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	REQUIREMENTS	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	COMMERCIAL	

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.com
I.	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,	cameramounted	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	qualifications	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.	Additionally,	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	requests	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	authorization	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	Astraeus	
Aerial	for	operation	of	unmanned	aircraft	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	Section	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	requested 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	approvals,	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	business	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	Manual,	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,	to	
include,	“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	landing	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	congested	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	pertinent	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	certificate;	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)	requires,	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	repaired	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	return	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	this	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	including,	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	PROPOSED	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,	carry	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	lost-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	designated	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	available	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	exists	
for	granting	Petitioner’s	requested	relief	from	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	

onboard	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	onscreen	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	restricted	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,	Subpart	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	inspection	
requirements,	procedures	to	document	and	maintain	maintenance	records	with	regard	to	

Petitioner’s	UAS,	and	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 Pilot in Command

Petitioner’s UAS pilot in command (“PIC”)shall hold either an airline transport,

commercial, private, recreational, or	sport pilot certificate. The PIC shall also hold acurrent	

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	establishing	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	specific	make	and	model	experience,	culminating	in	verification	through	testing.”	See	

Exemption	No.	11062,	Regulatory	Docket	No.	FAA-2014-0352,	at	p.	18.

With those factors in mind, Petitioner will not allow any PIC to	operate unless the PIC

demonstratesthe ability to safely operate the UAS in a manner consistent with how the	UAS

will be operated under this exemption, including evasive and emergency maneuvers	and

maintaining appropriate distancesfrom persons, vessels, vehicles, and structures. PIC	

qualification flight hours and currency will be logged in a manner consistent with 14 C.F.R. §

61.51(b). Flights for the purpose of	training Petitioner’s PICs and VOs (training, proficiency,

and experience-building) will be conducted under the terms of	the requested exemption.

During training, proficiency, and experience-building	flights, all persons not essential for

flight operations are considered nonparticipants, and	the PIC will operate the aircraft with
appropriate distance from nonparticipantsin

accordance with 14 C.F.R. § 91.119.

Regarding Petitioner’srequested relief from 14 C.F.R. § 91.7(a), it	is	Petitioner’s	

understanding that Petitioner’s UAS will not require an airworthiness certificate in	

accordance with 14 C.F.R. Part 21, Subpart H, and that exemption from 14 C.F.R. § 91.7(a)

is	therefore unnecessary. To the extent such an	exemption is deemed necessary,	

Petitioner asserts that it should be	granted in light of	the safety procedures proposed

herein.		In accordance with the pertinent part of	14 C.F.R. § 91.7(b), the operator in

command of Petitioner’s UAS shall be responsible for determining whether the aircraft is

in a safe	condition for flight. Petitioner’s manualsfor maintenance and operationsshall

include	safety checkliststo be used by the operator in command prior to each flight.

Regarding Petitioner’srequested relief from 14 C.F.R. § 91.9(b)(2) (Civil aircraft	flight

manual, marking, and placard requirements) and § 91.203(a) and (b), (Civil aircraft:	

certificationsrequired), it is Petitioner’s understanding that relief from these regulationsis	

no longer necessary in light of	the FAA Memorandum“Interpretation regarding whether	

certain required documents may be kept at an unmanned aircraft’s control station,” dated

August 8,	2014. To the extent the FAA deems an exemption from	this section necessary for

Petitioner’s proposed operations,such exemption should be granted in light of	the

mitigating fact that Petitioner will maintain the documentsrequired under 14 C.F.R. §§ 91.9

and 91.203 at the UAS ground control station during flights.

Additionally, 100% of	Petitioner’s operations will utilize a visual observer	(“VO”). The

VO may be used to satisfy the VLOS requirement as long as the PIC	always maintains VLOS

capability. The VO and the PIC will be	able to communicate	verbally at all times during

operational flights.

Regarding Petitioner’srequested relief from 14 C.F.R. § 91.103(b)(1), Petitioner	will

comply with the other applicable procedures and requirementsstated in §91.103(a)	and

(b). Specifically, the PIC will take all actions including reviewing weather, flight	battery

requirements, aircraft performance data, and landing and takeoff distances before	

initiation of	a flight. The PIC will also account for all relevantsite-specific conditionsin	their
preflight procedures. Risks presented by sun glare will be	mitigated by the PIC’s and	VO’s

ability to see other air traffic and initiate a return-to-home sequence if	needed.

The PIC’s UAS operation will be	limited to a unique and restricted environment.	

Given the (1) separation of	closed-set filming operationsfrom other manned operations,	(2)

parallel nature of	aeronautical knowledge requirementsincumbent in obtaining a	private,

recreational, or	sport pilot certificate versus a commercial pilot’s license, and (3)	the

proposed UAS airmanship skills of	Petitioner’s PICs, the additional manned	airmanship

experience of	a	commercial pilot would not correlate to the airmanship skills	necessary for

Petitioner’s proposed unmanned operations. Thus, Petitioner’srequest for	relief from 14

C.F.R. § 61.113(a) and (b) and § 61.133(a)should be granted.

C.					 Operating Parameters of Petitioner’s UAS

Petitioner’s UAS operations will be conducted within a sterile environment of	

closed-set filming. In this controlled environment, Petitioner’s operations will remain	

within VLOS of	the PIC and VO, below 400 feet AGL, and at speeds below 87	knots.	Only

participating persons will be	permitted within the operating area.

1

Consistent with the relief typically provided to manned operations under FAA

Order 8900.1, Volume 3, Chapter 8, Section 1,	Petitioner requests relief from 14 C.F.R.

§91.119(c) with respect to those participating persons, vehicles, and structures directly	

involved in the performance of	the actual filming. Regarding distance from

participating	persons, the operations manualsset forth safety factors for authorized

and consenting	production personnel. Because those procedures are specific to

participating persons, no	further FSDO or aviation safety inspector approval is

necessary for reductionsto the	distancesspecified in Petitioner’s manuals.

Regarding the distance from nonparticipating persons, Petitioner will ensure that	

all operations are conducted at least 500 feet from all nonparticipating persons, vessels,	

																																																							 1 Pursuant to	Order 8900.1 V3, C8, S1, “participating persons” includes all persons	associated with the filming production.
vehicles, and structures unless:

(a) Barriers or	structures are present that sufficiently protect nonparticipating	

personsfrom the UAS and/or debris in the event of	an accident. Petitioner will

ensure that nonparticipating personsremain under such protection. If	a	

situation arises where nonparticipating persons leave such protection and	are

within 500 feet of	the UAS, flight operations must cease immediately in a	

manner ensuring the	safety of	nonparticipating persons; and

(b) The owner/controller of	any vessels, vehicles, or structures has	granted

permission for operating closer to those objects and the PIC has made a safety

assessment of	the risk of	operating closer to those objects and has	determined

that it	does not present an undue hazard.

Unless a letter of	agreement with an airport’s management is obtained or the

operations are otherwise permitted by a Certificate of	Waiver or Authorization (“COA”),	

Petitioner will not conduct UAS operations within 5 nautical miles of an airport reference	

point (“ARP”) as denoted in the current FAA Airport/FacilityDirectory (“AFD”). For	airports

not denoted with an ARP, Petitioner will not conduct UAS operations within 5	nautical miles

of	the center of	the airport symbol as denoted on the current FAA- published	aeronautical

chart, without the aforementioned letter of	agreement or COA in place. The	letter of	

agreement with airport management will be	made available to	the FAA and any law

enforcement official upon request. All operations will be conducted in	accordance with a

Notice to Airmen (“NOTAM”).

Additionally, Petitioner will not operate in	Class B, C,	or D airspace without written

approval from the FAA. Nor will Petitioner operate the UAS 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.	

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,	

parasailing	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	section	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	regulations	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	manned	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 requests a “blanket” COA permitting commercial UAS operations at or

below 200 feet AGL. For all other operations, Petitioner will obtain an Air Traffic	

Organization (“ATO”) issued COA prior to conducting any operations under this grant of	

exemption. In fulfilling its requirements under the COA, Petitioner will be required to	

request a NOTAM not more than 72 hours in	advance, but not less than 24 hours prior to

the operation.

When applicable, all UAS operations will be conducted in	accordance with any

state or local privacy laws.

D.					 The Requested Exemption Promotesthe Public Interest

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. Moreover, as the FAA has already recognized, “UAS provide an additional	tool for

the filmmaking industry, adding a greater degree of flexibility, which supplements	the

current capabilities offered by manned aircraft.” See Exemption No.

11062, Regulatory Docket No. FAA-2014-0352, at p. 22.

V.					 CONCLUSION

For the foregoing reasons, the regulatory exemptionsrequested herein should be	

granted pursuant to	the FAA’s expedited “Summary Grant” process and Petitionershould	

be permitted to conductsmall UAS operationsfor the purpose of	aerial filming and

photography.

Respectfully submitted,

Skye	Cam	Productions	LLC	

5212	Tabard	CT	Baltimore,	MD 21212	

Tel:	(202)	681-1813

skyecamprod@gmail.com