July 30, 2015

Exemption No. 12234

Regulatory Docket No. FAA–2015-1923

Mr. Richard Boyle

dba Sky Eye View

3753 Swetland Drive

Doylestown, PA 18902

Dear Mr. Boyle:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 14, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Sky Eye View (hereinafter petitioner or operator) for an exemption. The petitioner

requested to operate an unmanned aircraft system (UAS) to conduct aerial photography and 

videography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI S1000.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 
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aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1

. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Richard Boyle dba Sky Eye View is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Richard Boyle dba Sky Eye View is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI S1000 when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed 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 manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
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the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this 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.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must 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 discrepancies, 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 and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, 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.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) 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 conducted 

under this grant of exemption;

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. Name and certificate number of UAS PICs involved in the aerial filming;

f. 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;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including 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.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Richard Boyle (dba Sky Eye View) Section 333 Exemption Request 

Contact Information: 

Richard Boyle (dba Sky Eye View)

3753 Swetland Drive

Doylestown, PA 18902

Phone: (215) 429-1409

Email: skyeyecandy@gmail.com

May 14, 2015 

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave, SE 

Washington, DC 20590 

Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 

Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 

91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) ; 

91.119c 

Dear Sir or Madam, 

I, Richard Boyle (dba Sky Eye View), am writing pursuant to the FAA Modernization and Reform 

Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Richard Boyle 

(dba Sky Eye View), Academy of Model Aeronautics (AMA) Member, Association for Unmanned 

Vehicle Systems International (AUSVI) Member, be exempted from the Federal Aviation 

Regulations (“FARs”) listed below so that I, Richard Boyle (dba Sky Eye View), may operate my 

state-of-the-art professional grade small unmanned aircraft systems (sUAS) commercially in 

airspace regulated by the Federal Aviation Administration (FAA). 

The sUAS are as follows:

1. DJI S1000 octocopter using the DJI A2 flight controller with Zenmuse gimbal and Panasonic 

GH4 camera. Maximum take off weight is 24 pounds.

2. DJI S1000 octocopter using the DJI A2 flight controller with Zenmuse gimbal and Panasonic 

GH3 camera. Maximum take off weight is 24 pounds.

Flight operations and control for both are identical since both use the same DJI A2 flight 

controller and prescribed flight envelope exemptions will be the same. Line of site (LOS) 

operation only, 400 foot altitude restriction, maximum 30 knot speed, and 1500 foot maximum 

lateral distance, Both sUAS have GPS guidance systems with fail-safe and return to home 

capability. I have 100+ hours of flight time experience with each sUAS and I will be the sole 

operator of the sUAS. 

I, Richard Boyle (dba Sky Eye View), have flown sUAS for recreational purposes and I am 

knowledgeable of current FAA guidelines and regulations. My intent for the commercial use of 
these sUAS is to create videos and photographs for people who can benefit from the unique 

vantage provided by my equipment and services.

My exemption request would permit operation of sUAS in predetermined in areas away from 

general public, airports, heliports and vehicular traffic for community videos, and within property 

boundaries for small business and individual real estate listing videos and photos with the 

permission of the property owners or designee. Currently, similar sUAS are legally operated by 

unmonitored amateur hobbyists with no safety plan or controls. I, Richard Boyle (dba Sky Eye 

View), have personally instilled safety systems within AMA guidelines, AC 91.57 circular, and 

completed a comprehensive training program provided by the sUAS dealer where I purchased 

the sUAS. 

Operation of the sUAS will be per attached user guides and modified RCAPA checklists, AC 

91-57 (400 foot max altitude, line of site (LOS) operation only, not within Class C or B airspace, 

and only in Class D with prior permission and Transceiver contact with Control tower, Class G 

and E airports at least 3 miles from airports or with proper Airspace procedures Authorization or 

Contact, and under visual flight rules (VFR). 

Granting my, Richard Boyle (dba Sky Eye View), request comports with the Secretary of 

Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate sUAS's 

into the national airspace system, but to “...establish requirements for the safe operation of such 

aircraft systems [sUAS] in the national airspace system” under Section 333(c) of the Reform Act 

specific to the use of sUAS for aerial media and real estate purposes. Further I, Richard Boyle 

(dba Sky Eye View), will conduct my operations in compliance with the protocols described 

herein or as otherwise established by the FAA. 

For the following reasons I, Richard Boyle (dba Sky Eye View), respectfully request the grant of 

an exemption allowing me to operate remote controlled sUAS: 

1. Community awareness to benefit and enhance attraction to the Southeastern Pennsylvania 

area.

2. Utilize aerial media for small business and real estate listing videos for homeowners who 

cannot afford expensive manned aircraft for the same purpose. 

3. Cost effective commercial infrastructure inspection to promote public safety. 

This exception is similar and has precedence as exemption 11153 (Burnzeye View, INC.) and 

exemption 11138 (Douglas Trudeau). 

I have attached the following documents with my request:

1. Operator Manuals for the DJI S100 (Quick Start and Full)

2. Operator Manual for the DJI A2 Flight System

3. Operator Manual for the DJI Lightbridge System

4. Operational/preflight checklist guidelines 
The specific sections of Title 14 of the Code of Federal Regulations from which Richard Boyle 

(dba Sky Eye View) requests exemption are: 

14 C.F.R. Part 21

14 C.F.R. 45.23(b);

14 C.F.R. Part 21;

14 C.F.R. 61.113(a)&(b); 91.7(a);

91.9(b) (2);

91.121;

91.151(a); 91.203(a)&(b); 91.405(a);

91.407(a) (1);

91.409(a) (2); 91.417(a)&(b) ;

91.119c 

The extent of relief Richard Boyle (dba Sky Eye View) seeks and the reason he seeks such 

relief: 

I, Richard Boyle (dba Sky Eye View), submit this application in accordance with the Reform Act, 

112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent 

me, Richard Boyle (dba Sky Eye View), contemplated commercial cinematic, academic, and 

other flight operations within the national airspace system. The Reform Act in Section 332 

provides for such integration of civil unmanned aircraft systems into our national airspace 

system as it is in the public’s interest to do so. My, Richard Boyle (dba Sky Eye View)’s, sUAS 

meet the definition of “small unmanned aircraft” as defined in Section 331 and therefore the 

integration of sUAS are expressly contemplated by the Reform Act. 

I would like to operate my sUAS commercially prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such craft. The Reform Act guides the Secretary 

in determining the types of UAS's that may operate safely in our national airspace system. 

Considerations include: The weight, size, speed and overall capabilities of the sUAS; whether 

the sUAS will be operated near airports or heavily populated areas; and, whether the sUAS will 

be operated by line of sight (LOS). 112 P.L. 95 § 333 (a). Each of these items reflect in favor of 

an exemption for me, Richard Boyle (dba Sky Eye View). My sUAS use eight (8) counterrotating propellers for balance, control and stability. My sUAS are equipped with GPS and auto 

return fail safe technology. Weighing less than twenty four (24) pounds, below the maximum 55 

pound limit, including cameras and gimbals. 

I, Richard Boyle (dba Sky Eye View), consider safety the main priority of each flight. I am an 

experienced sUAS pilot and have knowledge of airspace and manned flight operations. I have 

100+ hours of flight experience and will operate each flight per attached user guides and 

modified RCAPA checklists, AC 91-57 (operation between sunrise and sunset, 400 foot max 

altitude, line of site (LOS) operation, not within Class C or B airspace, only in Class D with prior 

permission and Transceiver contact with Control tower, Class G and E airports at least 3 miles 

from airports or with proper Airspace procedures Authorization or Contact, and under visual 

flight rules (VFR). 

The sUAS and control systems operate with GPS and accelerometers which keep the craft in 

place with no control input and allow return to home if the radio control signal is lost. 
To further ensure safe flights I always use a fully charged and tested lithium battery and land 

once voltage drops to 20% capacity. Both of the crafts are equipped with real-time flight data 

transmitters as well as LED indicators to guarantee these safety guidelines are observed. The 

sUAS also has an auto return fail safe protocol if the battery voltage becomes too low. 

I, Richard Boyle (dba Sky Eye View)’s, am extremely cautious when operating my sUAS and will 

not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 

(b). Given the small size and weight of my sUAS it falls well within Congress’s contemplated 

safety zone when it promulgated the Reform Act and the corresponding directive to integrate 

sUAS into the national airspace system. Richard Boyle’s (dba Sky Eye View) sUAS, are used in 

hobby flight, has a demonstrable safety record and does not pose any threat to the general 

public or national security. 

How Richard Boyle (dba Sky Eye View)’s request will benefit the public:

Aerial videography for business use, geographical awareness and for real estate marketing has 

been traditionally completed with manned fixed wing aircraft and helicopters. Aerial videography 

is cost prohibitive. Only large businesses, realtors, and luxury homeowners can afford such an 

expense. This deprives small businesses, small realtors, and non-luxury homeowners from 

utilizing a valuable marketing tool. Manned aircraft pose more of a threat to both the pilots and 

the general public due to the size and the combustable fuel held on board than sUAS which are 

low mass and contain no combustable fuel.

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown 

UAS's into the national airspace system. The sUAS proposed for exemption are battery 

powered and create no emissions that can harm the environment. The consequence of a sUAS 

crash is much less than a full size helicopter or fixed wing aircraft. 

Permitting me, Richard Boyle (dba Sky Eye View), to immediately fly within national air space 

furthers economic growth. Granting my exemption request substantially promotes the economic 

impact for the Southeastern Pennsylvania community. 

Reasons why Richard Boyle (dba Sky Eye View)’s exemption will not adversely affect public 

safety or how the exemption will provide a level of safety at least equal to existing rule: 

My, Richard Boyle (dba Sky Eye View)’s, exemption will not adversely affect public safety. I will 

be flying UAS’s with tighter restrictions than the general hobbyist who may or may not be 

operating to AC 91-57. I have intimate knowledge of airspace and aircraft operations as well as 

basic sectional knowledge. 

My operations will only be conducted in non-navigable airspace or airspace that manned aircraft 

should not be flying in. <400 feet AGL. 

As a commercial operation, I will have a financial interest in public safety.

The aircraft will only operate 7-15 minutes per flight minimizing risk compared to full size 

aircraft. 

sUAS are directly controlled, within my line of site, and have fail safe return to home systems.
I operate according to RCAPA checklists, AC 91-57, and user manuals for each flight. 

My, Richard Boyle (dba Sky Eye View), safety protocols provide a level of safety equal to or 

exceeding existing rules.

sUAS do not need to operate at an altitude as high as manned aircraft and pose less danger in 

a crash. 

A Summary the FAA may publish in the Federal Register: 

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, 

weight of my, Richard Boyle (dba Sky Eye View), sUAS permits exemption from Part 21 

because my sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of 

the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt sUAS from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas 

such as airports and dense populations. My, Richard Boyle (dba Sky Eye View)’s, current and 

projected sUAS meet or exceed each of the elements. Precedence of exemption 11138 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. Aircraft will be inspected and preflighted per operators manual and attached 

preflight guidelines. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board 

pilots or passengers, and given the size of the sUAS, this Regulation is non applicable. An 

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating 

areas of where safety can be defined. The FAA has previously issued exemptions to this 

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 

10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as the sUAS utilizes 

electronic global positioning systems with a barometric sensor which “zeros” at field elevation. 

Since flight times are limited to 15 minutes AGL indications will be accurate. 

14 C.F.R. § 91.151 Fuel requirements for flight in VFR conditions prescribed minimums below 

entire duration of flight time of sUAS. The sUAS will land with at least 30% of battery life. Visual 

LED warnings from sUAS as well as telemetry data will show battery level and auto land will 

begin at 30% battery life. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level 

of safety will be achieved by maintaining any such required certifications and registrations by 

me, Richard Boyle (dba Sky Eye View). 

14 C.F.R. § 45.23: Marking of The Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. My sUAS are, by definition, unmanned. They therefore do not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is 

difficult to place. Per exemption 11138 which highlights previous exemptions, no marking is 

required or applicable. 
14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. 

I, Richard Boyle (dba Sky Eye View), can achieve an equivalent level of safety as achieved by 

current Regulations because my sUAS does not carry any pilots or passengers. Further, I have 

knowledge of airspace and aircraft operations and have a personal interest that sUAS and 

manned aircraft do not intersect. The risks attended to the operation of my sUAS is far less than 

the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, 

allowing me, Richard Boyle (dba Sky Eye View), to operate my sUAS meet and exceed current 

safety levels in relation to 14 C.F.R. §61.113 (a) & (b). 

14 C.F.R. § 91.119c prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. My sUAS will never operate at 

an altitude greater than 400 AGL. I, Richard Boyle (dba Sky Eye View), will however operate my 

sUAS in safe areas away from the public and auto traffic. I will operate only with permission of 

said property and structure owners or designee, providing a level of safety at least equivalent to 

or below those in relation to minimum safe altitudes. In addition the DJI flight controllers on each 

sUAS allow me to restrict the sUAS to a maximum altitude of 400 feet and 1500 feet 

horizontally. Given the size, weight, maneuverability and speed of my sUAS, an equivalent or 

higher level of safety will be achieved. 

Per exemption 11138 ... “If barriers or structures are present that can sufficiently protect 

nonparticipating persons from the sUAS or debris in the event of an accident, then the sUAS 

may operate closer than 500 feet to persons afforded such protection. The operator must also 

ensure that nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the sUAS, flight 

operations must cease immediately. When considering how to immediately cease operations, 

the primary concern is the safety of those nonparticipating persons. In addition, the FAA finds 

that operations may be conducted closer than 500 feet to vessels, vehicles, and structures 

when the owner/controller of any such vessels, vehicles, or structures grants permission for the 

operation and the pilot in charge (PIC) makes a safety assessment of the risk of operating 

closer to those objects and determines that it does not present an undue hazard.” 

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

The above-cited Regulations require, amongst other things, aircraft owners and operators to 

“have [the] 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. . . .” 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to my, Richard Boyle (dba Sky Eye View), sUAS. However, as a safety 

precaution I inspect my sUAS before and after each flight. 

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: 

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled 

Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness 

certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of 

my UAS permits exemption from Part 21 because my, Richard Boyle (dba Sky Eye View)’s, 

UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is 

authorized to exempt aircraft from the airworthiness certificate requirement under both the Act 

(49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the 

FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the 

operation of an aircraft without an airworthiness certificate. As no such certificate will be 

applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 
91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, 

and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will 

be achieved by maintaining a manual. The FAA has previously issued exemptions to this 

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

maintenance program that involves regular software updates and curative measures for any 

damaged hardware. Therefore, an equivalent level of safety will be achieved. 

Request precedence of 11138 exemption... 

“7) Prior to each flight, the pilot in charge (PIC) must inspect the sUAS to ensure it is in a 

condition for safe flight. If the inspection reveals a condition that affects the safe operation of the 

sUAS, the sUAS is prohibited from operating until the necessary maintenance has been 

performed and the sUAS is found to be in a condition for safe flight. The Ground Control Station 

must be included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

8) Any sUAS maintenance or alterations that affect the sUAS operation or flight characteristics, 

e.g. replacement of a flight critical component, must undergo a functional test flight. The piloting 

charge (PIC) who conducts the functional test flight must make an entry in the aircraft records. 

9) The pre-flight inspection section in the operating documents must account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents. 

10) The operator must follow the sUAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

11) The operator must carry out its maintenance, inspections, and record keeping requirements, 

in accordance with the operating documents. Maintenance, inspection, and alterations must be 

noted in the aircraft records, including total flight hours, description of work accomplished, and 

the signature of the authorized person returning the sUAS to service. 

12) Each sUAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

13) The authorized person must make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections.” 

In summary, Richard Boyle (dba Sky Eye View) seeks an exemption from the following 

Regulations: 

Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 

91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) ; 

91.119c) to commercially operate my, Richard Boyle (dba Sky Eye View), sUAS in community 

awareness, small business, and real estate operations. Currently, aerial media for small 

business, area awareness, and real estate aerial videography/photography relies primarily on 

the use of larger aircraft running on combustible fuel. Posing a potential risk to the public. 

Granting my, Richard Boyle (dba Sky Eye View)’s, request for exemption will reduce current risk 

levels and thereby enhance safety. My sUAS craft do not contain potentially explosive fuel, is 

smaller, lighter and more maneuverable than conventional real estate video and photographic 

aircraft with much less flight time. Further, I operate at lower altitudes in primarily non navigable 

airspace eliminating potential public risk flying to and from established air fields.

Formal collection of information shared with the FAA will enhance the FAA's internal efforts to 

establish protocols for complying with the FAA Modernization and Reform Act of 2012. There 

are no personnel on board my, Richard Boyle (dba Sky Eye View), sUAS and therefore the 

likelihood of death or serious bodily injury is significantly diminished. My, Richard Boyle (dba 

Sky Eye View)’s, operation of my sUAS, weighing less than twenty four (24) pounds, traveling at 
lower speeds within limited areas will provide an equivalent level of safety as that achieved 

under current FARs. Accordingly I, Richard Boyle (dba Sky Eye View), respectfully request that 

the FAA grant my exemption request and am willing to cooperate in sharing information to 

benefit the FAA, safety of manned aircraft, and the general public at large. 

Respectfully submitted, 

Richard Boyle