UAS that has undergone maintenance or alterations that affect UAS operations or flight characteristics, e.g. replacement of a flight critical component, must undergo an operational check flight prior to conducting furth er operations under this exemption. Operational check flights may only be conducted by a qualified operator familiar with the specific UAS being checked and must remain 500 feet from any persons unless they remain under a covered structure. (NPRM wording) The operational check flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 23. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 24. Th e operator must follow the UAS manufacturer's maintenance; overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 25. The holder of this exemption will follow manufacturer's safety bulletins for each UAS op erated under this exemption. 26. The holder of this exemption will ensure that each operator is 17 years or older, a US citizen and has a state issued driver's license. 27. The holder of this exemption will require that its operators demonstrate the ability to safely operate the UAS in a manner consistent with how the UAS will be operated in this petition, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. Qualification flight hours and currency may be logged in a manner consistent with 14 CFR 61.51 (b). Flights for the purposes of training the operator's and VOs (training, proficiency, andPage 5

- UAS Exemption for Sky Tech One 2016

experience

- building) and determining the ability to safely operate the UAS in a manner consistent with how the UAS will be operated, will be permitted. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights will be conducted 500 feet from any persons that are not intended to be part of such training operations unless those persons remain under a covered structure. 28. The operator will use UAS that have safety features allowing it to return to a preset location if it loses communications with its ground st ation. The operator will set this pre

- determined location within the private or controlled

- access property as to minimize any possible contact with objects. 29. The operator is prohibited from beginning a flight (considering wind and forecast weather condi tions) unless there is enough available power for the UA to conduct the intended operation and to operate after that with at least 25% energy reserves or with the reserve power recommended by the manufacturer, whichever is greater. The operator will perfor m training tests, in a designated training area as prescribed herein, to assess the true energy characteristics of the specific UAS battery system to determine the actual flight time for reserve battery power. Said energy tests will deem the "safety" opera ting procedure for actual emergencies and useful flight time. 30. The exemption holder will ensure that operators and VOs have a copy of this exemption, the FOM and applicable aircraft registrations located at the ground station during operations. These do cuments will be made available to the Administrator or any law enforcement official upon request. 31. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representati ve. 32. The exemption holder will be responsible to report to the FAA any small UAS operation that results in: (1) any injury to a person; or (2) damage to property other than the small unmanned aircraft. The report would have to be made within 10 days of the operation that resulted in injury or damage to property. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Current NTSB accident reporting is required when 1) An y person suffers death or serious injury. 2) Any UAS with max gross takeoff weight exceeding 300 pounds sustains substantial damage. Operations for closed

- set motion picture and television filming and production include the following limitations: 33. The o perator must have a motion picture and television operations manual (MPTOM) in his/her possession. 34. At least 3 days before aerial filming, the operator of the UAS must submit a written Plan of Activities to the local Flight Standards District Office (FS DO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming; c. Name and phone number of the person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N

- Number of UAS to be used; e. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; f. Signature of operator or representative; and g. A description of the flight activity, incl uding maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation. 35. Flight operations may be conducted over/near participating persons consenting to be invol ved and necessary for the filming production, as specified in the operator's MPTOM. Regulations from which the exemption is requested: 14 CFR Part 21, Subpart H and 14 CFR §91.203(a)(1)&(b): Airworthiness CertificatesPage 6

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Subpart H, entitled Airworthiness Cert ificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 CFR 91.203(a)(1 ). Given the size and limited operating area associated with the aircraft to be utilized by the Petitioner, 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 t he 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 des ignated 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 local public safety requirements. 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. Lastly, 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, nearly silent operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

**EXEMPTIONS AND CO NSIDERATIONS REQUESTED WITH REASONING:**  14 CFR 47.3(b)(2) and 14 CFR 47.31(c) and 14 CFR 91.203(a)(2): Registration required This regulation states in part: No person may operate an aircraft that is eligible for registration under 49 U.S.C. 44101

-44104 unle ss the aircraft is carrying aboard the temporary authorization required by §47.31(c). Part 91.203(a)(2) reads similar. The Petitioner will be operating small UAS. Placing registration paperwork inside the UA will be impractical. An equivalent level of safe ty can be achieved by the Petitioner ensuring that all temporary or permanent registration paperwork for the UAS being operated is located on site at the ground station as stated in item 30 in this document. 14 CFR 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 of this 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 UAS flight manual at the ground station where the UAS operator will have immediate acces s to it. 14 CFR 91.1 09(a): Flight Instruction Section 91.1 09(a) 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. The Pe titioner will be operating small UAS that do not have fully functional dual controls. Flight control is accomplished through the use of a control box transmitter that communicates with the aircraft via radio communications. The equivalent level of safety i s 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. Flight instruction is accomplished by handing the transmitter between the instructor and trainee or by the use of a buddy box system. Instruction will also be accomplished in accordance with item 27 in this document. 14 CFR 91.119(d)(1): Minimum Safe AltitudesPage 7

- UAS Exemption for Sky Tech One 2016

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119( d)( 1) 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 similar to a helicopter and the exemption r equests authority to operate at altitudes up to 500 AGL, or not more than 200 above a structure 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 500 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 500 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure in accordance with procedures outlined in item 8 of this document. 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. Bec ause 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 rotor

- craft weighting far more than the maxim um 551bs. proposed herein and the lack of flammable fuel, noise and 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 t he UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. The procedures outlined in this document prohibit flight over persons not involved in operations unless they remain under a covered structure. 14 CFR 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 appropria te altimeter setting available before departure." As the small UAS does 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. Flights will be conducted 500 feet above that read out or within 200 feet above the highest point of the structure be ing filmed as outlined in item 8 of this document 14 CFR 91.131(b)(1): Pilot requirements for Class B airspace This regulation states that no person may operate a civil aircraft within a Class B airspace unless that person is a private pilot, recreational pilot, sport pilot or is a student pilot that meets requirements of §61.94 or §61.95 of this chapter. An exemption from this regulation may be required. An equivalent level of safety will be achieved by operating the small UAS at altitudes listed in the li mitation section of this document. The UA will not be landing or departing from airports in Class B airspace nor flying through Class B airspace. The UAS will be flown in a controlled environment within VLOS. The UAS operator will require ATC permission pr ior to conducting operations and will give right of way to any manned aircraft. 14 CFR 91.131 (d)(1 )&(2): Equipment requirements for Class B airspace The regulation states that no person may operate an aircraft in Class B airspace unless it is equipped wi th a transponder and after January 1, 2020 an ADS

- Bout system. An exemption may be required. Due to the size, weight and payload capacity of the small UAS, installing these systems is not practical. An equivalent level of safety will be achieved by operati ng the small UAS at altitudes listed in the limitations section of this document. 14 C.F .R. 91.403(b)&(c); 91.405; 91.407; 91.409; 91.417: Maintenance and 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, have discrepancies repaired as prescribed in part 43 of this chapter ... ," and others shall inspect or maintain the aircraft in accordance with Part 43. Part 43 onl y applies to aircraft with a US airworthiness certificate or foreign registered aircraft operating in common carriage under provisions of Part 121 or 135. These sections will not apply to the Petitioner who will be operating a small UAS. An equivalent leve l of safety will be achieved as the UAS will be maintained in accordance with the UAS manufacturer's instructions and limitations listed in the operator's FOM. The small UAS will carry a small payload and operate in a controlled area for a limitedPage 8

- UAS Exemption for Sky Tech One 2016

period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 500 feet AGL, without prior FAA authorization. The operator will ensure that the UAS is in working order prior to initiating flight, perform required and preventative 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.

Additional:

Victor Chu has worked for the New York Daily News as a full time photojournalist and his work has also been published in AP, The Wall Street Journal, New York Post and Daily Mail UK.

Currently, he is freelance photographer who regularly shoot s for Bronx Borough President Ruben Diaz Jr. as well as Mercy College and Montefiore Medical Center.

He has been flying RC aircraft for almost ten years and operating UAV’s for more than two years. He is a member of UAVSA and NYC Drone User Group.

**PERSON AL STATEMENT OF INTENTIONS AND TRUSTWORTHINESS FROM OPERATOR VICTOR CHU:** 



### I am always trying to help people in need, and I have helped many people out of their everyday difficulties as well as from more dangerous situations. I am a firm believer of karma.

I have always been a proponent of technology and gadgetry, and I take every opportunity to learn and utilize the best of what the tech world has to offer. It is especially worthwhile and rewarding to use technology to help people. I am very interested in new frontiers of science and photography, and that is one of the reasons I became fascinated with drones in the first place.

I find inspections to be of utmost importance, as it relates to safety for other people and for myself, and it is especially neces sary to inspect before flying into less explored territory. I have always been concerned with safety with my crafts, often taking multiple precautionary measures, such as spotters, prop guards, a GPS tracker, insurance, avoiding groups of people, cars, etc . to insure safety.

I believe I am qualified and trustworthy because I have almost 10 years experience in flying RC planes, and more than two years of studying and using drones. I have been a professional photographer for nearly 10 years, and have been en trusted to cover serious news topics in the media for over four years.

I also always carry liability insurance. I stay up

-to

- date with FAA regulations and follow drone updates hawkishly. I respect the well being of others around me, and I do not take risks that endanger others. In short, whether it’s with friends, family, relationships, work or drones

-- I just must always do the right thing.

Thank you for your considerations. Victor Chu