Aug 28th, 2015 

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam: 

I am writing pursuant to the FAA Modernization and Reform Act of 2012 ( the “Reform Act”) 

and the procedures contained in 14 C.F.R. 11, to request that Skypropics, owned and operated by Gabor 

Simon as owner and operator of small unmanned aircraft be exempted from the Federal Aviation 

Regulations (“FARs”) listed below for DJI Phantom 3, so that Skypropics may operate its small unmanned 

aircraft/lightweight unmanned aircraft systems )”UAS”) commercially in airspace regulated by the 

Federal Aviation Administration (“FAA”). 

Airworthiness certification:

The UAS proposed by the petitioner is a DJI Phantom 3

Primary uses will be low altitude aerial photography for use on websites, print pieces and video for client 

use. 

Gabor Simon have operated their current UAS on many occasions non-commercially without incident. 

The UAS utilizes battery power, not combustible fuels. Flight time ranges between five and twenty 

minutes. The UAS has GPS functionality to hover in place as well as a return to home function in case of 

loss of contact with the radio. It has an audible and visual warning system and will start to descend 

slowly if battery power reaches 25%. The failsafe software will disable the UAS from taking off and also 

limit the UAS system from operating within specific GPS preset no-fly zones. 

Skypropics exemption request would permit its operation of lightweight, unmanned (piloted by 

remote control) and comparatively inexpensive UASs in tightly controlled and limited airspace. 

Currently, similar lightweight, remote controlled UASs are legally operated by amateurs with no flight 

experience, safety plan or controls in place to prevent catastrophe. It is only logical to allow Gabor 

Simon, experienced remote control pilot, to operate similar lightweight UASs. This will act to further 

safety protocols specific to lightweight UASs as Skypropics research flight data and other information 

gained through permitted flight operation. Granting this request comports with the Secretary of 

Transportation’s (FAA Administrator’s) responsibilities to not only integrate UASs into the national 

airspace system, but to “...establish requirements for the safe operation of such aircraft systems(UASs) 

in the national airspace system” under Section 333© of the reform ACT. Further, Skypropics will 
conduct its operations in compliance with the protocols described herein or as otherwise established by 

the FAA. 

For the reasons stated below, Skypropics respectfully request the grant of an exemption 

allowing it to operate lightweight, remote controlled UASs. 

1. Contact Information: Gabor Simon

3649 Nw 5th Ter 

Boca Raton, FL, 33431 

Tel.: (904)868-1382 

e-mail: skypropics@gmail.com

2. The Specific Sections of Title 14 of the Code of Federal Regulations from Which We Request 

Exemption is: 

 14CFR 21: 

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

 14 CFR 61m113 (a) & (b): 

 14 C.F.R. 91, et seq.: 

 14 CFR 407 (a) (1): 

 14 CFR 409 (a) (2): 

 14 CFR 417 (a) & (b). 

 U.S Dep’t of Trans. 

3. The Extent of Relief Skypropics Seeks and the Reason It Seeks Such Relief: 

 Skypropics submits this application in accordance with the Reform Act, 112 P.L. 

95§§ 331-334, seeking relief from any currently applicable FARs operating in cinematic, research 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. Our lightweight UAS meets the definition of “small unmanned aircraft” as 

defined in Section 331 and therefore the integration of our lightweight UAS is expressly contemplated 

by the Reform Act. We would like to operate our lightweight UAS 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 UASs that may operate 

Safely in our national airspace system. Considerations include: 

• The weight, size, speed and overall capabilities of the UAS: 

• Whether the UAS will be operated near airports or populated areas: and, 

• Whether the UAS will be operated by line of sight. 

112 P.L. 95 § 333 (a). Each of these items militates in favor of an exemption for Skypropics. 

Our UAS utilizes four counter-rotating propellers for extreme balance, control and stability. It 

weighs less than 5 pounds, including battery and all equipment. This small unmanned aircraft is 

designed to primarily hover in place and operate at less than a 50 knot maximum speed. It is capable of 

vertical and horizontal operation but operate only within the line of sight of the remote control pilot. In 
addition to the remote control pilot, we use a spotter, such that, at minimum, two Skypropics personnel 

govern the safe flight of the aircraft at all times. 

Utilizing battery power and not combustible fuels, flights generally last between five and twenty 

minutes. We do not operate the UAS with less than twenty five percent battery capacity. Safety 

systems in place include a GPS mode that allows the UAS to hover in place or return to takeoff location if 

communication with the radio control pilot is lost and then slowly descend the UAS at twenty five 

percent battery capacity. We generally do not operate the UAS near airports or near populated areas. 

To date, we have only operated the UAS in a non-commercial manner. 

Our operation of this small unmanned aircraft 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 the UAS, 

combined with its operation in cordoned off and well-controlled areas, this falls within Congress’s 

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

integrate UASs into the national airspace system. Indeed, our UAS will not pose any threat to the 

general public or national security. 

The FAA has the authority to issue the exemption sought by Skypropics pursuant to the Federal 

Aviation Act, 85 P.L. 726 (1958), as amended (the “Act”). 

4. How this Request Will Benefit the Public As A Whole: 

Granting this exemption request furthers the public interest. Congress has already pronounced 

that it is in the public’s interest to integrate commercially flown UASs into the national airspace system, 

hence the passing of the Reform Act. Skypropics conduct research into safe UAS operations every time 

it flies its UAS. Flight data, visual inspections, recorded observations and flight analyses are compiled to 

further enhance current safety protocols. Allowing us to log more flight time directly relates to our 

research and our ability to further enhance current safety measures. Furthermore, the public has an 

interest in reducing the danger and emission associated with current aerial cinematic capture methods, 

namely, full size helicopters. Our UAS is battery powered and creates no emissions. If our UAS crashes 

there is no fuel to ignite and explode. The impact of our lightweight UAS is negligible when compared to 

a full size helicopter, notwithstanding the statistically noteworthy safety record of full size helicopters 

used in motion picture capture. The public’s interest is furthered by minimizing ecological and crash 

impacts by permitting photo and motion picture capture through our lightweight UAS. 

Progression of the arts and sciences has been fundamental to our society since its inclusion in 

the United States Constitution. Congress mandated the integration of UASs into our national airspace 

system, in part, to achieve progression in this noteworthy and inevitable field. Permitting Skypropics to 

immediately fly within the United States furthers these goals. Whether it is the amalgam of scientific 

discoveries applicable to feature film making (including those drawing upon architecture, physics, 

engineering and cultural inclusiveness) to advancements in publicly usable technologies or 

advancements in equipment available to law enforcement personnel, first responders that does not cost 

millions of dollars, granting this exemption request substantially furthers the public’s interest in ways 

known and currently unknown. 
Granting this request will also allow small business owners and home owners to be able to 

afford high quality aerial images and video that they would otherwise have no access to due to several 

factors, cost being the biggest. 

5. Reasons Why Skypropics Exemption Will Not Adversely Affect Safety Or How The Exemption Will 

Provide a Level of Safety At Least Equal To Existing Rule: 

This exemption will not adversely affect safety. Quite the contrary, for the reasons stated 

previously, permitting Skypropics to log more flight time in FAA controlled airspace will allow us to 

innovate and implement new and novel, as of yet undiscovered safety protocols. In addition, we submit 

the following representations of enhancements to current aerial photo and motion picture capture 

techniques: 

• Our UAS weighs less than 5 pounds complete with all mounted equipment and battery: 

• We only operate our UAS below 400 feet: 

• Our UAS only operates for 5-20 minutes per flight: 

• We land our UAS when it reaches 25% battery power: 

• Our remote control pilot operates the UAS by line of sight: 

• Our remote control pilot has video backup should he somehow lose sight of the UAS: 

• We staff each flight with a remote control pilot and spotter with communication systems 

Enabling real time communication between them: 

• Our UAS has GPS flight modes whereby it hovers, returns to takeoff position and then 

Slowly lands if communication with the remote control pilot is lost or battery power Is 

below 25%: 

• We actively analyze electronic flight data and other sources of information to constantly 

Update and enhance safety protocols: 

• We conduct extensive briefings prior to flight during which safety carries primary importance: 

• We have procedures in place to abort flights in the event of safety breaches or potential 

Danger. 

Our safety protocols provide a level of safety at least equal to existing rules and in nearly every 

instance greater than existing rules. It is important to note that absent the integration of 

commercial UASs into our national airspace system, helicopters are the primary means of aerial 

motion picture capture. While the safety record of such helicopters is remarkably astounding, it 

is far safer to operate a battery powered lightweight UAS. The potential loss of life is diminished 

because UASs carry no people on board and Skypropics only operates them in specific areas 
away from mass populations. There is no fuel on board a UAS and thus the potential for fire or 

explosions is greatly diminished. The small size and extreme maneuverability of our UAS allows 

our remote control pilot to avoid hazards. Given their small size and weight, even when close 

enough to capture amazing images, our UAS needs not be so close to the objects it is focused 

on. Accordingly, our UAS has operated and will continue to operate at and above current safety 

levels. 

6. Summary: 

A. 14 C.F.R. 21 and 14 C>F>R> 91: Airworthiness certificates and Manuals. 

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 Skypropics UAS permits exemption from Part 21 because Skypropics 

UAS meets an equivalent level of safety pursuant to Section333 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 UASs from the airworthiness certificate requirement in consideration of the weight, size speed, 

maneuverability and proximity to areas such as airports and dense populations. Skypropics 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 UASs, this Regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued 

exemptions to their regulation in Exemption Nos 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 10700 and 32827. 

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

electronic global positioning systems and internal gyroscopes to provide spatial coordination. 

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 such certifications and registrations at Skypropics flight 

operations center. 

B. 14 C.F.R § 45.23: Marking of the Aircraft. 
Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. Skypropics UAS is, by definition, unmanned. It therefore does not have a cabin, cockpit 

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

place on such small aircraft. Regardless, Skypropics will mark its UAS in the largest possible lettering by 

placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. § 45.29(f) so that the pilot, 

technician, spotter and others working with the UAS will see the markings. The FAA has previously 

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 

C.F.R.§§ 61.113 (a) & (b) private pilots are limited to non-commercial operations. Skypropics 

can achieve an equivalent level of safety as achieved by current regulations because Skypropics 

UAS does not carry any pilots or passengers. Furthermore, while helpful, a pilot license will not 

ensure remote control piloting skills. The risks attendant to the operation of Skypropics UAS is 

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

Thus, allowing Skypropics to operate its UAS with a private pilot as the pilot in control will 

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

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 

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

helicopters to be operated at lower altitudes in certain conditions. Skypropics will never operate at an 

altitude greater than 400 AGL. Skypropics will, however, operate its UAS in cordoned off areas with 

security perimeters, providing a level of safety at least equivalent to those in relation to minimum safe 

altitudes. Given the size, weight, maneuverability and speed of Skypropics UAS, an equivalent level of 

safety will be achieved. 

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

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

“have aircraft inspected as prescribed in subpart E of this part and shall between required inspection, 

except as provided in paragraph © of this section, have discrepancies repaired as prescribed in part 43 

of this chapter....” 

These Regulations only apply to aircraft with an airworthiness certificate. Therefore, they will 

not apply to Skypropics should its requested exemption be granted. Skypropics conducts as extensive 

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

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

F. Summary 

Skypropics seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 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.§ 

91.103(b); 14 C.F.R.§ 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; C.F.R. § 91.151 (a); 14 C.F.R. §§ 

91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a) (1); 14 C.F.R. § 91.409 (a)(2);14 C.F.R. § 

91.409 (a)(2);and 14 C.F.R.§§ 91.417 (a) & (b) to commercially operate its lightweight unmanned aircraft 

in motion picture or photography operations and to conduct its own research. Granting Skypropics 
request for exemption will reduce current risk levels and thereby enhance safety. Currently motion 

picture image capture relies primarily on the use of larger aircraft running combustible fuel. Skypropics 

aircraft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than 

conventional motion picture aircraft. Skypropics operates at lower altitudes and in controlled airspace. 

Skypropics has been analyzing flight data and other information in compiling novel safety protocols and 

the implementation of a flight operations manual that exceeds currently accepted means and methods 

of safe flight. There are no people on board Skypropics UAS and therefore the likelihood of death or 

serious bodily injury is significantly limited. Skypropics operation of its UAS, weighing less than 5 pounds 

and travelling at speeds lower than 50 knots in cordoned off areas will provide at least an equivalent 

level of safety as that achieved under current FARs. 

Accordingly, Skypropics respectfully requests that the FAA grant its exemption request without 

delay. The FAA has the authority to issue the exemption sought by Skypropics pursuant to the Federal 

Aviation Act, 85 P.L. 726(1958), as amended (the “Act”). 

In closing, Skypropics would like to state that it would be very easy to ignore the FAA and 

operate a UAS commercially without applying for any consideration from them. We have seen and 

spoken with several people who are already doing so. We hope the simple fact that someone such as 

ourselves who operate a very small business and will be operating a UAS on a very small scale is applying 

for this exemption shows how serous we are about safety and doing things properly. Thank you for your 

time and consideration. 

 

Respectfully submitted, 

Gabor Simon

Skypropics

3649 Nw 5th Ter 

Boca Raton, FL, 33431

(904)868-1382