Date: Aug 8th 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Sky Aerial Productions, Inc., for an Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. 

Part 11, Sky Aerial Productions, Inc. ("Sky Aerial") hereby applies for an exemption from the Federal

Aviation Regulations ("FARs") identified below to allow commercial operation of small unmanned aerial 

vehicles (i.e., "small unmanned aircraft" or "UAS") for the purpose of conducting: aerial videography, 

photography of real estate, video inspection of residential, commercial and government structures, news 

gathering, surveying, farming operation monitoring, emergency search and rescue, fire and UAS training 

operations.

This petition for exemption is created based on information outlined in this Petition for Exemption, as 

well as but not limited to these accompanying Sky Aerial documents; 

1. Sky Aerial’s Flight Operations Manual and;

2. Sky Aerial’s Operations Manuals

(collectively referred to as "Sky Aerial’s Operations Manuals")

3. User Guide, Flight Manuals and;

4. User Manual

(collectively referred to as "Manufacturer's Manuals").

1

The Sky Aerial submits these as well as other Sky Aerial supporting materials as confidential 

documents pursuant to 14 C.F.R. § 11.35 (b), as the materials contain confidential commercial and/or 

proprietary information that the Sky Aerial has not and will not share with others. Additionally, these

documents contain operating conditions and procedures that are not generally available to the public and

are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

1The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not

limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training

manuals, service information letters and, safety/service bulletins).
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Aug 8th, 2015

Page 2

This Petition is organized as follows:

I. Petitioner

II. Description of Proposed Operations

A. Real Estate Video, Events, Surveying and Inspection 

B. Farming Operations, Emergency Search and Rescue and Education

III. Relevant Statutory Authority

IV. Sky Aerial’s Proposed UAS Operations Meet the Requirements of Section 333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C.14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): 

Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion
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Aug 8th, 2015

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I. DESCRIPTION OF PETITIONER

Based in Sharps Chapel, TN, the Sky Aerial is an aerial videography, photography and inspection 

production company dedicated to providing technologically driven and innovative solutions to the state 

wide Real Estate and Television Industries for all types of property. Its founder, Timothy Smythe has been

a model aircraft pilot since 1999 and has flown remote controlled aircraft for more than 16 years. As part of

the Sky Aerial’s vision of providing new and innovative technology driven solutions to meet its client's 

needs, and building upon its founders extensive experience in amateur aerial videography and photography.

Sky Aerial seeks an exemption to allow for the commercial operations of small 55 pounds or less with 

payload UASs to conduct; aerial video photography for real estate, video inspection- residential, 

commercial and government, video news gathering, events, surveying, inspection, farming operations,

emergency search and rescue, fire and UAS training operations.

The contact information for Petitioner is as follows: 

Timothy Smythe

President

Sky Aerial Productions, Inc.

159 Garfield Lane

Sharps Chapel, TN, 37866

Phone: 561-254-1802

Email: tim@smythefl.net

II.DESCRIPTION OF PROPOSED OPERATION

Sky Aerial seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI Phantom 

II, S800, Inspire 1 (“SA-UAS”) for the proposed operations discussed below. UAS operations will occur

under tightly controlled conditions on private property where Sky Aerial has received permission to operate

from the landowner, controller or authorized representatives. The proposed UAS operations will be 

conducted in accordance with the conditions and limitations of this Petition for Exemption and Sky Aerial’s

Operations Manuals. As detailed in Sky Aerial’s Operations Manuals, all UAS operations will be limited to 

daytime VFR conditions, within visual line-of-sight ("VLOS") of the operator, in uncontrolled airspace, 

and will occur at least 5 miles away from an airport. Moreover, Sky Aerial’s Operations Manuals 

incorporate redundant safeguards to assure that the aircraft does not travel outside the controlled area of 

UAS operations, including GPS "geo-fencing" technologies.

A. Real Estate Video, Events, Surveying and Inspection 

Sky Aerial seeks to use small UASs for the purpose of conducting aerial video photography of real 

estate, video inspection of real estate and structures, news gathering, events, surveying, farming operations, 

emergency search and rescue, fire and UAS training operations.
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Aug 8th, 2015

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Sky Aerial has tailored its operations to meet the requirements established by the FAA in prior grants of

exemptions authorizing commercial use of UAS in the aerial video photography and inspections of real 

estate industry, including:

 Trudeau, Realtor® (Exemption No. 11138)

 Alon Sicherman (Exemption No. 11728)

 Sokoler Medley (Exemption No. 11341)

 Alan D. Purwin (Exemption No. 11161)

 Helinet Aviation Services, LLC (Exemption No. 11160)

UAS aerial video photography, inspection and data collection operations will be conducted on 

private property in a controlled area, away from spectators and persons not involved in the aerial video

photography, inspections and data collection operations. UAS operations will be conducted during daylight

hours, VFR conditions, at altitudes below 400' AGL. As set forth below, Sky Aerial’s operations provide a

superior level of safety and quality compared to performing the same video work using conventional fixedwing aircraft or helicopters.

B. Farming Operations, Emergency Search and Rescue and Education

Sky Aerial seeks to use small UASs for the purpose of conducting aerial real estate video production,

farming, commercial inspection services, search and rescue and education for the industry. Traditional methods 

of video real estate production and inspection of residential, commercial and public structures, exposes video 

producers and video inspectors to higher risks of serious injuries, or death. Videographers and inspectors need 

to climb roof tops or otherwise perform elevated work exposing them to the risk of dangerous falls, 

electrocution or other work related extremes. In addition, depending on the nature of the real estate video and 

inspections, proximity to commercial equipment, and other mechanical hazards associated with commercial 

construction and industrial site facilities often involves a risk of exposure to many hazards. The use of small 

UASs mitigates these hazards and is ultimately a much safer method of performing these and most other types 

of video production and inspections. 

Small UAS inspection is also safer than traditional manned aircraft performing the same function. 

Conventional operations using rotorcraft and fixed-wing aircraft in low level operations present risks associated 

with vehicles weighing thousands of pounds and carrying passengers and large amounts of fuel. It is important 

to note that the use of small UAS in this area will not only be safer and more cost effective, but the quality of 

collected data and information is far superior.

Additionally, the Sky Aerial seeks to use its UASs for the purpose as described, traditional methods of 

performing such aerial performances expose participants to a high degree of uncalled for risk, physical

harm or serious injury and death. Without the deployment of a UAS, real estate agents, inspectors, and 

emergency personnel typically must climb ladders, scaffolding and obstacles natural or manmade to setup 

cameras, equipment and the like. The use of expensive aircraft, utility implements and other means for 

accessing locations for video work decreases productivity and efficiency greatly and exposes all personnel

to a much greater risk of loss of equipment, dangerous falls, electrocution and other work related extremes. 

Traditional video capture and visual inspection may cause exposure to many hazards associated with

commercial, industrial and construction sites. All such tasks can now be safely managed through the 

adoption of UASs. 
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The use of small UAS mitigates such hazards and is ultimately a much faster, safer, higher quality and a far 

less expensive method of performing these and other dangerous tasks.

Conventional filming and inspection operations using rotorcraft and fixed-wing aircraft in low level 

operations present greater risks associated with vehicles weighing thousands of pounds and carrying large

amounts of fuel than any UAS. It is important to note that the use of small UAS for such functions will not 

only be safer and more cost effective, but the performance and quality of the collected data and information 

is far superior. 

Small UAS video production and inspection is more reliable and allows for the collection, 

dissemination and storage of visual and other sensory data with greater precision and longer proximity 

duration. Small UASs are also capable of accessing, filming and inspecting areas that would otherwise be

problematic or inaccessible to humans that cannot be completed with conventional aircraft.

II. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA

Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely

accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to 

Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in 

the National Air Space ("NAS") where it is safe to do so based on the following considerations.

● The UAS's size, weight, speed and operational capability;

● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested exemption is in the 

public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f)

(permitting exemptions from §§ 44701(a), (b) and §§ 44702 – 44716, et seq.). A party requesting an

exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2)

would not adversely affect safety (or how it would provide a level of safety at least equal to the existing

rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. COMPANY’S PROPOSED UAS OPERATIONS MEETS THE REQUIREMENTS OF

SECTION 333 OF THE REFORM ACT

The small UAS operations proposed by Sky Aerial in this Petition for Exemption qualify for 

expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant 

factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the SA-UAS due to their size weight, 

speed, and operational capability.
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 The SA-UAS are of the “same type, make and model” of other UAS that have been approved for

use in prior Section 333 Grants of Exemption from the FAA.

2

 The SA-UAS weigh less than 55 pounds, including payload.

 The SA-UAS will not be flown at a ground speed in excess of 50 knots.

 Altitude information will be generated by equipment onboard the UA as specified using GPS

triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. 

This information will be transmitted to the pilot via telemetric data feed.

 The UASs will have system redundancies and independent functionality to ensure the overall safety

and predictability of the system. If connection to the remote control or ground control station is 

lost, failsafe systems will permit the UAS to return to a predetermined location and safely land

without injury or damage.

 The radio frequencies used for operations and control of the UAS comply with the Federal 

Communications Commission ("FCC") and other appropriate government oversight agency

requirements. The operating frequency for the SA-UAS are 2.4 GHz. 

If the same operations were conducted using a helicopter, the aircraft's take-off weight would likely

exceed 6,000 pounds carrying a pilot, camera operator and VO-visual observer- navigator. The difference

in weight between the SA-UAS and a helicopter significantly reduces the potential harm to the participating

and non- participating individuals or property in the event of an accident or incident. In addition, the risk to 

the onboard pilot and camera operator is eliminated.

___________________________

2

See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of 

Exemption to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to Low Country RC, Corp. 

(Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 11161); Grant of Exemption 

to Helinet Aviation Services (Exemption No. 11160); Grant of Exemption to Total Safety U.S., Inc. 

(Exemption No. 11156).
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Aug 8th, 2015

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B. Approval is Warranted Based on the Operational Restrictions Set Forth in Sky Aerial’s

Operations Manuals

Sky Aerial’s Operations Manuals and the Manufacturer's Manual for the selected UASs will contain 

all the procedures and limitations necessary to safely and successfully perform the operations specified in 

this Petition for Exemption. To assist the FAA in making a safety assessment of Sky Aerial’s proposed 

operations, below is a summary of operational limitations and conditions that Sky Aerial will adhere to, and 

which will ensure an equivalent or higher level of safety to operations conducted under current regulatory

guidelines:

1. The UAS weighs less than 55 pounds, fully loaded.

2. All operations shall be conducted over private or controlled-access property with permission from 

the land owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight operation.

3. All UASs operated under the Grant of Exemption will 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 will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot- in Command 

("PIC") of the UAS, and one or more Visual Observers ("Observer") as necessary to safely conduct 

the mission.

5. PICs shall possess at least a Private Pilot's Certificate and current Class III Medical Certificate. The

PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which

the PIC is rated on his or her pilot certificate.

6. The UA shall be operated within VLOS of the PIC and Observer at all times. The PIC must use 

human vision unaided by any device other than corrective lenses, as specified on the PIC's FAAissued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all 

times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to the Sky Aerial’s

Operations Manuals. 
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The Operations Manuals will be maintained and made available to the Administrator upon request. 

If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Sky Aerial’s

Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and 

must be followed. Otherwise, Sky Aerial shall follow the procedures outlined in their Operations Manuals.

10. Sky Aerial may update or revise its Operations Manuals. Revisions will be tracked and a revised

copy of the Manual will be provided to the Administrator upon request.

Sky Aerial will also present an updated and revised Operations Manuals if it petitions for extension or

amendment to its Grant of Exemption. If an update or revision would affect the basis upon which the FAA 

grants the exemption, Sky Aerial will seek an amendment to its Grant of Exemption. Sky Aerial will 

contact the FAA’s UAS Integration Office (AFS-80) if questions arise regarding updates or revisions to the 

operating documents.

11. Sky Aerial’s Operations Manuals and its Grant of Exemption will be available to the

PIC at the ground control station anytime the UAS is operating.

12. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather 

conditions) there is enough power to fly to the first intended point of landing, and assuming normal 

cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the SA-UAS will be limited to 40 

minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less 

than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable 

controlled airspace without prior written authorization and approval from the FAA. In the event the

structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above

the highest point on the structure, and no more than 100 feet horizontally from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons 

other than the PIC, VO, operator trainees or essential personnel), 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 and/or;
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b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such

vessels, vehicles or structures has granted permission 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, 

and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue

hazard to those persons per § 91.119(a).

16. 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.

17. The UA may not operate within 5 miles of an airport reference point as denoted on a current FAApublished aeronautical chart unless a letter of agreement with that airport’s management is obtained, and 

the operation is conducted in accordance with a NOTAM as required by the Sky Aerial COA. The letter of

agreement with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the UAS to confirm that it is in a condition safe for flight. 

The pre-flight inspection will account for all discrepancies, e.g. inoperable components, items, or

equipment, not already covered in the relevant sections of the operating documents. The PIC shall not 

operate the UAS if the inspection reveals a condition that affects the safe operation of the UAS until the 

necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The

ground control station shall be included in the preflight inspection. All maintenance and alternations must 

be properly documented in the UAS records as required by Sky Aerial’s Operations Manuals.

19. Sky Aerial will carry out its maintenance, inspections, and record keeping requirements in 

accordance with the Operations Manuals. Maintenance, inspection, and alterations will be noted in the

UAS records, including total time in service, description of work accomplished, and the signature of the

authorized person returning the UAS to service.

20. 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 in

accordance with Sky Aerial Operations Manuals. The PIC who conductsthe functional test flight must make

an entry in the UAS aircraft records of the flight. The requirements and proceduresfor a functional test flight

and UAS record entry shall be included in the Sky Aerial’s Operations Manuals.
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21. The UAS will be operated and maintained according to the Manufacturer's Manuals and any

required manufacturer Safety/Service Bulletins.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on Sky 

Aerial’s Operations Manuals.

23. Sky Aerial will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or 

Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of 

Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in

accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level 

and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire or other appropriate governmental agencies

25. If the UAS loses communication with the pilot, it will have the capability to return to a predetermined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of communication 

between the PIC and the Observer.

27. The UAS will have the capability to safely abort flight in the case of unpredicted obstacles or

emergencies.

28. PICs and Observers will have at least a current Class III Medical Certificate.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner

consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS 

rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner

consistent with 14 CFR § 61.51(b), a minimum of 54 CFR §61.51(b), a minimum of 10 logged hours as 

UAS pilot operating the make and model of UAS to be utilized for operations under the exemption and 

thirty take-offs and thirty landing in the preceding 90 days.
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31. Operations shall occur during daytime VFR Meteorological Conditions; flights under Special 

Visual Flight Rules ("SVFR") shall not be conducted.

32. The UA shall remain clear and yield the right of way to all other manned operations and activities 

at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, 

hang gliders, etc.).

33. UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The UAs will not be operated from an elevated platform or moving device / vehicle.

35. Before conducting operations, the radio frequency spectrum used for operation and control of the

UA will comply with the Federal Communications Commission (FCC) or other appropriate government 

oversight agency requirements.

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory

authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act,

including UASs, from its safety regulations and minimum standards when the Administrator decides a

requested exemption is in the public interest.

3

Sky Aerial seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal 

Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using a

UAS. Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the 

operating procedures and safeguards that Petitioner has established which will ensure a level of safety better 

than or equal to the rules from which exemption is sought.

4

3

49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed 

pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).

4

14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the

exemption would not adversely affect safety, or how the exemption would provide a level of safety at least

equal to that provided by the rule from which you seek exemption.
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UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the

Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally

used for the same application. These criteria are met, and therefore no exemption is needed.

5 If, however, 

the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements 

of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Sky Aerial’s use of the SA-UAS are safe when taking into account their size, weight, speed, and

operational capability. As set forth in the description of proposed operations in Section IV (A), the

DJI S800weighs less than 55 pounds, including payload and will not be flown at a ground speed in 

excess of 50 knots. UAS is also equipped with safety features that will allow Petitioner to operate the

UAS safely after experience certain in-flight contingencies or failures.

6 7

5

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22).

6

See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA-2014-0803 at pg. 3): 

"The [SA-UAS] has the capability to operate safely after experiencing certain in-flight

contingencies or failures and uses an auto-pilot system to maintain UAS stability and control. The

UAS is also able to respond to a loss of global positioning system (GPS) or a lost-link event with a 

pre-coordinated, predictable, automated flight maneuver, and manual flight control functionality as

a backup. These safety features provide an equivalent level of safety compared to a manned aircraft 

performing a similar operation."

7

See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5): 

"The SA-UAS with its upgrade can be operated entirely by a touch-screen, map-based interface. 

This means the operator only needs to command the system where to go, and the system does all 

the flying for the operator. The SA-UAS can be operated in both semi and fully autonomousflight

modes, with the operatorsimply clicking on a map to create a pre-planned flight path for a flight. In

addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system

cannot enter areas 

{footnote continued}
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Additionally, the UASs carry neither pilots nor passengers, carry no explosive materials or flammable liquid 

fuels, and operate exclusively within the parameters stated in the Sky Aerial’s Operations Manuals.

Operations conducted under this exemption will be closely controlled and monitored by the operator

and will be conducted in compliance with local public safety requirements, to provide security for the area of 

operation. Sky Aerial will also provide the FAA with advance notice of all operations via NOTAMs as

required by the applicable COA. In all cases, operation of the SA-UAS under the proposed conditions will

be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate.

Lastly, the UASs do not need a means to communicate with other aircraft or ATC, because those

capabilities will be possessed by the PIC and Observer, who are not onboard the UAS.

8

In addition, no senseand-avoid technology is necessary for the UASs because they will be operated at all times in VFR conditions 

and within VLOS of the PIC and Operator.9

 B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of

normal category rotorcraft. To the extent that the Sky Aerial’s small UASs would otherwise require

certification under Part 27, Petitioner seeks an exemption from Part 27's

{continued from previous page}

Additionally, the UASs carry neither pilots nor passengers, carry no explosive materials or flammable 

liquid fuels, and operate exclusively within the parameters stated in the Sky Aerial’s Operations 

Manuals.

All flight operations are global positioning system (GPS) controlled, making the system easy to

navigate. At any point if the operator is not explicitly commanding the system to move, the system

automatically holds its GPS position. The flight control system employs not only GPS positioning but

a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure

stability so long as wind thresholds are not exceeded. Also a flight termination link – to prevent a 'fly

away' or other potentially dangerous situation – is available to the operator."

8

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13).

9

Id. airworthiness standards for the same reasons identified in the request for exemption from 14

C.F.R. Part 21, Subpart H, supra.
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C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification

Requirements

Sky Aerial seeks an exemption from the aircraft marking and identification requirements contained in 14 

C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally certificated

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit,

or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited,"

"restricted," "light-sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the

cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was 

warranted provided that the aircraft "have identification (N-Number) markings in accordance with 14 C.F.R 

Part 45, Subpart C if the markings are as large as practicable."

10

Equivalent Level of Safety

All UA flown by Sky Aerial will bear N-number markings that are as large as practicable in 

accordance with 14 C.F.R. Part 45, Subpart C.

11

10

FAA Docket No. FAA-2014-0352.

11See, e.g., FAA Docket No. FAA-2014-0352, at 14.
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Aug 8th, 2015

Page 15

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

Sky Aerial seeks an exemption from the maintenance inspection requirements contained in

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance

and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each 

owner or operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections have discrepancies repaired as prescribed in part 43 of this chapter"). An 

exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an

airworthiness certificate, which the UAS to be operated under this grant of exemption will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed 

in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. 

Further, as required by Sky Aerial’s Operations Manuals, the PIC will conduct a pre-flight inspection of the 

UAS and all associated equipment to account for all discrepancies and/or inoperable components. 

Maintenance will be performed and verified to address any conditions potentially affecting safe operation of

the UAS and no flights will occur unless, and until, all flight critical components of the UAS have been 

found to be airworthy and in a condition safe for operation. A functional test flight will be conducted 

following the replacement of any flight-critical components. As required by Sky Aerial’s Operations 

Manuals, the PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the 

flight.

Sky Aerial’s Operations Manual also includes requirements to follow the manufacturer’s UAS

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the

following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces 

(including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries),

ground control station, hazard accessories, and spare parts. Further, Sky Aerial’s Operations Manuals also 

includes procedures to document and maintain a record of the UAS maintenance, preventative maintenance,

alterations, status of replacement /overhaul component parts, and the total time in service of the UASs used 

under this Grant of Exemption. As a whole, the maintenance and inspection procedures required in Sky 

Aerial’s Operations Manuals ensure that an equivalent or higher level of safety will be achieved.
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PILOT-IN-COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Sky Aerial seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders 

from flying aircraft for compensation or hire, and would also require a second class medical certificate. The

purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the 

PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for

hire. In this case, while the UASs will be operated as part of a commercial operation, it carries neither

passengers nor cargo. 

In the Grant of Exemption to Astraeus Aerial

12, the FAA determined that the unique characteristics of

UAS operation outside of controlled airspace did not warrant the addition cost and restrictions attendant with 

requiring a the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment 

of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to 

any additional safety benefits when UAS operations are involved.

Equivalent Level of Safety

The restrictions the Sky Aerial has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial. Sky Aerial will operate on private property away from persons and 

property not involved in the operation. Sky Aerial will also obtain an ATO issued COA prior to conducting 

any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace

requirements in the ATO issued COA including class of airspace, altitude level and potential transponder 

requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, the Sky Aerial will further ensure safe operation by requiring

that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft 

operators but also in the unique aspects of UAS flight. As set forth in the Operations Manuals, pilots will

have experience not only in UAS operations generally but have logged flight time in the specific make and

model used for the operations before they are permitted to participate in commercial flights on behalf of Sky 

Aerial. The pilot qualification, training, and currency requirements in the Operations Manuals ensure that 

Sky Aerial’s pilots are competent and proficient in the UAS they are operating. Sky Aerial’s training and 

qualification requirements are consistent with those contained in prior FAA Section 333 Grants of

Exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at 

least an equivalent level of safety.

12

Exemption No. 11062 (FAA Docket No. FAA-2014-0352).
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Aug 8th, 2015

Page 17

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Although there will be no airworthiness certificate issued for the UASs, Sky Aerial seeks an 

exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be

operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the 

requirements of Part 21 are waived or found inapplicable.

13 Accordingly, Petitioner requests that the 

requirements for § 91.7(a) be treated in accordance with Section V (A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airworthiness

documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless 

there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the

following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph

(a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or

cockpit entrance so that it is legible to passengers or crew.

13

See id. at 13-14, 22 
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Aug 8th, 2015

Page 18

Given the small size and configuration of the UASs, it would be impossible to keep airworthiness 

documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has 

no cabin or cockpit.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and 

(b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, 

and other required documents from the ground control station from which he or she is operating the 

aircraft.

14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the 

pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be

achieved by ensuring that the pilot has access to the documents at the ground control station from which he

or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Sky Aerial seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAA-approved Flight 

Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely

conduct the flight, an exemption is requested to the extent that an FAA-approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Sky Aerial’s Operations Manuals 

and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any

defects or inoperable components in accordance with the Sky Aerial’s Operations Manuals, including 

checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures. The PIC will also be required 

to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, 

and contingency landing areas—before initiation of flight. Sky Aerial’s Operations Manuals and the 

Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all

times while operating the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and 

Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA2014-0352 at 16-18.
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Page 19

Sky Aerial seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that 

"no person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, by

their design, do not have functional dual controls. Instead, flight control is accomplished through the use of 

a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be 

required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UASs that Sky Aerial intends to use, an equivalent level of safe

training can still be performed without dual controls because no pilot or passengers are aboard the UAS, 

and as required by the Sky Aerial’s Operations Manuals, all persons will be a safe distance away in the

event that the UAS experiences any difficulties during flight instruction. Moreover, as required by the Sky 

Aerial’s Operations Manuals, all flight training will be conducted in controlled and sterile environment. As 

a whole, the safety procedures provided for in the Sky Aerial’s Operations Manuals ensure that the 

proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight 

instruction regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

The Sky Aerial requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c).

15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, 

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in noncongested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less 

than those minimum altitudes when it can be operated "without hazard to persons or property on the

surface," provided that "each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed UAS operations will normally need to occur below 

400 feet AGL. In circumstances where the UAS is used to inspect a structure whose height exceeds 400 

feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and 

within 100 feet horizontally of the structure. Additionally, due the nature of the proposed operations, the

Pilot and/or Observers(s) may need to be less than 500 feet away from the UAS.

15Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency

landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's 

proposed UAS operations will not occur over congested areas, and therefore an exemption from § 

91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slug wear, Inc., dba Like on a

tree Aerial (FAA-2014-0534 at 15)
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Aug 8th, 2015

Page 20

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights 

proposed herein, and given the lack of flammable fuel with the UASs, any risk associated with these

operations is far less than those that presently exist with conventional aircraft. An equivalent level of 

safety will be achieved given the size, weight, and speed of the UASs, as well the controlled location where

the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted 

to 400 feet AGL or below, or when inspecting a structure whose height exceeds 400 feet AGL, within 100 

feet above the highest point on that structure and 100 feet horizontally of the structure.

As set forth in the Operations Manuals, the UASs will be operated in a restricted area, and all flights 

will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that 

person is in a position where he or she is shielded from the UAS and any possible debris resulting from 

UAS failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person

within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet 

away from vehicles or structures unless the property owner/controller has granted permission and the PIC 

has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or

Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in the elevation 

of the departure airport or barometric pressure. An exemption is required to the extent that the UASs do

not have a barometric altimeter, but rather a GPS altitude read out. Sky Aerial’s Operations Manuals will

ensure operations can be conducted without compromising safety.

16

K. 14 C.F.R. § 91.121: Altimeter Settings

Sky Aerial seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft 

to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the 

departure airport or barometric pressure An exemption is required to the extent that the UASs do not have a

barometric altimeter, but rather a GPS altitude read out.

16

See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19):

"If barriers or structures are present that can sufficiently protect nonparticipating persons from the

UA or debris in the event of an accident, then the UA 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 UA, 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 orstructures grants

permission for the operation and the PIC makes a safety assessment of the risk of operating closer to 

those objects and determines that it does not present an undue hazard.”
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Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §

91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or 

below

17

, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator 

at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude initiation point is 

established for the PIC to confirm accuracy of the onboard GPS.

18

The UASs that Sky Aerial intends to use for the proposed operations will meet all these operational 

characteristics. Moreover, as required by Sky Aerial’s Operations Manuals, the PIC will be required to 

calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of 

Exemption, the UASs Sky Aerial intends to use, and the safety mitigation procedures contained in the

Operations Manuals, both ensure that an equivalent level of safety will be achieved, and a Grant of 

Exemption to the requirements of § 191.121 is therefore appropriate.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Sky Aerial requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR

conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and,

assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; 

or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations 

can be conducted while still maintaining a 30-minute battery reserve. An exemption from the fuel 

requirements of 14 C.F.R. § 91.151(a) is therefore required.

17

If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more

than 100 feet above the highest point on the structure.

18

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21).
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Aug 8th, 2015

Page 22

Equivalent Level of Safety 

 In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an 

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by 

prohibiting the PIC from beginning a SA-UAS flight unless (considering wind and forecast weather 

conditions) there was enough power to fly to the first intended point of landing and, assuming normal 

cruising speed, to fly after that for at least 10 minutes. 

In reaching this conclusion, the FAA considered that the UAS batteries for the SA-UAS provided 

provide approximately 20 minutes of powered flight (with payload) and provided battery level and battery 

time remaining in minutes and seconds to the PIC.19 The FAA also considered the fact that the SA-UAS

operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and that in the 

event that the UAS should run low on power, the PIC will be alerted and can land the SA-UAS as soon as 

possible. Like the VDOS Grant of Exemption, Sky Aerial use of the DJI PHANTOM & S1000, combined 

with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be 

achieved. 

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined 

that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by 

prohibiting the PIC from beginning a flight with the SA-UAS unless (considering wind and forecast 

weather conditions), there was enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 25% battery power remaining. Sky Aerial will adhere to this limitation for SA-UAS

flights. 

The SA-UASs’ include a low battery warning system and the amount of battery reserve power 

remaining is transmitted to the PIC via telemetric data feed, which downlinks from the UAS to a groundbased-on-screen display.20 As required by Sky Aerial’s Operations Manuals, the PIC will promptly fly the 

UAS back to the home launch location or pre-determined abort location where the UAS may safely land, 

while still maintaining a minimum of 25% reserve battery power. Sky Aerial submits that the procedures 

requiring flights to be safely terminated once the batteries fall below 25% capacity, combined with the 

requirement that flights only be conducted within a secure, isolated area, using a UAS weighting less than 

55 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide 

an equivalent or higher level of safety to that provided by the regulations from which exemption is sought. 

19 Grant of Exemption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10). 

20 The SA-UAS ground control station displays, the UASs position, navigation route, tail number, altitude, 

heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and 

orientation relative to the UAS. 
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Aug 8th, 2015

Page 23

VI. DRUG AND ALCOHOL PROGRAM

The Sky Aerial will have policies in place to ensure that no person may participate in UAS flight

operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST 

The public interest will be served by granting Sky Aerial’s Petition for Exemption. Congress has 

established a national policy that favors early integration of UAS into the NAS in controlled, safe working

environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill 

Congress' goal in passing Section 333(a) through (c) of the Reform Act—the FAA Administrator's

assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily 

required rulemaking.

The proposed SA-UAS operations in this Petition for Exemption significantly improve safety and 

reduce risk, harm or serious injury to real estate inspectors and property assessors. Traditional methods of real 

estate video production and inspection of structures, expose videographer-inspectors to higher risks of serious 

injuries, or death. Videographer-inspectors need to climb roof tops or otherwise perform elevated work, which 

exposes them to the risk of dangerous falls and other work related extremes. In addition, depending on the 

nature of the video needed and the inspection work, proximity to equipment and other hazards associated with 

commercial and industrial real estate sites and construction locations, often involves a great deal of risk to 

accomplish the job. Additional areas of public benefit are services provide for farming operations that improve 

crop yield through greater efficiency in crop management, emergency fire, search and rescue providing life 

savings attributes of SA-UAS operations and UAS training operations. The use of SA-UASs mitigates these 

hazards and is ultimately a much safer method of performing these and most other types of inspections.

The use of small UASs also enhances safety and reduces risk because, unlike manned aircraft 

weighing thousands of pounds, carrying crew in addition to flammable fuel, the UASs carry no passengers 

or crew. Further, in the unlikely event of an accident, the Sky Aerial small battery powered UASs presents 

significantly less danger to persons on the ground when compared to operations by conventional manned 

aircraft.21 As Petitioner's UASs are battery powered, the public will also benefit from a reduction in 

harmful emissions associated with conventional aircraft performing in the same functions proposed herein. 

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to videographers, UASs 

provide an additional tool for the aerial filming industry, adding a greater degree of flexibility, which 

supplements the current capabilities offered by manned aircraft.22

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12): 

"Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and are operated by an 

onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh 

less than 55 pounds with no onboard pilot or crew. The pilot and crew will be remotely located from the 

aircraft. The limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The risk to an onboard pilot 

and crew during an incident or accident is eliminated with the use of a UA for the aerial filming and many 

types of aerial inspection operations.
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Aug 8th, 2015

Page 24

VIII. PRIVACY 

All SA-UAS operations will be conducted in accordance with applicable federal, state, or local laws 

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

permission from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted. 

IX. FEDERAL REGISTER SUMMARY 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL 

REGISTER, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations: 

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 

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

(b).

The exemption will enhance safety by reducing risk to the general public and property from 

substantial hazards associated with performing equivalent aerial videography, photography and inspection

with conventional fixed-wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

The Sky Aerial Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 

2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation 

within VLOS and national security. The proposed UAS operations will benefit the public as a whole by 

improving safety and reducing risk by alleviating human exposure to danger or harm. In consideration of the 

foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting 

the requested exemptions allowing Sky Aerial to use small UASs for; aerial videography, photography of real 

estate, video inspection of residential, commercial and government structures, news gathering, surveying, 

farming operations monitoring, emergency search and rescue, fire and UAS training operations.

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18).
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Aug 8th, 2015

Page 25

We thank you for your prompt consideration of our requested exemptions. 

Respectfully submitted,

Timothy Smythe

President

Sky Aerial Productions, Inc.

Should you have any questions, or if you need any additional information to support the requested 

exemptions, please contact the undersigned at:

159 Garfield Lane

Sharps Chapel, TN, 37866

Phone: 561-254-1802

Email: tim@smythefl.net

(The following attached items contain proprietary and commercial information exempt from disclosure 

under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant 

to 14 C.F.R. § 11.35(b)). 

Attachments: 

1. General Operations Manual

2. PIC Operating Manual

3. Company Protocols

4. Location Protocols

5. Flight Communications Protocols

6. Departing Location Protocols

7. Transmitter Protocols

8. Preflight Checklist

9. Post Flight Checklist

10. Equipment Checklist

11. UAS Manufacturer’s Manuals

User Manuals

UAS Maintenance Manuals