ALTITUDE MEDIA U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave. SE Washington. DC 20590**~~f~** ··v , !

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Re: 

### Exemption Request Section 333 ofthe FAA Reform Act

DearSir/Madam, May 1, 2015

This petition is being submitted on ourown behalfwithout legal counsel orconsulting services. Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act), and 14 C.F.R. Part 11, SKYLVL, LLC ("SKYLVL"}, a Texas based limited liability company, operating a Small Unmanned Aircraft System ("sUAS") equipped to conduct aerial photography and surveyforvarious industries, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed belowto allowoperation ofoursUAS commercially in airspace regulated by the Federal Aviation Administration (FAA), so long as such operations are conducted with and underthe conditions outlined herein oras may be established by the FAA as required by Section 333.

The requested exemption would permit SKYLVL to pursue its commercial interests in providing services to consumers interested in aerial data capture using a small advanced sUAS in the following areas:

• Media Production
• Real Estate Photography
• Agricultural & Land Surveying
• Aerial Mapping
• Search and Rescue Operations
• sUAS OperatorTraining

• Product Demonstrations
• Research and Development

SKYLVL states thatall sUAS flights thatwill occurover private orcontrolled access propertywill do
so with the property owner's priorconsentand knowledge and thatonly people who have consented orotherwise have agreed to be in the area where photography and videography will take place will be captured in identifiable form. 

### I Additionally, SKYLVL PIGs (Pilot-In-Command) will hold, at minimum, a Recreational orSport pilot certificate. Ifobservers are not qualified pilots, theywill be trained by SKYLVL pilots to understand the proper roles ofan observer, communication procedures, propervisual scan techniques, ope·rations at non-towered airports, and appropriate sections ofthe Aeronautical Information Manual.Regulations from which the exemption is requested:

14 C.F.R. Part 21 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (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. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401

- 91.417)

Small Unmanned Aircraft System (sUAS)

sUAS are a feasible method to obtain information ofagricultural cropland to determine optimum inputs that result in cost savings to farmers, yield security, and reduce environmental impact of
excess fertilizers and chemicals in the soil. sUAS are a feasible method to perform valuable commercial media, film and photographyfunctions more safely and effectivelythan other methods. sUAS are a feasible method for capturing imageryfor survey and 3D mapping. sUAS are a feasible method ofassisting in coordinated Search-And-Rescue operations with the authorization of local authorities.

We are petitioning forexemption to enable SKYLVL to operate a DJI Phantom 2 multi-rotor equipped with a three-axis gimbaled camera, a Cinestarx8 multi-rotor equipped with a three-axis gimbaled camera, a Cinestar6 multi-rotorequipped with a single axis panoramic camera gimbal, a DJI F550 multi-rotorequipped with a three-axis gimbaled camera, and a Carboncore Cortex multirotor equipped with a three-axis gimbaled camera. These sUAS all weigh less than 55 lbs, all have
a built-in capabilityto limitthe heightflown above the ground and to limitthe radius ofthe distance flown from the operatorand to excludethe sUAS from Class B, C and D airspace including a no fly zone feature. Each system also has the failsafe function ofthe autopilot system, which means thatwhen the communication between the Main Controllerand the transmitter is lost, the system will automatically trigger Return to Home and will land safely atthe original launch point.

Each SKYLVL sUAS utilizes four oreight counter-rotating propellers for balance, control and stability in all segments offlight. Each craft weighs less than 55 pounds, including cinematic and other equipment. Each small unmanned aircraft is designed to primarily hover in place and operate at less than a 50 knot maximum speed. They are capable ofvertical and horizontal operations but operate onlywithin the line ofsight ofthe remote control pilot.

The above specifications meetstandards listed below, some derived in accordance with the Model Aircraft Operating Standards:



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## • The petitionerwill onlyoperate its sUAS in line ofsight ofa pilot and/orobserverand will operate ata 'sufficient distance' from populated areas. Such operations will insure thatthe sUAS will "not create a hazard to users ofthe national airspace system orthe public." When flying sUAS within 3 miles ofan airport, airport operators will be notified and the operatorwill give the right ofwayto avoid flying in the proximity offull-scale aircraft. During sUAS operations, the petitionerwill place visual notifications atthe operation site to alert any nearby personsthat sUAS operations are in progress. Maximum flighttimefor each operational flightwill be 60 minutes

.• Flights will be terminated at 25% battery power reserve should that occur priorto the 60 minute limit.

• The sUAS will be programmed so that itwill not be operated at an altitude of no more than 600 feet AGL, and not more than 200 feet above an elevated platform from which filming is planned.

• Minimum crewforsUAS operations will consist ofthe sUAS Pilot and the Visual Observer.

• The sUAS PIC's (Pilot in Command)will hold a FAA Recreational or Sport, Private Pilot or Commercial Pilot Certificate.

• The sUAS operated bythe petitionerweighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• The sUAS will operate atspeeds of no more than 55 knots.

• Given the small size ofthe sUAS and the restricted sterile environmentwithin which they will operate, oursUAS operations adhere to the Reform Act's safety requirements.

SKYLVL operation of its fleet of small unmanned aircraftwill not "create a hazard to users ofthe national airspace system orthe public." 112 P.L. 95 § 3 3 3 (b). Given the small size and weight of SKYLVL sUAS, combined with their safety focused operation standards, SKYLVL flight operations fall within Congress's contemplated safety zone when it disseminated the Reform Act and the corresponding directive to integrate UASs into the national airspace system. SKYLVL sUAS have a demonstrable safety record and do not pose any threat to the general public or national security.

SKYLVL operators have extensive knowledge ofand experience with sUAS systems, and have a high regard to safety and coordination with general aviation. SKYLVL has participated in volunteer operations with the Texas Civil Air Patrol, conducting Search & Rescue missions using sUAS in conjunction with manned aircraftto locate missing persons and downed aircraft. These experiences provide SKYLVL with the capability to conduct sUAS operations with the highest regard to safety and to conduct training for new sUAS pilots.
Additionally, the factthat the SKYLVL pilots hold FAA Recreational or Sport Pilot certificates demonstrates that they have a high regard to safe operations with an understanding of FARs, preflight inspections, maintenance and repair, operations within airspace, aswell as being trained to high safety standards.

Underthe requested exemption, SKYLVL ensures that all operators have completed a small unmanned aircraft systems (UAS) education and training program including all applicable regulations and guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynamics; Weatherfactors; Airmanship and Decision-making and Safe Operating Procedures.

We respectfully request exemption underSection 333 to enable SKYLVL to operate safe, low-risk commercial sUAS operations forthe activities stated. SKYLVL, at all times, will respectthe space and privacy ofcitizens and propertywhilst keeping ourskies safe.
Sincerely 

## 7(/.**~(JU~** W. Ross Cromartie Director of Operations SKYLVL LLC 1712 

### Mary Street Dallas, TX75206 214-649-5205EXEMPTION REQUESTSAND EQUIVALENT LEVELOFSAFETY



### SKYLVL requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to the operation ofthe sUAS System:



### 14 CFR Part 21, Airworthiness Certificates



# /' Section 91.203(a)(1) requires all civil aircraft to have a certificate ofairworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance of airworthiness certificates as required by FAR§ 91.203(a)(1). Given the size ofthe aircraft and the limited operating area associated with its utilization, it is unnecessaryto gothrough the certificate of airworthiness process under Part 21 Subpart H to achieve orexceed current safety levels. Such an exemption meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 ofthe 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 ofthe UAS involved. In this case, an analysis ofthese criteria demonstrates thatthe SKYLVL UASs operated without an airworthiness certificate, underthe conditions proposed herein, will be at least as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The UASs will remain less than 55 lbs. GTOW, will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area predisclosed and in compliance with conditions set forth herein. Operations underthis exemption will be tightly controlled and monitored by both the operator, pursuantto the conditions set forth above, and by local public safety requirements. The FAA will have advance notice ofall qperations through the filings with the FSDO. Receipt ofthe prior permission ofthe land owner, orcontrolling authority, the size ofthe aircraft, the lack offlammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level ofsafety. The UASs construction with absorbent material provides at least an equivalent level ofsafety to that ofsuch operations being conducted with conventional aircraftthatwould be orders ofmagnitude larger and would be carrying passengers, cargo, and flammable fuel.



### 14 CFR 45.23 Display of marks; general and 45.29 Size ofmarks. 

# I These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft mustdisplaythe word "EXPERIMENTAL" ;in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. The sUAS 

### jl does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have
a registration numberassigned to it bythe FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraftwhile it is preparing for launch will be able to see the designation. Additionally, we feel thatthe permanent placard discussed in the previous paragraph will provide the aircraft's registration information at.the ground station. Finally, / we will display atthe ground station a high contrast flag or bannerthat contains the words / "Unmanned Aircraft Ground Station" in letters 3 inches high orgreater. Sincethe aircraftwill

operate within 3/4 NM ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point oforigin.I;



### lr 

# I !, 

# I 14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command ofan aircraftfor compensation or hire. Subparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connection with any business oremployment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraftdoes not carry passengers or property for compensation orhire. Ourproposed operations require that the PIC must hold at least
a Recreational or Sport Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, wefeel we meetthe intentof61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business.



### 14 CFR 91.7 Prohibits the Operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.



### 14 CFR 91.9 Civil aircraftflight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. Weassume that the intent ofthis requirement is to ensure thatflight manual information is available to the aircrewwhile operating the aircraft. We request an exemption to this requirement since the aircraft is not onlytoo small to carry documentation, the documentation would not be available to the crew during flight operations. To obtain an equivalent level ofsafety and meetthe intent of91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew atthe ground station anytime the aircraft is in, or preparing for, flight.



### 14 CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests The regulation states that "No person may operate a civil aircraftthat is being used forflight instruction unlessthataircraft has fully functioning dual controls." The sUAS System ground-based control station consists ofa small hand-held radio transmitterand while it does not offera second set of "controls", both the student and instructorcan, and will, operate the single set ofcontrols simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel thatthis technique meets the intent 91.109 and provides an equivalent level ofsafety.



### 14 CFR 91.119 Minimum safe altitudes: General. The regulation states that oversparsely populated areas the aircraftcannot be operated closer than 500 feetto any person, vessel, vehicle, orstructure. Since the typical mission ofthe sUAS would be photography or surveyof persons, vessels, vehicles orstructures itwould be necessary to operate closerthan 500 feetto the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planned has been performed. The aircraftwill be operated ata low altitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size ofthe UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.



### 14 CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The sUAS will always fly below 600 feet AGL and will not need to maintain cruising altitudes in orderto preventconflictwith other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computerto the display screen held bythe PIC, providing a constantly updated AGL readout.



### 14 CFR 91.151 Fuel requirements for flight in VFR conditions.The regulation provides that no person may begin aflight in an airplane underday-VFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly afterthatfor at least 30 minutes. Wefeel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The sUAS are battery operated and 

## the maximum duration offlight from
a single battery charge is 12-45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraftwill neverfly morethan 1/2 NM from the point of intended landing, a full battery charge at launch will ensure that we meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". We also request exemption from the 30 min reserve and ask that our reserve will be to fly the mission to the point of intended landing and have at least a 20% battery reserve afterthat.



### 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration numberassigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides thatthe airworthiness certificate be "displayed atthe cabin orcockpit entrance so that it is legible to passengers orcrew." With our largestvehicle, the RF-70, at a maximum gross weight of 13 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers orcrew. To obtain an equivalent level ofsafetyand meetthe intent of91.203, we propose that documents deemed appropriate forthis aircraft bythe FAA will be colocated with the crew atthe ground control station and available for inspection upon request. In orderto identifythe aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTAL"to satisfy the requirement of 14 CFR 45.23.



### 14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. 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 ofthe aircraftand "be authorized to approve the aircraftfor return to service." The PIC will ensure thatthe aircraft is in an airworthy condition priorto every flight and in addition, conductdetailed inspections aftereverytwo hours offlight. Maintenance performed bythe PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe on-board computer. All other maintenancewill be performed bythe manufacturerortheirdesignated repairfacility. The PIC will documentwork performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level ofsafety.