UNITED	STATES	OF	AMERICA

DEPARTMENT	OF	TRANSPORTATION

FEDERAL	AVIATION	ADMINISTRATION

WASHINGTON,	DC

Regulatory	Docket	No.	_______________

IN	THE	MATTER	OF	THE	PETITION	FOR	EXEMPTION	OF:

Skye	Cam	Productions	LLC

FOR	AN	EXEMPTION	SEEKING	RELIEF FROM	THE	REQUIR EMENTS	OF TITLE	14	OF	THE	CODE

OF	FEDERAL	REGULATIONS SECTIONS	61.113(a)	&	(b),	91.7(a),	91.121,	91.151(b),	91.405(a),

91.407(a)(1),	91.409(a)(1)	&	(a)(2),	AND	91.417(a)	&	(b)	CONCERNING	COMME RCIAL

OPERATION	OF	DJI INSPIRE	1	UNMANNED	AIRCRAFT	SYSTEMS

PURSUANT	TO	SECTION	333	OF THE	FAA	MODERNIZATION	AND	REFORM	ACT	OF	2012

(PUBLIC	LAW	112

- 95)

Submitted	on	September	21,	2015

Skye	Cam	Productions	LLC

5212	Tabard	CT	Baltimore,	MD	21212

Tel:	(202)	681

- 1813

skyecamprod@gmail.com

skyeldemoya@gmail.comI. PETITION	SUMMARY

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012,

Pub.	L.	No.	112

- 95	(2012), 126	Stat.	11	(“Section	333”)	and	the	Federal	Aviation

Administration’s	(“FAA”)	general	exemption	authority	under	49	U.S.C.	§	44701(f),	New	Sky

Perspectives,	LLC	(“Petitioner”)	hereby	petitions	for	a	“Summary	Grant”	Exemption	from	14

C.F.R.	Part	21,	14	C.F. R.	§§	61.113(a)	and	(b),	61.133(a),	91.7(a),	91.9(b)(2),	91.103(b)(1),

91.119(c),	91.121,	91.151,	91.203(a)	and	(b),	91.405(a),	91.407(a)(1)	91.409(a)(2),	91.417(a)

- (b).	The	proposed	exemptions,	if	granted,	would	allow	Petitioner	to	operate	small,	camera

m ounted	unmanned	aircraft	systems	(“UAS”)	weighing	55	pounds	or	less	for	the	purpose	of

filming	and	aerial	photography	in	the	motion	picture,	television,	advertising,	and	real	estate

industries.

Based	on	the	small	size	of	Petitioner’s	UAS,	the	qualificatio ns	and	experience	of	Petitioner’s

UAS	operators,	and	the	restricted,	sterile	environment	within	which	Petitioner	will	operate,

the	requested	exemptions	fall	squarely	within	the	zone	of	safety	envisioned	by	Congress

and	set	forth	in	Section	333.	Additionall y,	the	enhanced	safety	achieved	by	replacing

significantly	larger	manned	aircraft	carrying	crew	and	flammable	fuel	with	small	UAS

carrying	no	passengers	or	crew	and	operated	under	the	specific	guidelines	and	procedures

proposed	by	Petitioner	gives	the	FAA good	cause	to	find	that	the	UAS	operations	enabled	by

the	instant	Petition	are	in	the	public	interest.	Because	the	requested	exemption	would	not

set	precedent,	and	because	any	delay	in	acting	on	this

Petition	would	be	detrimental	to	Petitioner,	good	cause exists	for	granting	this	Petition	on

an	expedited	basis	pursuant	to	the	FAA’s	streamlined	“Summary	Grant”	process.	In

addition,	good	cause	exists	for	foregoing	a	published	summary	of	the	petition	in	the	Federal

Register.	Thus,	Petitioner	respectfully	requ ests	that	the	FAA	grant	this	non

- precedent

setting	exemption	on	an	expedited	basis.

II. STATUTORY	AUTHORITY

A. Section	333

Section	333,	titled	“Special	Rules	for	Certain	Unmanned	Aircraft	Systems,”	provides	a

mechanism	for	seeking	expedited	FAA	authori zation	of	safe	civil	UAS	operations	in	the

National	Airspace	System	(“NAS”).	Section	333(a)	states	that	the	FAA	“shall	determine	if

certain	unmanned	aircraft	systems	may	operate	safely	in	the	national	airspace	system

before	completion	of	the	[comprehensive ]	plan	and	rulemaking	required	by	section

332(b)(1)	of	this	Act	or	the	guidance	required	by	section	334	of	this	Act.”	In	Section

332(b)(1),	Congress	made	it	clear	that	Section	333	provides	a	mechanism	for	“expedited

operational	authorization.”	The	FAA has committed	to	complying	with	this	mandate	by

granting	several	petitions	almost	identical	to	the	one	at	hand. See,	e.g., Exemption	No.

11062,	Regulatory	Docket	No.	FAA

- 2014

- 0352	(granting	regulatory	exemptions	to	AstraeusAerial	for	operation	of	unmanned	air craft	systems	for	the	purpose	of	filming	for	the	motion

picture	and	television	industry).

Section	333(b)	identifies	several	factors	that	the	FAA	should	consider	in determining

whether	commercial	UAS	operations	should	be	approved.	These	include	UAS	that,	“ as	a

result	of	their	size,	weight,	speed,	operational	capability,	proximity	to	airports	and

populated	areas,	and	operation	within	visual	line	of	sight	do	not	create	a	hazard	to	users	of

the	[NAS]	or	the	public	or	pose	a	threat	to	national	security.” See Se ction	333(b).

B. Section	44701(f)

In	addition	to	the	specific	authority	conferred	by	Section	333,	the	FAA Administrator	has

general	authority	to	grant	exemptions	from	the	FAA’s	safety regulations	and	minimum

standards	when	the	Administrator	decides	a	req uested exemption	is	in	the	public	interest.

See U.S.C.	§	44701(f).

III. REQUESTED	EXEMPTIONS

Petitioner	requests	relief	from	the	following	regulations:

Part	21	prescribes,	in	pertinent	part,	the	procedural	requirements	for	issuing	and	changing

design	app rovals,	production	approvals,	airworthiness	certificates,	and	airworthiness

approvals.

Section	61.113	prescribes	that	“no	person	who	holds	a	private	pilot	certificate	may	act	as	a

pilot	in	command	of	an	aircraft	that	is	carrying	passengers	or	property	for compensation	or

hire;	nor	may	that	person,	for	compensation	or	hire,	act	as	pilot	in	command	of	an	aircraft,”

( see Section	61.113(a)),	and	that	“a	private	pilot	may,	for	compensation	or	hire,	act	as	pilot

in	command	of	an	aircraft	in	connection	with	any	b usiness	or	employment	if:	(1)	The	flight	is

only	incidental	to	that	business	or	employment;	and	(2)	The	aircraft	does	not	carry

passengers	or	property	for	compensation	or	hire,”	( see Section	61.113(b)).

Section	61.133(a)	sets	forth	privileges	for	persons holding	commercial	pilot	certificates,

including	a	provision	impliedly	limiting	to	persons	holding	a	commercial	pilot	certificate	the

ability	to	act	as	pilot	in	command	of	an	aircraft	“[f]or	compensation	or	hire.”

Section	91.7(a)	prescribes,	in	pertinent part,	that	no	person	may	operate	a	civil	aircraft

unless	it	is	in	an	airworthy	condition.

Section	91.9(b)(2)	prohibits	operation	of	U.S.	registered	civil	aircraft	unless	there	is	available

in	the	aircraft	a	current	approved	Airplane	or	Rotorcraft	Flight	M anual,	approved	manual

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

Section	91.103(b)(1)	prescribes,	in	pertinent	part,	that	each	pilot	in	command	shall,	before

beginning	a	flight,	become	familiar	with	all	available	information	concerning that	flight,	toinclude,	“For	any	flight,	runway	lengths	at	airports	of	intended	use,	and	the	following

takeoff	and	landing	distance	information:...	For	civil	aircraft	for	which	an	approved	Airplane

or	Rotorcraft	Flight	Manual	containing	takeoff	and	landi ng	distance	data	is	required,	the

takeoff	and	landing	distance	data	contained	therein.”

Section	91.119(c)	prescribes	that,	except	when	necessary	for	takeoff	or	landing,	no	person

may	operate	an	aircraft	below	the	following	altitudes:	“Over	other	than	cong ested	areas.	An

altitude	of	500	feet	above	the	surface,	except	over	open	water	or	sparsely	populated	areas.

In	those	cases,	the	aircraft	may	not	be	operated	closer	than	500	feet	to	any	person,	vessel,

vehicle,	or	structure.”

Section	91.121	requires,	in	pe rtinent	part,	each	person	operating	an	aircraft	to	maintain

cruising	altitude	by	reference	to	an	altimeter	that	is	set	“to	the	elevation	of	the	departure

airport	or	an	appropriate	altimeter	setting	available	before	departure.”

Section	91.151(a)	prescribes that	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.

Section	91.203	prohibits,	in	subpart	(a),	any	person	from	operating	a	civil	aircraft	unless	it

has	within	it	(1)	an	appropriate	and	current	airworthiness	c ertificate;	and	(2)	an	effective

U.S.	registration	certificate	issued	to	its	owner	or,	for	operation	within	the	United	States,

the	second	copy	of	the	Aircraft	Registration	Application	as	provided	for	in	§	47.31(c).

Section	91.203	prescribes,	in	subpart	(b) ,	that	no	person	may	operate	a	civil	aircraft	unless

the	airworthiness	certificate	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.

Section	91.405(a)	require s,	in	pertinent	part,	that	an	aircraft	operator	or	owner	shall	have

the	aircraft	inspected	as	prescribed	in	subpart	E	of	the	same	part	and	shall,	between

required	inspections,	except	as	provided	in	paragraph	(c)	of	the	same	section,	have

discrepancies	repa ired	as	prescribed	in	Part	43	of	the	chapter.

Section	91.407(a)(1)	prohibits,	in	pertinent	part,	any	person	from	operating	an	aircraft	that

has	undergone	maintenance,	preventative	maintenance,	rebuilding,	or	alteration	unless	it

has	been	approved	for	retu rn	to	service	by	a	person	authorized	under	§	43.7	of	the	same

chapter.

Section	91.409(a)(2)	prescribes,	in	pertinent	part,	that	no	person	may	operate	an	aircraft

unless,	within	the	preceding	12	calendar	months,	it	has	had	an	inspection	for	the	issuance

of an	airworthiness	certificate	in	accordance	with	part	21	of	this	chapter.Section	91.417(a)	and	(b)	prescribes,	in	pertinent	part,	that

- (a) Each	registered	owner	or	operator	shall	keep	the	following	records	for	the	periods

specified	in	paragraph	(b)	of	t his	section:

(1) Records	of	the	maintenance,	preventative	maintenance,	and	alteration	and	records	of

the	100

- hour,	annual,	progressive,	and	other	required	or	approved	inspections,	as

appropriate,	for	each	aircraft	(including	the	airframe)	and	each	engine, propeller,	rotor,	and

appliance	of	an	aircraft.	The	records	must	include

-

(i)	A	description	(or	reference	to	data	acceptable	to	the	Administrator)	of	the	work

performed;	and

(ii) The	date	of	completion	of	the	work	performed;	and

(iii) The	signature ,	and	certificate	number	of	the	person	approving	the	aircraft	for

return	to	service.

(2) Records	containing	the	following	information:

(i) The	total	time	in	service	of	the	airframe,	each	engine,	each	propeller,	and	each

rotor.

(ii) The	current	status of	life

- limited	parts	of	each	airframe,	engine,	propeller,	rotor,

and	appliance.

(iii) The	time	since	last	overhaul	of	all	items	installed	on	the	aircraft	which	are

required	to	be	overhauled	on	a	specified	time	basis.

(iv) The	current	inspection	status of	the	aircraft,	including	the	time	since	the	last

inspection	required	by	the	inspection	program	under	which	the	aircraft	and	its

appliances	are	maintained.

(v) The	current	status	of	applicable	airworthiness	directives	(AD)	and	safety

directives	includi ng,	for	each,	the	method	of	compliance,	the	AD	or	safety	directive

number	and	revisions	date.	If	the	AD	or	safety	directive	involves	recurring	action,

the	time	and	date	when	the	next	action	is	required.

(vi)	Copies	of	the	forms	prescribed	by	§	43.9(d)	of this	chapter	for	each	major

alteration	to	the	airframe	and	currently	installed	engines,	rotors,	propellers,	and

appliances.

(b) The	owner	or	operator	shall	retain	the	following	records	for	the	periods	prescribed:(1) The	records	specified	in	paragraph	( a)(1)	of	this	section	shall	be	retained	until

the	work	is	repeated	or	superseded	by	other	work	or	for	1	year	after	the	work	is

performed.

(2) The	records	specified	in	paragraph	(a)(2)	of	this	section	shall	be	retained	and

transferred	with	the	aircraft	at the	time	the	aircraft	is	sold.

(3) A	list	of	defects	furnished	to	a	registered	owner	or	operator	under	§	43.11	of	this

chapter	shall	be	retained	until	the	defects	are	repaired	and	the	aircraft	is	approved

for	return	to	service.

IV. PETITIONER’S	PROPOSE D	OPERATIONS	SATISFY	SECTION	333.

A. Unmanned	Aircraft	System

The	UAS	to	be	operated	under	this	request	are	less	than	55	lbs.	fully	loaded,	will be

operated	at	a	speed	of	no	more	than	87	knots	(100	miles	per	hour),	carry	neither	a	pilot	nor

passenger,	carr y	no	explosive	materials	or	flammable	liquids,	and	operate	exclusively	within

a	secured	area.	In	no	case	will	the	UAS	be	operated	at	airspeeds	greater	than	the	maximum

UAS	operating	airspeed	recommended	by	the	aircraft	manufacturer.	Petitioner’s	UAS	use	a

radio	frequency	spectrum	for	operation	and	control	that	complies	with	Federal

Communications	Commission	(“FCC”)	requirements,	and	Petitioner	has	integrated	safety

features	into	the	UAS,	as	described	in	Petitioner’s	Flight	Operations	and	Procedures	Manual

( “FOPM”) and	Motion	Picture	and	Television	Operations	Manual	(“MPTOM”) (collectively,

“operating	manuals”).		Petitioner’s	UAS	are	equipped	with redundant	safety	mechanisms

allowing	them	to	operate	safely	after	experiencing	certain	in

- flight	failures.	If	a	l ost

- link

event	occurs,	including	the	loss	of	ground	communications	and/or	the	loss	of	a	GPS	signal,

Petitioner’s	UAS	have	the	ability	to	perform	a	pre

- coordinated,	predictable,	automated

flight	maneuver	and	return	to	a	predetermined	location	within	a	desig nated	security

perimeter	for	landing.	The	UAS	further	have	the	ability	to	abort	a	flight	in	the	event	of

unpredicted obstacles	or	emergencies.	The	PIC	will	not	begin	a	flight	unless	(considering

wind	and	forecast	weather	conditions)	there	is	enough	availab le	battery	power	for	the	UAS

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

the	reserve	power	recommended	by	the	manufacturer	if	greater. Thus,	good	cause	existsfor	granting	Petitioner’s	requested	relief	fro m	14	C.F.R.	§	91.151(a)	(setting	forth	fuel

requirements	for	flight	in	VFR	conditions).

Petitioner’s	UAS	will	be	identified	by	serial	number,	registered	in	accordance	with	14	C.F.R.

Part	47,	and	have	identification	(N

- Number)	markings	in	accordance	with	14 C.F.R.	Part	45,

Subpart	C.	Markings	will	be	as	large	as	practicable.

Regarding	Petitioner’s	requested	relief	from	14	C.F.R.	§	91.121	(Altimeter	Settings),

Petitioner	seeks	such	relief	because	Petitioner	will	not	have	a	typical	barometric	altimeter

onboar d	the	UAS.	Instead,	altitude	information	will	be	provided	to	the	UAS	PIC	via	a	digitally

encoded	telemetric	data	feed,	which	downlinks	from	the	aircraft	to	a	ground

- based	on

screen	display.	The	altitude	information	will	be	generated	by	equipment	installed onboard

the	UAS,	using	GPS	triangulation,	digitally	encoded	barometric	altimeter,	radio	altimeter,	or

any	combination	thereof.	Prior	to	each	flight,	a	zero	altitude	initiation	point	will	be

established	and	confirmed	for	accuracy	by	the	UAS	PIC.	Thus,	good cause	exists	for	granting

the	requested	relief	from	14	C.F.R.	§	91.121.

Given	the	size,	weight,	speed,	and	limited	operating	area	associated	with	the	aircraft	to	be

utilized	by	the	applicant,	an	exemption	from	14	C.F.R.	Part	21,	Subpart	H	(Airworthiness

Certificates),	subject	to	certain	conditions	and	limitations,	is	warranted	(if	necessary)	and

meets	the	requirements	for	an	equivalent	level	of	safety	under	14	C.F.R.	Part	11	and	Section

333.	The	UAS	operated	without	an	airworthiness	certificate	in	the	res tricted	environment

and	under	the	conditions	and	limitations	proposed	by	Petitioner	will	be	at	least	as	safe,	or

safer,	than	a	conventional	aircraft	(fixed	wing	or	rotorcraft)	operating	with	an	airworthiness

certificate	issued	under	14	C.F.R.	Part	21,	Subp art	H,	and	not	subject	to	the	proposed

limitations	and	conditions.

Petitioner	will	strictly	comply	with	safety	and	maintenance	procedures	included	in	all

applicable	UAS	manufacturer’s	instructions	and	operating	manuals.	To	the	extent	such

information	is not	included	in	the	guidelines	developed	by	the	manufacturers,	Petitioners

will	develop	and	document	maintenance,	overhaul,	replacement,	and	inspectionrequirements,	procedures	to	document	and	maintain	maintenance	records	with	regard	to

Petitioner’s	UAS,	a nd	UAS	technician	qualification	criteria.	Petitioner’s	operations	manuals

will	include	maintenance	requirements	for	Petitioner’s	UAS,	including	“on

- condition”

maintenance	and	modifications.	In	light	of	these	mitigating	factors,	exemptions	from	14

C.F.R.	§§ 91.405(a),	91.407(a)(1),	91.409(a)(1)	and	(2),	and	91.417(a)	and	(b)	are	warranted.

B. UAS Pil o t in C o mma n d

Petitioner’s UAS pilot in c o m m a n d (“PI C ”) s hall hold e i ther an a i rl i ne transpor t

,

c o m m ercial, private, r e creational, or	sport pil o t certi f icate

. The P I C s hall also h o ld a current

FAA	airman	medical	certificate	or	a	valid	U.S.	driver’s	license	issued	by	a	state,	the	District

of	Columbia,	Puerto	Rico,	a	territory,	a	possession,	or	the	Federal	government.	Since	there

are	no	standards	for	either private	or	commercial	UAS	pilot	certificates,	knowledge	of

airspace	regulations	acquired	from	FAA	ground	school	and	dexterity	in	the	control	and

operation	of	the	UAS	acquired	from	actual	operation	of	the	aircraft	will	be	the	most

important	factors	in	estab lishing	an	equivalent	level	of	safety.	According	to	the	FAA,	“the

FAA	considers	the	overriding	safety	factor	for	the	limited	operations	proposed	by	the

petitioner	to	be	the	airmanship	skills	acquired	through	UAS

- specific	flight	cycles,	flight	time,

and	spe cific	make	and	model	experience,	culminating	in	verification	through	testing.” See

Exemption	No.	11062,	Regulatory	Docket	No.	FAA

- 2014

- 0352,	at	p.	18.

W i t h those f actors i n mind, Petit i oner will not allow a n y PIC to	oper a te unless t h e PIC

d e m o nstrates the a bili t y to sa f e l y ope r ate the UAS i n a m an n er c onsistent with h o w the	UAS

will be o pera t ed under th i s ex e mpti o n, includi n g evasi v e a n d e m ergen c y m a neuvers a nd

m a i nta i ning appr o priate d i sta n ces f rom pe r sons, v ess e ls, vehicles, and structures. PIC

q u ali f icat ion f light hours and curren c y wi l l be lo g g e d in a m an n er consistent with 14 C.F

. R. §

61.5 1 (b). F l ights f or the pur p ose of	train i ng Petiti o ner’s P I Cs and VOs ( t raining, pro f icien c y

,

and experie n c e

- building) will be c on d ucted under the te r m s of	the reques t ed ex e m ption.

Duri n g tra i ning, pro f icien c y

, a nd experience

- b uilding f lights, all persons not essential f or

f light ope r ations are c o nsider e d n onparticipa n ts, and	the PIC w i ll opera t e t h e aircra f t withappr o pr i ate distance f r o m n o n p articipants i n

accordance w i th 14 C

. F.R. § 91

. 119.

Regarding Petitio n er’s requested re l ief f rom 1 4 C.F.R. § 91.7(a )

, it	is Petitioner ’ s

understand i ng that Pet i tioner’s U AS will not r equire an ai r worthi n ess certi f icate in

accordance w ith 14 C

. F.R. Part 21, Su b part H

, and that e x e m pti o n f rom 14 C

. F.R. § 91.7(a)

is	there f ore u nnecessa r y

. To the e x t ent such an	ex e m pt i on is de e m ed n ecessa r y

,

Petitioner a sserts t hat it should be	granted in l i ght of	the sa f e t y p r oce d ures prop o sed

herein.		In a c cordance with the pe r tinent p art of	14 C.F.R. § 9 1 .7(b), the operator in

c o m m and of Petit i one r ’s UAS s h all be r e spo n sible f or dete r m ini n g w hether the ai r cra f t is

in a sa f e	condition f or f light. Pet i tioner’s ma n uals f or m a i ntenance a nd operati o ns shall

include	sa f e t y check l is t s to be us e d b y the ope r ator in c o mmand p r ior to each f light.

Regarding Petitio n er’s requested re l ief f rom 1 4 C.F.R. § 91.9( b )(2) ( Civil aircra f t f light

m a n ual, m ar k ing, and placard requir e m e nts) and § 91.203( a ) a n d (b), (Civ i l aircra f t:

certi f ications r equired), it is Petit i one r ’s u nderst a nding t h at r e lief f rom these regulations is

no l onger necessa r y i n light of	the FAA M e moran du m “ Interpretati o n regarding w hether

ce rt ain required doc u m e nts m a y be ke p t at an un manned aircra f t’s control sta t ion,” da t ed

August 8,	2014. To t h e extent t he FAA d e e ms an ex e m p t ion f r o m	this secti o n necess a r y f or

Petitio n er’s pr o pos e d operatio n s, such e x e m p tion s h ould be granted in l ight of	the

m i t igating f act that Pet i tioner will mainta i n the doc u m ents requir e d under 14 C .F.R. § § 91

. 9

and 91. 2 03 at the U A S ground c ontrol s tati o n during f lights.

Additiona l l y

, 10 0 % of	Petitioner’s operat i ons will utilize a visual ob s erver	(“VO”). T h e

VO m a y be used to satis f y t he V LOS requi r e m ent a s l o ng as the P IC	alw a y s m a i ntains VL O S

capabili t y

. The VO a nd the PIC will be	a ble to c o m m u nicate	verbal l y at a ll t i m es d u ring

operat i onal f lights.

Regarding Petitio n er’s requested re l ief f rom 1 4 C.F.R. § 91.1 0 3(b)( 1 ), Petition e r	will

c o m p l y with t he o t her applicab l e proce d u r es and requ i r e m ents st a ted in §91

. 103(a)	and

(b). S peci f ica l l y

, t he PIC wi l l take all act i ons includ i ng revi e wi n g weather, f light	batte r y

requ i r e m ent s

, a ircra f t per f or m ance d a t a, and land i ng and t ak e off distances be f ore

initiation of	a f light. T he PIC wi l l also a c co u nt f or all relevant si t e

- s peci f ic conditions i n theirpre f light proc e du r es. Risks present e d b y sun glare w ill be	mitig a ted b y the PIC’s and	VO’s

a bili t y t o see other air tra ff ic and in i tiate a retur n

- to

- h o me s equence if	needed.

The PIC’s UAS o perat i on will be	l i m ited to a unique and restrict e d e nviro n m e n t

.

Given the ( 1) separa t i o n of	closed

- set f ilming operations f r o m o t her m a nned op e rations,	(2)

parallel n ature of	a e ronautical k nowle d ge r equir e m ents inc u mbent in obtain i ng a	private,

recre a tional, or	sport pilot certi f icate v ersus a c o mmercial pi l ot’s li cense, and (3)	the

propos e d UAS ai r m a nship s kills of	Petit i oner’s PI C s, the a d diti o nal m anned	ai r m anship

experie n ce of	a	com m e r cial pil o t would not correlate to t he ai r m ans h ip skil l s	necessa r y f or

Petit i one r ’s propos e d u n m a n ned operations. Thus, Peti t ioner ’s req u est f or	relief f rom 14

C.F

. R. § 61.113(a) a nd (b) a n d § 61.133(a) should be g r anted.

C. Operating Par a m ete r s o f Petitioner’s UAS

Petitioner’s UAS oper a tions will be con d ucted within a s t erile en v ir o nment of

closed

- set f i l m ing. In t his contro l led envi r o n m e nt, Peti t ioner’s ope r ations will r e m ain

within V L OS of	the P I C and VO, below 400 f eet AGL, a n d at spe e ds below 87 knots.	On l y

partic i pating per s ons will be	pe r m it t ed w ithin the o perating a re a

. 1

Consistent with t he rel i ef t y pical l y provid e d to m a nned o p erations u n der FAA

Order 890 0 .1, Vo lu m e 3, Chapter 8, Sect i on 1,	Petitioner requests rel i ef f rom 14 C.F.R.

§91.119(c) with r e spe c t to those p articipa t ing persons, v e hicles, a nd s tructures di r ect l y

involved i n the per f o r m a nce of	the actual f i l m i ng

. Re g arding dist a nce f rom

pa r ticipati n g	persons, t h e operat i ons m a nuals set f orth sa f ety f a ctors f or authori z ed

and conse n ting	production person n el. Because th o se proc e d u res are speci f ic to

pa r t i cipating pe r sons, n o f urther FSDO or a viat i on sa f e t y i n specto r ap p roval is

nec e ssa r y f or r eductions t o the	distances s peci f ied in P etitioner’s manuals.

Regarding t he dist a nce f rom nonp a rticipat i ng persons, P etitioner will ensure that

all operati o ns are c o n d ucted at lea s t 500 f eet f r o m all no n particip a ti n g persons, v essels,

1 Pursuant to	Order 8 9 0 0.1 V3, C 8, S1, “ partic i pating per s ons” in c lud e s all perso n s	associated with the f i l m i ng pro d uction.vehicles, a n d struc t ures unless:

(a) Barriers or	structur e s a re present t h at su ff icient l y protect nonparti c ip a ting

persons f r o m the U AS and/or debr i s in the ev e nt of	an accident. P eti t ioner will

ensure that n o npa r ticipating p ersons r e m a in under s u ch pr ote c ti o n. If	a

situation a r ises w h ere n onparticipa t ing per s ons leave such protecti o n a nd	are

within 5 00 f eet of	the UAS, f light op e rati o ns m ust ce a se i mmedi a te l y in a

manner e n suring t he	sa f e t y of	nonpartic i pat i ng person s ; and

(b) The owner/ c ontroll e r o f	a n y v esse l s, vehi c les, or structur e s has	gr a nt e d

pe r m ission f or operati n g closer to t hose o bjec t s and the P IC has made a sa f e t y

asse ss m ent of	t h e risk of	operating c lo s er to those objects a nd has	dete r m ined

that it d oes not present an und u e h azard.

Unless a le t ter of	agre e m e nt with an airpo r t’s m a nag e m e n t is obt a in e d or the

operations a re othe r wi s e pe r m itted b y a Ce r ti f icate of W aiv e r or Au th orization ( “ COA”),

Petitioner will not con d uct UAS o peratio n s wi t hin 5 naut i cal m iles of an airport re f erence

point (“A R P ”) as d eno t ed in the cu r rent F AA Airport/Fa c ili t y D i rec t o r y (“AFD ” ). For	airports

not denot e d w i th an AR P

, Petit i oner will not c o nduct U AS operations within 5	nautical m i l es

of	the c e nter of	the airport s y m b ol as denot e d on t h e c u rrent FAA

- published a eron aut i cal

chart, with o ut the a f or e m e ntioned letter of	ag r eement or C OA in place. The l etter of

ag r eement wi t h airport m a nag e m ent w ill be	made available to	the FAA and a n y law

e n f orcement o ff icial upon r e quest. All operati o ns will be c onducted in	accord a nce with a

No t ice to A i r men (“NOTAM ” ).

Add i tio n al l y

, Petit i oner wi l l not operate in	Class B

, C,	or D airspa c e without w r itten

a p pro v al f rom the FAA. Nor will Petit i oner ope r ate t he UAS l e ss 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.

Petitioner’s	UAS	will	remain	clear	and	yield	the	right	of	way	to	all	manned	operations	and

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

par asailing	activities,	and	hang	gliders).Although	Petitioner	seeks	to	comply	with	the	waiver	process	as	described	in	FAA

Order	8900.1,	Volume	3,	Chapter	8,	Section	1	(Issue	a	Certificate	of	Waiver	for	Motion

Picture	and	Television	Filming),	the	current	sec tion	of	Order	8900.1	has	specific	processes

that	preclude	a	jurisdictional	FAA	FSDO	from	issuing	the	required	Certificate	of	Waiver,

because	the	section	did	not	originally	provide	for	UAS	operations.	Thus,	Petitioner	seeks

exemption	from	the	applicable	reg ulations	normally	waived	during	that	process .	Petitioner

proposes	that	the	FAA	include	the	required	notifications	and	coordination	with

jurisdictional	FSDOs	through	the	conditions	and	limitations	accompanying	the	requested

exemption,	and	that	the	exemption sought	herein	will	take	the	place	of	the	Certificate	of

Waiver	normally	issued	by	a	jurisdictional	FSDO	under	8900.1.	Under	this	rubric,	Petitioner

will	notify	every	FSDO	with	jurisdiction	over	the	area	that	Petitioner	plans	to	operate,	just

as	with	manne d	filming	operations,	and	those	FSDOs	will	have	the	ability	to	coordinate

further	conditions	and	limitations	with	the	UAS	Integration	Office	to	address	any	local

concerns.

Petitioner r equests a “ b lanket” C O A pe r m i tti n g c o m m erci a l UAS op e rations at or

below 2 00 f eet A G L

. For all oth e r operat i on s

, Petitioner will o b tain an Air Tra ff ic

Organizati o n (“AT O ”) issued C O A prior to c o nducting a n y opera t io n s under th i s grant of

ex e m ption. In f ul f illing its requir e ments und e r the COA, Petiti o ner will be req u ired to

re quest a N OTAM not m o re than 7 2 hours in	advance, but not le s s t h an 24 hou r s prior t o

the operati o n.

W h en appli c able, all U AS operat i ons wi l l be c onducted in	accord a nce with a n y

state or loc a l priva c y l a ws.

D. The Reque s ted Ex e mp t ion Pr o m o tes the Pub l i c Interest

The enhanc e d sa f e t y a c hieved b y r e placing si g ni f icant l y l a rger m a n n e d aircra f t

car r y ing cr e w and f l a m m a ble f uel with s mall UAS car r y i ng no p ass e ngers or cr e w and

operated u n der the s p e ci f ic guidelines and pr o cedures pr o posed b y P etitioner g i v es the	FAA

go o d cause t o f ind that the U AS op e rat i ons enabled b y the ins t ant Petiti o n are in t he	publicinte r est. M ore o ver, as the FAA h a s al r ea d y recogn i zed, “ UA S provide a n additional t ool f or

the f ilmmaking indust r y

, a d ding a great e r degree o f f lexibili t y

, which suppl e m en t s	the

c u rre n t capabiliti e s o ff ered by manned a i rcra f t.” S e e Ex e m pti o n No.

11062, R e gulato r y Do c ket No. F AA

- 20 1 4

- 03 5 2, at p. 22.

V. CONCL U SION

For the f oregoing r e as o ns, the reg u lato r y e x e mptions req u ested h e rein should be

grante d pu r suant to	the FAA’s ex p edited “ S u m m a r y Grant” process a nd Petiti o ner sho u ld

be pe r m itt e d to co n du c t s m all U A S oper a tions f or the purpose of	aer i al f il m ing a nd

photograp h y

.

Respect f ul l y su b mitte d

,

Skye	Cam	Productions	LLC

5212	Tabard	CT	Baltimore,	MD 21212

Tel:	(202)	681

- 1813

skyecamprod@gmail.com