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June 22, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Wa shington, DC 20590 Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations, Seeking Exempt ion from 14 C.F.R. Part 21; 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 14 C.F.R. §§ 61.113(a) and (b); 14 C.F.R. §§ 91.7(a); 14 C.F.R. §§ 91.9(b)(2); 14 C.F.R. §§ 91.103; 14 C.F.R. §§ 91.109; 14 C.F.R.§ 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 1 4 C.F.R. §§ 91.203(a)(b); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); 14 C.F.R. §§ 91.417(a) and (b). Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Sky Camera Aerial Images ("SCAI"), a service provider of aerial imaging for real estate, industrial asset and power structure inspections, construction and agriculture surveying, and closed set filming, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation for its Small Unmanned Aircraft Systems ("sUASs") for safe, efficient and up

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- date aerial imaging within the National Airspace, so long as such operations are conducted wit hin and under the conditions outlined herein or as may be established by the FAA as required by Section 333. As detailed in this document and the attached Flight Operations Manual (see Appendix A), the requested exemption would permit the operation of sUA S under acceptable conditions in airspace that is: limited, predetermined, controlled as to access, and would provide an increased level of safety to the best practices already demonstrated by SCAI at each of its sites. Approval of this exemption would the reby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to " ...establish requirements for the safe operation of such aircraft systems in the national airspace system."

THE SMALL UNMANNED AIRCRAFT SYST EM (sUAS) DETAILS: I. Manufacturer: 3D Robotics (see http://3drobotics.com/kb/x8/ ) Model: X8+ octocopter2

3D Robotics X8+ Specs Battery: 4S 14.8V 10,000 mAh 10C Battery Dimensions: 6.6 in x 2.6 in x 1.4 in (16.7 cm x 6.5 cm x 3.5 cm) Battery W eight: 803 g Autopilot Hardware: Pixhawk v2.4.5 Autopilot Firmware: ArduCopter 3.2 GPS: 3DR u

- blox GPS with Compass (LEA

- 6H module, 5 Hz update) Ground Station Radio: 3DR Radio v2 (915 MHz) Motors: SunnySky V2216

- 12 KV800 II Frame Type: X Propellers: APC Propeller 11x4.7 SF (4) APC Propeller 11x4.7 SFP (4) Vehicle Dimensions: 13.7 in x 20.1 in x 11.8 in (35 cm x 51 cm x 20 cm) Payload Capacity: 800 g (1.7 lbs) Vehicle We ight with Battery: 2.56 kg (5.6 lbs) M aximum Altitude*: 100 m Range*: 300 m from launch point (1 km when geofence disabled) Maximum Estimated Flight Time: 15 minutes *W hile geofence enabled (default) The sUAV will carry an on

- board camera capable of capturing images in the form of full color , high definition still photos and videos. Equipped with an on

- board flight computer sending flight data to the on

- board 5.8GHz radio transmitter including altitude AGL, horizontal and vertical speed, battery level, compass direction of flight and directio n back to a ground controller. 3D Robotics X8+ Operation Manual Flight Safety Checklist
The Name and Address of the applicant is: **Sky Camera A** **erial Images** Attn: Darrell Richmond, Founder / President Ph: (813) 421

-4146 Email: drichmond@skycamerauav.com Address: 154 W. Lathan Lane, Suite 101 Citrus Springs, FL 344343

Regulations from which the exemption is requested:

 14 CFR Part 21

 14 C.P.R. 45.23(b)

 14 CFR 61.113 (a) & (b)

 14 C.P.R. 91. 7 (a)

 14 CFR 91.9 (b)(2)

 14 C.P.R. 91.103

 14 C.P.R. 91.109

 14 C.P.R. 91.119

 14 C.P.R. 91.121

 14 CFR 91.151 (a)

 14 CFR 91.203 (a) & (b)

 14 CFR 91.405 (a)

 14 CFR 407 (a)(1)

 14 CFR 409 (a) (2)

 14 CFR 417 (a) & (b) 1. Statutory Authority for Exempt ions The Federal Aviation Act expressively grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under section §40101 of the Act that includes sUASs, from the requ irement that civil aircraft must have a current airworthiness certificate. This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportatio n to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to de termine which types of sUASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following: The sUASs size, weight, speed, and operational capability Operation of the sUAS in close proximity to a irports and populated areas; and Operation of the sUAS within visual line of sight of the operator. Reform Act Section 333 (a). Lastly, if the Secretary determines that such operations "may operate safely in the national airspace system, the Secretary sh all establish requirements for the safe operation of such aircraft in the national airspace system." Id . §333( c). SCAI’s sUASs are multirotor vehicles that are electricity powered, weighing less than 10lbs. including payload. The sUAS operate under norma l conditions at speeds of no more than 30 knots and have the capability to hover, and move in4

the vertical and horizontal plane simultaneously. The sUAS will operate only in the line of sight at all times and will operate only within the sterile area descr ibed and pre

- established before all flights as outlined in the Flight Operation Manual. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public." Reform Act Section 333 (b). Given the smal l size of the sUASs involved and the restricted environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commerci al operations of sUAS to commence immediately. Also due to the size of the sUAS and the restricted areas in which the relevant sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of t he Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including reliable and up

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- date aerial imagery along with enhan ced safety for person’s on the ground. Exemptions associated with allowing the commercial use of sUAS is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. 2. Public Interest This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rule

- making required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress’ intent of allowing sUAS to operate with significant safety precautions in low risk environments. The use of sUASs in aerial imaging can significantly increase the quality and accuracy of construction site surveys, inspections of industrial assets, power infrastructure and agriculture, real estate marketing and on closed

- set film pro ductions, while reducing the cost compared to conventional methods of aerial imaging. Larger more conventional aircraft are potentially hazardous due to their size, combustible fuel, and emission of hazardous pollutants whereas the use of sUASs would incre ase the safety of workers and the public in general. Additionally, the use of sUASs would allow for greater precision in imagery that would require an AGL too low for conventional aircrafts. Lastly, use of sUASs at controlled sites and under

- development s ites can reduce the risk of injury by eliminating the need for a large number of workers in a potentially hazardous environment. There are innumerable risks in almost every work place, and especially in the construction and industrial industries. The imple mentation of sUAS's can reduce the number of injuries and fatalities on these hazardous sites.5

3. Equivalent Level of Safety SCAI puts forth that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with t he limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed on construction sites, power utility sites and film production operations conducted with helicopters and other conventional aircraft. SCAI will be bound by the following limitations when conducting its sUAS operation under an FAA issued exemp tion: 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of the Pilot. 3. Flights will be operated at an altitude of no more than 400 feet AGL. 4. Maximum total flight time for each operational flight will be 15 m inutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 15 minute limit. 5. Minimum crew for each operation will consist of the sUAS Operator who will maintain VLOS with the sUAS at all times. 6. sUAS operators will be trained in flight, operations, and safety procedures as detailed in the Flight Operations Manual (“FOM”). 7. The operator will have been trained in the operation of sUAS generally and received up

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- date information on the particular sUAS to be operated. 8. The sUAS will only operate within a confined "sterile area" as defined in the “FOM”. It requires the establishment of a "Security Perimeter" for the flight operations area. 9. The operator will submit a written Plan of Activities for each site. 10. A briefing will be conducted in regard to the planned sUAS operations prior to each day's production activities. It will be mandatory that all personnel that will be performing duties within boundaries of the safety perimeter be present for this briefing. 11. All onsite personnel will consent to the sUAS flyover on site by waiver, and the operator will obtain additional verbal or written consent of all persons who will be allowed within 100ft of the flight operation.6

12. Written and/or oral permission from the relevant property holders will be obtained. 13. All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate government agencies. 14. If t he sUAS loses communications or it loses its GPS signal, the sUAS will have capability to return to a pre

- determined location within the Security Perimeter and land. 15. The sUAS will have capability to abort flight in case of unpredictable obstacles or e mergencies. 4. Description of Specific Regulations **14 C.F.R. Part 21, Subpart H: A ir w**  **orthiness certificates 14 C.F.R. Section 91.203 (a) (1)**  Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of air worthiness certificates as required by FAR Section 91.203 (a) (1). Given the size and limited operating area associated with aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safe ty under Part 11 and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, proximity to airports and populated a reas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in a restricted environment and under the conditions proposed will be at least as safe, or safer, than conve ntional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the retractions and conditions proposed. The sUAS to be operated here under is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, carries n o explosive materials or flammable materials liquid fuels, and operates exclusively within a secured area as set out in the Flight Operations Manual. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the Flight Operations Manual’s requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is currently done on active construction and industrial sites. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection to motion picture and television production, provide a greater degree7

of safety to public and property owne rs than conventional operations conducted with airworthiness certificates issued under 14 C.P.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. **14 C.F .R. Section 45.23 (b). Marking of the A ircraft**  The regulation requires:
Wh en marks includ e only the Roman capital letter ''N" and the registration of the number is displayed on limited, restricted or in a light

- sport category aircraft or experimental or provisionally certified aircraft, the operator must also display on the 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 spot," "experimental," or "provisional," as applicable. Even though the sUAS will have no airworthin ess certificate, and exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word "experimental" can be placed. Given the size of the sUAS, the two inch lettering will be impossible. The word "experimen tal" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAS marked on it fuselage as required by §45.29 (f) where the operator, observer and others working with the sUAS will see th e identification of the sUAS as "Experimental." The FAA has issued the following exemptions to this regulation to exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167A. **14 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations : Pilot**  **in Command.** Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring t he PIC operating the aircraft to have logged 50 hours of flight experience along with 200 take

- offs and 200 landings with a sUAS before flying at a site, rather than have a commercial pilot’s license to operate this small sUAS. Unlike a conventional aircraft that carries a pilot and passengers, the sUAS is remotely controlled with no living thing onboard. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety provided by the requiremen ts included in the Flight Operations Manual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of ris k associated with the operation of a commercial operations contemplated with Part 61 when drafted,8

that allowing operations of the sUAS as requested with a pilot who has met the minimum requirements outlined in the Flight Operations Manual and has logged a sufficient number of flights exceeds the present level of safety achieved by 14 C.P.R. §61,113 (a) & (b). **14 C.P.R. §91.7 (a): Civil Ai**  **rcraft Ai**  **rw orthiness.**  The regulation requires that no person may operate a civil aircraft unless it is in airworthy co ndition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the manu al for maintenance and use of safety check lists prior to each flight, as set forth in the manual and equivalent level of safety will be provided. **14 C.F.R. § 91.9 (b) (2): Civil Ai**  **rcraft Flight Manual, marking and placard in the A**  **ircraft** The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot onboard, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety w ill be maintained by keeping the flight manual at the ground control point where the operator flying the sUAS will have access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10602, 32827, and 10700. **14 C.F.R. § 91.103: Preflight action** This regulation requires each pilot in command to take certain actions before flight to insure the safety of the flight. An exemption is needed from this requirement as the pilot will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data and all other actions outlined in the Flight Operations Manual (“FOM”), before initiation of flight. These actions will p rovide an equivalent level of safety. **14 C.F.R. §91.109: Flight instruction** Section 91.103 provides 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 functi oning dual controls. sUASs and remotely controlled aircraft, by their design do not have fully functioning dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functioning dual controls for a number of aircraft and for flight instruction in experimental aircraft.9

See exemption Nos.5778K & 9862A. The equivalent level of safety provided by that neither a pi lot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. **14 C.F.R. §91.119: Minimum safe altitudes** Section 91.119 establishes safe altitudes for operations of civil aircraft. Section 91.119 (d) allows helicopters to b e operated at less than the minimums prescribed provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for the sUAS that flies similarly to a helicopter and the exemption requests authority to operate at altitudes of up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption is may be needed to allow such operations. As set forth by herein, except for the limited conditions sta ted in the Flight Operations Manual, the sUAS will never operate higher than 400 AGL. It will however be operated in a restricted area with a security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consen t. The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance noti ce to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations as set forth in the Flight Operations Manual. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk of associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the construction surveying and industrial inspection industries. In addition, the low

- altitude operations of the sUAS will ensure separation between these small sUAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 C.F.R. §91.121 A ltimeter**  **Settings** This regulation requires 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." As t he sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Flight Operations Manual and Safety Checklist, confirming the alti tude of the launch site shown on the GPS altitude indicator before flight.10

**14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions** Section 91.151 (a) prohibits and individual from beginning "a flight in an airplane under VFR conditions unl ess (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." The battery powering the UAS provides approximately 15 minutes of powered flight. To meet the 15 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 4 minutes in length. Given the limitati ons on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. SCAI believes that an exemption from 14 CFR (a) falls within th e scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small sUAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risk that Section 91.151 (a) was intended to alleviate given the size speed of the small sUAS. Additionally, limiting sUAS flights to 10 mi nutes would greatly reduce the utility for which the exemption will be granted. SCAI believes that an equivalent level of safety can be achieved by limiting flights to 12 minutes or 20% of battery power, whichever happens first. This restriction would be more than adequate to return the sUAS to its landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. **14 C.F.R. §91.203 (a) and (b): Carry ing C**  **iv il A**  **ircraft Certification and Registration**  The regulation provides in pertinent part: (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 certifi cate ... (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 cockpit entrance so that it is legible to passeng ers or crew.11

The sUAS fully loaded weighs no more than 10lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them; to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representati ve sample of other exemptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9816A, 10700. **14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b)** These regulations require that an aircraft operator or owner "shall have that aircraft inspected as presc ribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. .. ," and others shall inspect or maintain the aircraft in co mpliance with part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to SCAI. Maintenance will be accomplished by the operator as referenced in the Flight Operations Manual. An equivalent level of safety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and wil l be operating from no higher than 400 feet AGL. As provided in the Flight Operations Manual, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance preformed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Pursuant to 14 C.F.R Part 11, the following summary is provided for publicat ion in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R45.23 (b); 14 C.F.R. §§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);91.103 (b); 91.109; 91.119;91.121;91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (10 lbs or less) in the Industrial and Agriculture Inspection, Construction Surveying, Real Esta te Marketing and Closed

- Set Filming operations. Approval of exemptions allowing commercial operations of sUASs in the Industrial and Agriculture Inspection, Construction Surveying, Real Estate Marketing and Closed

- Set Filming operations will enhance safety by reducing12

risk. Conventional operations using jet or piston aircraft operate at extremely low altitudes just feet from the equipment and structures; and present the risks associated with vehicles that weigh in the neighborhood of 3,000

- 5,000 lbs., carry ing large amounts of jet A or other fuel in most cases helicopters operating with 140 gallon fuel tanks. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operations of small sUASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the Part 21 and allowing commercial operations. These lightweight sUASs operate at slow speeds, close to the ground and in a restricted environment, as a result, are far safer than conventional operations conducted with a piston and or turbine aircraft operating close to the ground.
**Public A cknow**  **ledgement/Privacy** All Flights will occur only once th e property owner has authorized operations to be conducted. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place. Satisfaction of the criteria provi ded in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to populated areas and or close proximity to airports and operations within visual line of sight provides more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's sUAS in the Industrial and Agriculture Inspection, Construction Surveying, Real Estate Marketing and Closed

- Set Filming operations. Sincerely,
Darrell Richmond Founder / President Sky C amera Aerial Images Ph: (813) 421

-4146 Email: drichmond@skycamerauav.com Address: 154 W. Lathan Lane, Suite 101 Citrus Springs, FL 34434