## July 1 3 , 2015

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

**RE: Petition of**  **TEXAS SKYCAM, LLC for Exemp**  **tion Pursuant to Section**  **333 of**  **the FAA Reform Act of 2012** 

**TEXAS SKYCAM, LLC**2



### Dear Sir or Madam : Description of Petitioner: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, **TEXAS SKYCAM, LLC**, Petitioner, is an operator of s mall Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography and videography, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted wi thin and under the conditions outlined herein or as may be established by the FAA as required by Section 333
. Description of Aircraft: The proposed exemption, if granted, would allow **TEXAS SKYCAM, LLC** to conduct commercial operations of its three sUASs : DJI Phantom 2, DJI Inspire 1 and the DJI S900. **1** It will be determined by **TEXAS SKYCAM, LLC** which UAV to use based on a review of the proposal of work and also taking i nto consideration other factors i ncluding weather, wind, altitude necessary to complete the job and the complexity of the site location
. Description of Proposed Operations: **TEXAS SKYCAM, LLC** is seeking this exemption to use one or more of its small Unmanned Aircraft Systems (sUASs) for the special purpose of conducting aerial video and photography over certain areas of the United States focusing its operations in the architectural, engineering, agricultural and construction industries
. **TEXAS SKYCAM, LLC** plans to use the capabilities of the sUASs to offer a multitude of services, includin g: Real estate photography and videography, aerial filmmaking and photography, agriculture and livestock monitoring, construction site inspections and monitoring, special event photography/videography, educational and research operations, aerial data coll ection, crew training and proficiency operations, disaster response/search and rescue operations, inspection of city-owned storm water canal systems, inspection of city-owned road right of ways, inspections of city-funded infrastructure improvement projects, bridge inspections, a ssist with damage assessments or situational status reports of municipalities during emergency response operations, evaluati ons for municipalities related to flora & fauna (vegetation & wildlife) issues and assi st with site security during city

- sponsored events ( i.e. 4 th of July, New Year’s parades, etc.)

**1 TEXA**  **S SKYCA** **M, LLC**  Operator Manuals and specifications for the DJI Phantom 2 , DJI Inspire 1 and DJI S900 respectively are available online at : http://www.dji.com/product/phantom
-2/spec ; at http://www.dji.com/product/Inspire
- 1 ; at http://www.dji.com/product/spreading
-wings
-s900/spec

. The file size s are too large and will not uploa d to the Regulations.gov website.3

Relevant Statutory Authority: Statutory Authority Section 333, titled “ Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil Unmanned Aircraft Systems (UAS) operations in the National Airspace System (“NAS”). Section 333(a) states that the FAA “shall d etermine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Approval of this exemption would thereby enhance safety and fulfill the Secretary

of Transportation's (the FAA Administrator's) responsibilities under Section 333 (c) of the Reform Act.

The name and address of the applicant are: 

## TEXAS SKYCAM, LLC Mario Alberto Ornelas, Owner 3009 Leslie St. Edinburg, Texas 78539 956
-451
- 1672 albertornelas1965@yahoo.com

Risk Mitigation: **TEXAS SKYCAM, LLC** sUASs have a built

- in capability to limit 1) the height they fly above the ground and 2) the radius of the distance they fly from the operator. Our DJI sUASs also have the fa ilsafe function of the autopilot system, which means, when the communication between the Main Controllers and their transmitters are disconnected, the outputs of all command sticks from the controllers will go to the center position. Using GPS signal, the system will automatically trigger Return to Home function and will land safely. Our sUAS, powered by batteries, are smaller, lighter and more maneuverable than larger aircraft running on combustible fuel. Our sUAS operates at lower altitudes with no people on board and will thereby reduce current risk levels, enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 18 minutes, this offer s little or no risk to National Security
.4

Therefore, **TEXAS SKYCAM, LLC** requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation s of its Small Unmanned Aircraft Systems. **14 C.F.R. Part 21; 14 C.F.R. 45.23 (b);**  **14 C.F.R. 61.113 (a)**  **& (b); 14 C.F.R. 91.7 (a)**  **14 C.F.R. 91.9 (b)(2); 14 C.F.R. 91.10**  **3 (b)**  **; 14 C.F.R. 91.109** **; 14 C.F.R. 91.119**  **; 14 C.F.R.**  **91.121 ; 14**  **C.F.R. 91.151 (a); 14 C.F.R. 91.203 (a)**  **& (b); 14 C.F.R. 91.215**  **14 C.F.R. 91.40**  **5 (a); 407**  **(a)(1); 409 (a)(1)&(2); 417**  **(a)&(b)**

**1. 14 C**  **. F**  **. R** **. Part 21,**  **Subpart H: Airworthiness Certificates**  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 sUASs to be utilized by **TEXAS SKYCAM, LLC** , an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 of Section 333 of the Reform Act. The Federal Aviation Act (49 V.S.C.§44701 (t) and Section 333 of the Reform Act both authorize t he 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 sUAS. An analysis of these criteria dem onstrates that the sUAS 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 helicopter) operating with an airworthine ss certificate without the restrictions and conditions proposed.
**2. 14 C**  **. F**  **. R** **. 45.23 Display of marks; and**  **14 C .**  **F .**  **R .**  **45.29 Size of marks.** This regulation requires certain experimental, provisionally certificated aircr aft, or light

sport category aircraft to be marked with letters between 2 inches and 6 inches high “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” near each entrance to a cabin, cockpit, or pilot station. Even though the sUAS will have no airworthine ss certificate, an exemption would be needed as the sUAS will have no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the small size of the sUAS , two
- inch lettering would be impossible. The FAA has issued an exemption to this regulation: Exemption No. 11109. **3. 14 C**  **. F**  **. R** **. 61.113 Private pilot privileges and limitations: Pilot in Command**  Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the sUAS will not carry a pilot or pas sengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the sUAS to have completed sUAS flight training by reviewing each of the three respective DJI manuals and review all applicable DJI tutorial videos found online. The PIC would also5

perform a minimum of 15 flight cycles and 5 hours of total flight time as a sUAS rotorcraft pilot before performing the first “operational flight” under this exemption. Unlike a conventional a ircraft that carries a pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks associated with the o peration of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a PIC who has met the minimum requirements stated above exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).
**4. 14 C**  **. F**  **. R** **. 91.7**  **(a) Civil airworthiness certificate**  **.** As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. The FAA has granted similar exemptions in Exemptions 11062 through 11067, 11080, 11109, and 11110.
**5. 14 C**  **. F**  **. R** **. 91.9 Civil aircraft flight manual, marking, and placard**  **requirements .**  This regulation provides that no person may operate an aircraft unless a cur rent, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircr aft is not only too small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the i ntent of 91.9, we propose that the applicable sUAS s DJI Operator Manuals **2** be available to the crew at the ground station anytime the UAS is in, or preparing for, flight, and ready for presentation for any governing official upon request. T he FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **6. 14 C.F.R. 91.103(b)**  **Preflight Action** This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from thi s requirement, as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist s from the applicable DJI Operator Manuals
. **2** These actions will provide an equivalent level of safety.

**2 TEXA**  **S SKYCA** **M, LLC**  Operator Manuals and specificatio ns for the DJI Phantom 2 , DJI Inspire 1 and DJI S900 respectively are available online at : http://www.dji.com/product/phantom
-2/spec ; at http://www.dji.com/product/Inspire
- 1 ; at http://www.dji.com/product/spreading
-wings
-s900/spec

. The file size s are too large and will not upload to the Regulations.gov website.6

**7. 14 C.F.R. 91.109 Flight Instruction**  This regulation provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for fli ght instruction unless that aircraft has f ully functioning dual controls. By design, sUASs, which are remotely piloted aircraft, 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 equivalent level of safety provided by the fact that neither a pilot nor passenge rs will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller, and by the size and speed of the aircraft. The FAA has previously approved exemptions for aircraft without fully functional dual controls. See Exempt ion Nos.5778K & 9862A.
**8. 14 C**  **. F**  **. R** **. 91.119 Minimum safe altitudes**  **.** This regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sU AS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful p re - planned flight path has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, a nd 1110. **9. 14 C**  **. F**  **. R** **. 91.121 Altimeter settings**  **.** This regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 200 feet AGL and will not need to maintain cruising altitudes in order to prev ent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout.
**10. 14 C**  **. F**  **. R** **. 91.151 Fuel requirements for flight in VFR conditions**  **.** This regulation provides that no person may begin a flight in an airplane under day

-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. Our sUAS s are battery operated and the maximum duration for each flight from a single battery charge is 187

minutes with a 20% reserve. Since the aircraft will never fly more than 0.263 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.
**11. 14 C**  **. F**  **. R** **. 91.203(a) & (b) Civil aircraft: Certifications required**  **.** Th is regulation provides that an airworthiness certificate, with th e registration number assigned to the aircraft and a registration certificate must be on board the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." The sUASs are too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents (in this cas e DJI Operator Manuals **3** ) deemed app licable for the UAV being flown will be with the crew at the ground control station and available for inspection upon request. Prior exceptions include Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
**12. 14 C.F.R. 91.405(a); 407(a)(1); 409(a)(1)&(2); 417(a)&(b)** **- Maintenance**  **Inspections** This regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 4 3. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7 after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be aut horized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing such things as small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

- board computers . The manufacturer or their designated repair facility will perform all other maintenance. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equ ivalent level of safety. The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109, 11110, and 11112.

**3 TEXA**  **S SK**  **YC AM**  **, LLC**  Operator Manuals and specifications for the DJI Phantom 2 , DJI Inspire 1 and DJI S900 respectively are available online at : http://www.dji.com/product/phantom
-2/spec ; at http://www.dji.com/product/Inspire
- 1 ; at http://www.dji.com/product/spreading
-wings
-s900/spec

. The file size s are too large and will not upload to the Regulations.gov website.8

Pilot in Command and Observer Qualifications and Duties: The PIC (Pilot in Command) will maintain at least a Light Sport Pilot Certificate and a valid drivers license, plus at least 5 hours flying time and 1 5 takeoffs and landings within 30 days in the type of UAS utilized in operations. The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight preparation and inspection, in flight operation, post flight requirements, and all procedures including but not limited to:

 Safe in flight operations  Current weather conditions for safe flight  Risk evaluation The O bserver must have the visual acuity to observe the sUAS and be able to communicate clearly with the PIC. The Observers duties are:

 Warning the PIC of any impending obstacles in the flight path  Warning of any deviations from the planned flight path  Warning of any unauthorized personnel appearing in the area of the planned flight path The Observer will have the authority to order the PIC to terminate the fligh t should he feel the flight couldn’t be conducted safely. UAS Operating Parameters : 1. **TEXAS SKYCAM, LLC**  will operate its sUAS s in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public." 2. Before an operation of a sUAS within 5NM of an airport with a control tower, the control tower will be called to gain permission to operate the sUAS. The PIC will give the position, altitude and the times the sUAS will be operated. The sUAS will not be operated at an altitude of over 200 feet AGL. Weather minimums will be 3 miles visibility and a 1000
-foot ceiling. 3. Before an operation of a sUAS within 5NM of a non

-tower ed airport, appropriate personnel will be not ified and the PIC will give the right of way to avoid flying in the proximity of full

- scale aircraft. At no time will the sUAS be operated within the final approach course and the takeoff course of any runway. 4. Flights will be terminated at 2 0 % battery po wer reserve should that occur prior to the 18minute battery limit.9 5. Our sUASs will be programmed so that they will not be operated at an altitude of no more than 200 feet AGL, and not more than 200 feet above an elevated platform from which filming is plan ned. 6. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer and may include but not limited to a Camera Operator
. 7. The sUAS s operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbals). 8. A preflight and p ost flight checklist will be developed an d employed to ensure that UAV airworthiness will be maintained for flight operations that will be performed by the PIC in accordance with the DJI Operator Manuals **4** and only manufacturer's authorized replacement parts will be used. 9. Given the small size , weight, speed and operational capabilities of the sUAS and the restricted sterile environment within which they will fly, our sUASs operations adhere to the Reform Act's safety requirements. Additionally, we request that we be allowed to use our sUAS s to benefit first responders who might require assistance, including fire fighters, police, sheriff, etc., all while remaining subject to all limitations cited below:
1. No flight will be made with a g ross weight exceeding 55 pounds
. 2. All operations must occur in FAA Class G airspace at no more than 200 ft. AGL, at airspeed of no more than 25 knots and no further than 1600 ft. or 0.263 NM from the PIC
. 3. All operations must ut ilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation
. 4. Operations will be restricted to flights over private property with the permission of the property owner
. 5. All required permits would be obtained from state and local city government s prior to operation
. 6. PIC will not operate over densely populated areas
. 7. PIC will not operat e over any open - air assembly of people
. 8. PIC will not operat e over heavily trafficked roads
. FCC Information: Our DJI Phantom 2, DJI Inspire 1 and the DJI S900’s transmitters used for controlling the sUASs complies with part 15 of the FCC rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this d evice must accept any interference received, including interference that may cause undesired

**4 TEXA**  **S SKYCA** **M, LLC**  Operator Manuals and specifications for the DJI Phantom 2 , DJI Inspire 1 and DJI S900 respectively are available online at : http://www.dji.com/product/phantom
-2/spec ; at http://www.dji.com/product/Inspire
- 1 ; at http://www.dji.com/product/spreading
-wings
-s900/spec

. The file size s are too large and will not upload to the Regulations.gov website.10

operation. Radio frequencies used will be those allotted by the FCC for data transmission and vehicle control in unlicensed frequency bands. All devices used will comply with FCC usage and emissions regulations. Public Interest: Small U nmanned Aircraft System s offer more efficient and safer benefits over the use of full

- sized manned aircraft for aerial video and photography in the architectural, engineering, agricultural and construction industries
. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small s UAS s carrying no passengers, crew or fuel creates a much greater margin of safety for the public
. By granting **TEXAS SKYCA M, LLC**  requested exemption , the FAA will help drive development of safe and successful commercial UAS operations and will advance the public knowledge base for such operations. These factors are beneficial for, and in the best interest of, the public. Therefore , the FAA has good cause to grant this Petition. In Conclusion. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012
– size, weight, speed, operating capabilities, proximity to airports an d populated areas, and operatin g within visual line of sight or posing no threat to national security
– provide more than adequate justification for the grant of the requested exemption allowing commercial operation of Petitioner’s three UAS s, DJI Phantom 2, DJI Inspire 1 and DJI S900 for the p urposes outlined herein and are consistent with exemptions already granted, including Exemptions 11062 through 11067, 11080 and 11109 through 11112
. For the foregoing reasons, **TEXAS SKYCAM, LLC** should be permitted to conduct small UAS commercial operations under controlled conditions and in accordance with its DJI Operator Manuals **5** and all other parameters deemed necessary and appropriate by the FAA. Accordingly, the Petitioner respectfully requests that the FAA grant the requested Petition for E xemption without delay. Thank you for your consideration. Humbly submitted , /s/ Mario A. Ornelas, Owner TEXAS SKYCAM, LLC

**5 TEXA**  **S SKYCA** **M, LLC**  Operator Manuals and specifications for the DJI Phantom 2 , DJI Inspire 1 and DJI S900 respectively are available online at : http://www.dji.com/product/phantom
-2/spec ; at http://www.dji.com/product/Inspire
- 1 ; at http://www.dji.com/product/spreading
-wings
-s900/spec

. The file size s are too large and will not upload to the Regulations.gov website.11



### Pursuant to 14 CFR Part 11, the following is a summary to be provided for **publication in the Federal Register if needed: TEXAS**  **SKYCAM, LLC** is seeking a Petition for Exemption from the following regulations:
**14 C.F.R. Part 21; 14 C.F.R. 45.23 (b); 14 C.F.R. 61.113 (a) & (b); 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b)(2); 14 C.F.R. 91.109; 14 C.F.R. 91.119; 14 C.F.R. 91.121;**  **14 C.F.R. 91.151 (a); 14 C.F.R. 91.203 (a) & (b); 14 C.F.R. 91.215 14 C.F.R. 91.405 (a); 407 (a)(1); 409 (a)(1)&(2); 417 (a)&(b)**  

### TEXAS SKYCAM, LLC is seeking this exemption to use one or more of its small Unmanned Aircraft Systems (sUASs) for the special purpose of conducting aerial video and photography over certain areas of the United States focusing its operations in the architectural, engineering, agricultural and construction industries. By granting approval of this Pe tition for Exemption, it will greatly enhance safety and reduce risks associated with these acti vities. The conventional methods included the use of manned aircraft or rotorcraft, which pose a greater risk to personnel involved and to the public in general
. Using its sUAS that carry n o passengers, crew or flammable fuel will eliminate the risks associated with these tasks. For the foregoing reasons, the exemption requested herein should be granted and **TEXAS SKYCAM, LLC** should be permitted to conduct small UAS commercial operations under controlled conditions and in accordance with its Operation Manuals and all other parameters deemed necessary and appropriate by the FAA. /s/ Mario A. Ornelas, Owner TEXAS SKYCAM, LLC